AB 65,
as amended, Alejo. Local law enforcement: body-worn cameras:begin delete matchingend delete grant program.
Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment.
This bill would appropriate an unspecified sum from the General Fund to the Department of Justice for purposes of matching federal funds available to purchase body-worn cameras and related equipment for use by local peace officers. The bill would require the department to develop a matching grant program for local jurisdictions that would either allow the state to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for purposes of obtaining federal matching funds for body-worn cameras, as described.
end deleteThis bill would require the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. The bill would create the Body-worn Camera Fund, that would continuously appropriate funds to the board for those purposes.
end insertbegin insertExisting law creates the State Penalty Fund into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Once a month, certain percentages of money in that fund are transferred into other funds, including, among others, the Driver Training Penalty Assessment Fund.
end insertbegin insertThis bill would delete the transfer requirement for the Driver Training Penalty Assessment Fund and instead require a transfer to the Body-worn Camera Fund.
end insertbegin insertBy transferring general fund moneys into a continuously appropriated fund, this bill would make an appropriation.
end insertVote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 1464 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert
(a) (1) Subject to Chapter 12 (commencing with Section
476000) of Title 8 of the Government Code, and except as otherwise
5provided in this section, there shall be levied a state penalty in the
6amount of ten dollars ($10) for every ten dollars ($10), or part of
7ten dollars ($10), upon every fine, penalty, or forfeiture imposed
8and collected by the courts for all criminal offenses, including all
9offenses, except parking offenses as defined in subdivision (i) of
10Section 1463, involving a violation of a section of the Vehicle
11Code or any local ordinance adopted pursuant to the Vehicle Code.
12(2) Any bail schedule adopted pursuant to Section 1269b or bail
13schedule adopted by the Judicial Council pursuant to
Section 40310
14of the Vehicle Code may include the necessary amount to pay the
15penalties established by this section and Chapter 12 (commencing
16with Section 76000) of Title 8 of the Government Code, and the
17surcharge authorized by Section 1465.7, for all matters where a
18personal appearance is not mandatory and the bail is posted
19primarily to guarantee payment of the fine.
P3 1(3) The penalty imposed by this section does not apply to the
2following:
3(A) Any restitution fine.
4(B) Any penalty authorized by Chapter 12 (commencing with
5Section 76000) of Title 8 of the Government Code.
6(C) Any parking offense subject to Article 3 (commencing with
7Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
8(D) The state surcharge authorized by Section 1465.7.
9(b) Where multiple offenses are involved, the state penalty shall
10be based upon the total fine or bail for each case. When a fine is
11suspended, in whole or in part, the state penalty shall be reduced
12in proportion to the suspension.
13(c) When any deposited bail is made for an offense to which
14this section applies, and for which a court appearance is not
15mandatory, the person making the deposit shall also deposit a
16sufficient amount to include the state penalty prescribed by this
17section for forfeited bail. If bail is returned, the state penalty paid
18thereon pursuant to this section shall also be returned.
19(d) In any case where a person convicted of any offense, to
20which this section applies, is in prison until the fine is satisfied,
21the judge may waive
all or any part of the state penalty, the
22payment of which would work a hardship on the person convicted
23or his or her immediate family.
24(e) After a determination by the court of the amount due, the
25clerk of the court shall collect the penalty and transmit it to the
26county treasury. The portion thereof attributable to Chapter 12
27(commencing with Section 76000) of Title 8 of the Government
28Code shall be deposited in the appropriate county fund and 70
29percent of the balance shall then be transmitted to the State
30Treasury, to be deposited in the State Penalty Fund, which is hereby
31created, and 30 percent to remain on deposit in the county general
32fund. The transmission to the State Treasury shall be carried out
33in the same manner as fines collected for the state by a county.
34(f) The moneys so deposited in the State Penalty Fund shall be
35distributed as follows:
36(1) Once a month there shall be transferred into the Fish and
37Game Preservation Fund an amount equal to 0.33 percent of the
38state penalty funds deposited in the State Penalty Fund during the
39preceding month, except that the total amount shall not be less
40than the state penalty levied on fines or forfeitures for violation of
P4 1state laws relating to the protection or propagation of fish and
2game. These moneys shall be used for the education or training of
3department employees which fulfills a need consistent with the
4objectives of the Department of Fish andbegin delete Gameend deletebegin insert Wildlifeend insert.
5(2) Once a month there shall be transferred into the Restitution
6Fund an amount equal to 32.02 percent of the state penalty
funds
7deposited in the State Penalty Fund during the preceding month.
