Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1860

Introduced by Assembly Member Alejo

February 10, 2016

An act to amend Section begin delete 566 of the Penal Code, relating to branded containers. end delete begin insert 1464 of, and to add Title 14 (commencing with Section 14400) to Part 4 of, the Penal Code, relating to peace officers, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1860, as amended, Alejo. begin delete Branded containers: brand registration: destruction. end delete begin insert Local law enforcement: body-worn cameras: grant program. end insert

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Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment.

end insert begin insert

This 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 insert begin insert

Existing 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 insert begin insert

This 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 insert begin insert

By transferring general fund moneys into a continuously appropriated fund, this bill would make an appropriation.

end insert begin delete

Existing law makes it a felony for an unauthorized person, as defined, to possess, or use, or to obliterate or destroy the brand registration upon, containers, including milk cases, cabinets, or other dairy equipment, which have a value in excess of $950.

end delete begin delete

This bill would make technical, nonsubstantive changes to this provision.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1464 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

1464.  

(a) (1) Subject to Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code, and except as otherwise
provided in this section, there shall be levied a state penalty in the
amount of ten dollars ($10) for every ten dollars ($10), or part of
ten dollars ($10), upon every fine, penalty, or forfeiture imposed
and collected by the courts for all criminal offenses, including all
offenses, except parking offenses as defined in subdivision (i) of
Section 1463, involving a violation of a section of the Vehicle
Code or any local ordinance adopted pursuant to the Vehicle Code.

(2) Any bail schedule adopted pursuant to Section 1269b or bail
schedule adopted by the Judicial Council pursuant to Section 40310
of the Vehicle Code may include the necessary amount to pay the
penalties established by this section and Chapter 12 (commencing
with Section 76000) of Title 8 of the Government Code, and the
surcharge authorized by Section 1465.7, for all matters where a
personal appearance is not mandatory and the bail is posted
primarily to guarantee payment of the fine.

(3) The penalty imposed by this section does not apply to the
following:

(A) Any restitution fine.

(B) Any penalty authorized by Chapter 12 (commencing with
Section 76000) of Title 8 of the Government Code.

(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.

(D) The state surcharge authorized by Section 1465.7.

(b) Where multiple offenses are involved, the state penalty shall
be based upon the total fine or bail for each case. When a fine is
suspended, in whole or in part, the state penalty shall be reduced
in proportion to the suspension.

(c) When any deposited bail is made for an offense to which
this section applies, and for which a court appearance is not
mandatory, the person making the deposit shall also deposit a
sufficient amount to include the state penalty prescribed by this
section for forfeited bail. If bail is returned, the state penalty paid
thereon pursuant to this section shall also be returned.

(d) In any case where a person convicted of any offense, to
which this section applies, is in prison until the fine is satisfied,
the judge may waive all or any part of the state penalty, the
payment of which would work a hardship on the person convicted
or his or her immediate family.

(e) After a determination by the court of the amount due, the
clerk of the court shall collect the penalty and transmit it to the
county treasury. The portion thereof attributable to Chapter 12
(commencing with Section 76000) of Title 8 of the Government
Code shall be deposited in the appropriate county fund and 70
percent of the balance shall then be transmitted to the State
Treasury, to be deposited in the State Penalty Fund, which is hereby
created, and 30 percent to remain on deposit in the county general
fund. The transmission to the State Treasury shall be carried out
in the same manner as fines collected for the state by a county.

(f) The moneys so deposited in the State Penalty Fund shall be
distributed as follows:

(1) Once a month there shall be transferred into the Fish and
Game Preservation Fund an amount equal to 0.33 percent of the
state penalty funds deposited in the State Penalty Fund during the
preceding month, except that the total amount shall not be less
than the state penalty levied on fines or forfeitures for violation of
state laws relating to the protection or propagation of fish and
game. These moneys shall be used for the education or training of
department employees which fulfills a need consistent with the
objectives of the Department of Fish and begin delete Game. end delete begin insert Wildlife. end insert

(2) Once a month there shall be transferred into the Restitution
Fund an amount equal to 32.02 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding month.
Those funds shall be made available in accordance with Section
13967 of the Government Code.

