BILL NUMBER: AB 1053 CHAPTERED 08/28/00 CHAPTER 248 FILED WITH SECRETARY OF STATE AUGUST 28, 2000 APPROVED BY GOVERNOR AUGUST 25, 2000 PASSED THE ASSEMBLY AUGUST 10, 2000 PASSED THE SENATE JULY 6, 2000 AMENDED IN SENATE APRIL 3, 2000 AMENDED IN ASSEMBLY JANUARY 3, 2000 AMENDED IN ASSEMBLY APRIL 27, 1999 INTRODUCED BY Assembly Member Thomson (Principal coauthor: Assembly Member Zettel) (Coauthors: Assembly Members Wayne and Wildman) FEBRUARY 25, 1999 An act to amend Section 1464 of the Penal Code, relating to brain injuries, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1053, Thomson. Traumatic brain injury services funding. Existing law, until January 1, 2005, requires the State Department of Mental Health to provide funding for a postacute continuum-of-care model for adults with acquired traumatic brain injuries. Existing law establishes the Traumatic Brain Injury Fund which, upon appropriation by the Legislature, may be expended for purposes of this program. Under existing law, once each month there is required to be transferred from the State Penalty Fund into the Traumatic Brain Injury Fund an amount equal to 0.66% of the state penalty funds deposited into the State Penalty Fund during the preceding month, except that for each of the 1996-97, 1997-98, and 1998-99 fiscal years, the amount transferred is limited to $500,000. This bill would limit the application of the $500,000 limitation to the 1996-97 fiscal year and would appropriate the moneys no longer subject to the limitation for purposes of the traumatic brain injury program. This bill would authorize the State Department of Mental Health to expend the funds transferred into the Traumatic Brain Injury Fund for the 1997-98, 1998-99, and 1999-2000 fiscal years, 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. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1464 of the Penal Code is amended to read: 1464. (a) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, there shall be levied a state penalty, in an amount equal to ten dollars ($10) for every ten dollars ($10) or fraction thereof, upon every fine, penalty, or forfeiture imposed and collected by the courts for 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. Any bail schedule adopted pursuant to Section 1269b may include the necessary amount to pay the state penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. (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 Game. (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 Driver Training Penalty Assessment 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. SEC. 2. The Controller and any other state official of whom action is required in order to implement this act shall take all necessary actions to ensure that any money transferred from the Traumatic Brain Injury Fund to the State Penalty Fund pursuant to the amendments to Section 1464 of the Penal Code made by Chapter 1023 of the Statutes of 1999 is retransferred into the Traumatic Brain Injury Fund. SEC. 3. Any money, the transfer of which was required from the Traumatic Brain Injury Fund pursuant to the amendments to Section 1464 of the Penal Code made by Chapter 1023 of the Statutes of 1999, and that, therefore, is required to be retransferred to that fund pursuant to this act, is hereby appropriated to the State Department of Mental Health for purposes of Chapter 5 (commencing with Section 4353) of Part 3 of Division 4 of the Welfare and Institutions Code without regard to fiscal years. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide at the earliest possible time essential services to adults with acquired traumatic brain injuries by ensuring equitable funding for demonstration projects, it is necessary that this act take effect immediately.