8Those funds shall be made available in accordance with Section
913967 of the Government Code.
10(3) Once a month there shall be transferred into the Peace
11Officers’ Training Fund an amount equal to 23.99 percent of the
12state penalty funds deposited in the State Penalty Fund during the
13preceding month.
14(4) Once a month there shall be transferred into thebegin delete Driver begin insert Body-worn Camera Fend insertbegin insertundend insert
an
15Training Penalty Assessment Fundend delete
16amount equal to 25.70 percent of the state penalty funds deposited
17in the State Penalty Fund during the preceding month.
18(5) Once a month there shall be transferred into the Corrections
19Training Fund an amount equal to 7.88 percent of the state penalty
20funds deposited in the State Penalty Fund during the preceding
21month. Money in the Corrections Training Fund is not continuously
22appropriated and shall be appropriated in the Budget Act.
23(6) Once a month there shall be transferred into the Local Public
24Prosecutors and Public Defenders Training Fund established
25pursuant to Section 11503 an amount equal to 0.78 percent of the
26state penalty funds deposited in the State Penalty Fund during the
27preceding month. The amount so transferred shall not exceed the
28sum of eight hundred fifty thousand dollars ($850,000) in any
29fiscal year. The remainder in excess of eight
hundred fifty thousand
30dollars ($850,000) shall be transferred to the Restitution Fund.
31(7) Once a month there shall be transferred into the
32Victim-Witness Assistance Fund an amount equal to 8.64 percent
33of the state penalty funds deposited in the State Penalty Fund
34during the preceding month.
35(8) (A) Once a month there shall be transferred into the
36Traumatic Brain Injury Fund, created pursuant to Section 4358 of
37the Welfare and Institutions Code, an amount equal to 0.66 percent
38of the state penalty funds deposited into the State Penalty Fund
39during the preceding month. However, the amount of funds
40transferred into the Traumatic Brain Injury Fund for the 1996-97
P5 1fiscal year shall not exceed the amount of five hundred thousand
2dollars ($500,000). Thereafter, funds shall be transferred pursuant
3to the requirements of this section. Notwithstanding any other
4
provision of law, the funds transferred into the Traumatic Brain
5Injury Fund for the 1997-98, 1998-99, and 1999-2000 fiscal years,
6may be expended by the State Department of Mental Health, in
7the current fiscal year or a subsequent fiscal year, to provide
8additional funding to the existing projects funded by the Traumatic
9Brain Injury Fund, to support new projects, or to do both.
10(B) Any moneys deposited in the State Penalty Fund attributable
11to the assessments made pursuant to subdivision (i) of Section
1227315 of the Vehicle Code on or after the date that Chapter 6.6
13(commencing with Section 5564) of Part 1 of Division 5 of the
14Welfare and Institutions Code is repealed shall be utilized in
15accordance with paragraphs (1) to (8), inclusive, of this subdivision.
Title 14 (commencing with Section 14400) is added
18to Part 4 of the Penal Code, to read:
19
Thebegin delete Department of Justiceend deletebegin insert Board of State and
24Community Correctionsend insert shall develop abegin delete matchingend delete grant program
25for the purpose ofbegin delete matching federalend deletebegin insert makingend insert funds available to local
26law enforcement entities to purchase body-worn cameras and
27related data storage and equipmentbegin insert, and
to hire personnel necessary
28to operate a local body-worn camera programend insert.begin delete The matching grant
29program shall allow the state either to apply for federal matching
30funds on behalf of a local law enforcement entity, or to reimburse
31a local law enforcement entity that has expended its funds for
32federal matching fund purposes.end delete
The state matching grant program shall comport with
34requirements of the federal matching fund program for purposes
35of purchasing body-worn cameras for use by local peace officers.
The Body-worn Camera Fund is hereby created.
37Notwithstanding Section 13340 of the Government Code, all
38moneys in the fund are continuously appropriated to the Board of
39State and Community Corrections for the purposes of Section
4014400.
If federal funds become available for the purpose of
2purchasing body-worn cameras and related equipment for local
3law enforcement, the Board of State and Community Corrections
4shall adjust the grant program to maximize state and local
5competitiveness in obtaining federal funds, and the board shall
6either apply for federal funds on behalf of a local law enforcement
7agency, or reimburse a local law enforcement agency that has
8expended funds for federal funds purposes.
There is hereby appropriated from the General Fund
10to the Department of Justice, the amount of ____ dollars ($____)
11for the purpose of matching federal funds available to local law
12enforcement entities to purchase body-worn cameras and related
13data storage and equipment.
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