(3) Once a month there shall be transferred into the Peace
Officers’ Training Fund an amount equal to 23.99 percent of the
state penalty funds deposited in the State Penalty Fund during the
preceding month.

(4) Once a month there shall be transferred into the begin delete Driver
Training Penalty Assessment end delete begin insert Body-worn Camera end insert Fund an amount
equal to 25.70 percent of the state penalty funds deposited in the
State Penalty Fund during the preceding month.

(5) Once a month there shall be transferred into the Corrections
Training Fund an amount equal to 7.88 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding
month. Money in the Corrections Training Fund is not continuously
appropriated and shall be appropriated in the Budget Act.

(6) Once a month there shall be transferred into the Local Public
Prosecutors and Public Defenders Training Fund established
pursuant to Section 11503 an amount equal to 0.78 percent of the
state penalty funds deposited in the State Penalty Fund during the
preceding month. The amount so transferred shall not exceed the
sum of eight hundred fifty thousand dollars ($850,000) in any
fiscal year. The remainder in excess of eight hundred fifty thousand
dollars ($850,000) shall be transferred to the Restitution Fund.

(7) Once a month there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64 percent
of the state penalty funds deposited in the State Penalty Fund
during the preceding month.

(8) (A) Once a month there shall be transferred into the
Traumatic Brain Injury Fund, created pursuant to Section 4358 of
the Welfare and Institutions Code, an amount equal to 0.66 percent
of the state penalty funds deposited into the State Penalty Fund
during the preceding month. However, the amount of funds
transferred into the Traumatic Brain Injury Fund for the 1996-97
fiscal year shall not exceed the amount of five hundred thousand
dollars ($500,000). Thereafter, funds shall be transferred pursuant
to the requirements of this section. Notwithstanding any other
provision of law, the funds transferred into the Traumatic Brain
Injury Fund for the 1997-98, 1998-99, and 1999-2000 fiscal years,
may be expended by the State Department of Mental Health, in
the current fiscal year or a subsequent fiscal year, to provide
additional funding to the existing projects funded by the Traumatic
Brain Injury Fund, to support new projects, or to do both.

(B) Any moneys deposited in the State Penalty Fund attributable
to the assessments made pursuant to subdivision (i) of Section
27315 of the Vehicle Code on or after the date that Chapter 6.6
(commencing with Section 5564) of Part 1 of Division 5 of the
Welfare and Institutions Code is repealed shall be utilized in
accordance with paragraphs (1) to (8), inclusive, of this subdivision.

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begin insert SEC. 2. end insert   

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begin insert Title 14 (commencing with Section 14400) is added to
Part 4 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Title  begin insert 14. end insert   Body-Worn Camera Grant Program for
Local Law Enforcement

 

begin insert 14400. end insert   

The Board of State and Community Corrections shall
develop a grant program for the purpose of making 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.

begin insert 14402. end insert   

The Body-worn Camera Fund is hereby created.
Notwithstanding Section 13340 of the Government Code, all
moneys in the fund are continuously appropriated to the Board of
State and Community Corrections for the purposes of Section
14400.

begin insert 14404. end insert   

If federal funds become available for the purpose of
purchasing body-worn cameras and related equipment for local
law enforcement, the Board of State and Community Corrections
shall adjust the grant program to maximize state and local
competitiveness in obtaining federal funds, and the board shall
either apply for federal funds on behalf of a local law enforcement
agency, or reimburse a local law enforcement agency that has
expended funds for federal funds purposes.

end insert

begin delete

SECTION 1.  

Section 566 of the Penal Code is amended to
read:

566.  

It is a felony, punishable by a fine not exceeding one
thousand five hundred dollars ($1,500), or by imprisonment
pursuant to subdivision (h) of Section 1170, or both, for an
unauthorized person to possess or use, or to obliterate or destroy
the brand registration upon, containers, including milk cases,
cabinets, or other dairy equipment, which have a value in excess
of nine hundred fifty dollars ($950), when the containers, cabinets,
or other dairy equipment are marked with a brand that is registered
pursuant to Chapter 10 (commencing with Section 34501) of Part
1 of Division 15 of the Food and Agricultural Code. For purposes
of this section, “unauthorized person” has the same meaning as
defined in Section 34564 of the Food and Agricultural Code.

end delete