BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Kevin Murray, Chairman
1761 (Poochigian)
Hearing Date: 5/8/06 Amended: 4/25/06
Consultant: Nora Lynn Policy Vote: Public Safety 4-0
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BILL SUMMARY:
SB 1761 redirects all but 1% of the funds now sent from the
State Penalty Fund (SPF) to the Drivers Training Penalty
Assessment Fund (DTPAF) to peace officer training, local
prosecutors and public defender training, victim-witness
assistance, child advocacy centers, victim trauma recovery and
witness protection purposes. SB 1761 further creates grant
programs, funded by redirected DTPAF proceeds, to be
administered by the Office of Emergency Services (OES) for
county child advocacy and victim trauma recovery centers until
July 1, 2011.
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Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09 Fund
DTPAF redirection $22,798* General*
OES costs $230 $460 $460 Various
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* More than half of DTPAF funds have been transferred to the
General Fund in recent years through annual Budget Acts; amount
reflects transfer proposed in 2006-07 budget
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STAFF COMMENTS: This bill meets the criteria to be placed on the
Suspense file.
Existing law authorizes the assessment of an additional "state
penalty" of $10 for every $10 in fines, penalties or forfeitures
imposed and collected by courts for criminal offenses, including
all offenses, except parking offenses, in the Vehicle Code. Of
the money collected, 30% remains with the assessing county and
70% is transmitted to the SPF and allocated to the Fish & Game
Preservation Fund, the Restitution Fund, the Peace Officers
Training Fund, the Driver Training Penalty Assessment Fund, the
Corrections Training Fund, the Local Public Prosecutors and
Public Defenders Fund, the Victim-Witness Assistance Fund and
the Traumatic Brain Injury Fund.
SB 1761 proposes the following changes to this allocation:
Decrease the monthly transfer from SPF to DTPAF from
25.7% to 1%, reducing the fund from $42 million to $1.6
million and effectively ending future General Fund
augmentations;
Increase the monthly transfer from STP to the Peace
Officers Training Fund from 23.99% to 33.49%, increasing
the fund from $39.2 million to $54.7 million;
Increase the monthly transfer from STP to the Local
Prosecutors and Public Defenders Training Fund from 0.78%
to 1.25% and delete the $850,000 annual
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SB 1761 (Poochigian)
transfer cap, increasing the fund to $2 million;
Increase the monthly transfer into the Victim-Witness
Assistance Fund from 8.84% to 14.4%; increasing the fund
from $14.1 million to nearly $23 million;
Create a monthly transfer to the Child Advocacy Center
Fund, which the bill creates, of 4.9%, or $8 million;
Create a monthly transfer to the Victim Trauma Recovery
Fund, which the bill creates, of 2% or $3.3 million; and
Create a monthly transfer to the Witness Protection
Program of 2%, or $3.3 million.
SB 1761 establishes grant programs at OES both for child
advocacy centers and victim trauma recovery services until July
1, 2011. Grants from the Child Advocacy Center Fund can be made
to counties for recovery of costs associated with child victim
forensic evidentiary interviews. Additionally, OES is required
to award grants from the Victim Trauma Recovery Fund to as many
as five sites beginning July 1, 2007 that meet specified
programmatic requirements.
SB 1761 permits OES to retain up to 7 percent of the funds
transferred into the Child Advocacy Center Fund and 7 percent of
the funds transferred into the Victim Trauma Recovery Fund (or
to administer grants. The office has projected costs of $150,000
associated with the child advocacy center training, $250,000 for
staff for the victim trauma centers as well as approximately
$60,000 for travel, per diem and printing costs.