BILL ANALYSIS �
AB 190
Page 1
Date of Hearing: April 26, 2011
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 190 (Wieckowski) - As Amended: March 15, 2011
SUMMARY : Adds an additional penalty assessment of $3 to every
fine, penalty or forfeiture deposit imposed by any court on
violations of specified Vehicle Code sections. This penalty
assessment shall not be assessed if the county board of
supervisors adopts an ordinance that expressly provides that
this assessment not be imposed for offenses committed within the
county's jurisdiction. Additionally, allows the county
treasurer to withhold sufficient funds to reimburse the county
and the courts for their actual, reasonable, and necessary costs
in administering this assessment. If funds are withheld, an
accounting report must be sent to the Regents of the University
of California.
EXISTING LAW :
1)States that there shall be levied a state penalty in the
amount of $10 for every $10, or part of $10, upon every fine,
penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including all offenses, except
specified parking offenses, involving a violation of a section
of the Vehicle Code or any local ordinance adopted pursuant to
the Vehicle Code. �Penal Code Section 1464(a).]
a) Provides any bail schedule may include the necessary
amount to pay the penalties established by this section,
and the surcharge for all matters where a personal
appearance is not mandatory and the bail is posted
primarily to guarantee payment of the fine.
b) States that the penalty imposed by this section does not
apply to the following:
i) Any restitution fine.
ii) Specified Government Code penalties.
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iii) Specified parking offenses.
iv) A specified state surcharge.
2)Specifies 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. �Penal Code Section 1464(b).]
3)States 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. �Penal Code Section 1464(c).]
4)Provides that 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. �Penal
Code Section 1464(d).]
5)States that the moneys so deposited in the State Penalty Fund
shall be distributed as follows �Penal Code Section 1464(f)]:
a) Once per month, there shall be transferred into the Fish
and Game Preservation Fund an amount equal to 0.33% 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.
b) Once per month, there shall be transferred into the
Restitution Fund an amount equal to 32.02% of the state
penalty funds deposited in the State Penalty Fund during
the preceding month.
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c) Once per month, there shall be transferred into the
Peace Officers' Training Fund an amount equal to 23.99% of
the state penalty funds deposited in the State Penalty Fund
during the preceding month.
d) Once per month, there shall be transferred into the
Driver Training Penalty Assessment Fund an amount equal to
25.7% of the state penalty funds deposited in the State
Penalty Fund during the preceding month.
e) Once per month, there shall be transferred into the
Corrections Training Fund an amount equal to 7.88% 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.
f) Once per 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% 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 $850,000 in any
fiscal year. The remainder in excess of $850,000 shall be
transferred to the Restitution Fund.
g) Once per month, there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64% of
the state penalty funds deposited in the State Penalty Fund
during the preceding month.
h) Once per month, there shall be transferred into the
Traumatic Brain Injury Fund an amount equal to 0.66% of the
state penalty funds deposited in the State Penalty Fund
during the preceding month.
6)Provides for an additional county penalty assessment of $7 for
every $10, or fraction thereof, upon every fine, penalty, or
forfeiture imposed and collected by the courts for criminal
offenses, including all offenses involving a violation of the
Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code, except for parking offenses. The money
collected shall be placed in any of the following funds if
established by a county board of supervisors: Courthouse
Construction Fund, Criminal Justice Facilities Construction
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Fund, Automated Fingerprint Identification Fund, Emergency
Medical Services (EMS) Fund; and/or DNA Identification Fund.
(Government Code Section 76000 et seq.)
7)Requires a state surcharge of 20% on every upon every fine,
penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including all offenses, except
specified parking offenses, involving a violation of a section
of the Vehicle Code or any local ordinance adopted pursuant to
the Vehicle Code. (Penal Code Section 1465.7.)
8)Requires the assessment of $5 for every $10 or fraction
thereof, upon every fine, penalty or forfeiture collected by
the courts for criminal offenses, including all offenses,
except specified parking offenses, involving a violation of a
section of the Vehicle Code or any local ordinance adopted
pursuant to the Vehicle Code. Additionally, an assessment of
$4.50 shall be assessed upon every fine, penalty or forfeiture
collected by the courts for criminal offenses, including all
offenses, except specified parking offenses, involving a
violation of a section of the Vehicle Code or any local
ordinance adopted pursuant to the Vehicle Code. These funds
are to be used for court construction. (Government Code
Section 70372.)
9)Requires a fee of $40 on every conviction for a criminal
offense, including all offenses, except specified parking
offenses, involving a violation of a section of the Vehicle
Code or any local ordinance adopted pursuant to the Vehicle
Code, to ensure adequate funding for court security. (Penal
Code Section 1465.8.)
10)Requires a fee of $49 be assessed in addition to any other
fines or assessments for any individual attending traffic
violator school as a result a violations of specified sections
of the vehicle code. �Vehicle Code Section 42007.1(a).]
11)Allows the superior court in each county to establish a fee
up to $10 for clerical and administrative costs incurred for
recording and retaining records of the defendant's violations
of the vehicle code, or violations resulting in the
restriction of defendant's driver's license or automobile
registration, as specified. (Vehicle Code Section 40508.6.)
12)Requires the assessment of $4 upon every fine, penalty or
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forfeiture collected by the courts for criminal offenses,
including all offenses, except specified parking offenses,
involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code. These
funds are to be used to augment emergency medical air
transportation reimbursement payments, as specified.
(Government Code Section 76000.10.)
13)Requires the assessment of $1 for every $10 or fraction
thereof, upon every fine, penalty or forfeiture collected by
the courts for criminal offenses, including all offenses,
except specified parking offenses, involving a violation of a
section of the Vehicle Code or any local ordinance adopted
pursuant to the Vehicle Code. These funds are to be used for
the purpose of implementing the DNA Fingerprint, Unsolved
Crime and Innocence Protection Act, as created by Proposition
69 (1994). (Government Code Section 76104.6.)
14)Allows the board of supervisors of counties to assess a fine
of $2 for every $10 or fraction thereof, upon every fine,
penalty or forfeiture collected by the courts for criminal
offenses, including all offenses, except specified parking
offenses, involving a violation of a section of the Vehicle
Code or any local ordinance adopted pursuant to the Vehicle
Code. (Government Code Section 76000.5.)
15)Requires Judicial Council to establish a task force to
evaluate criminal and traffic-related, court-ordered debts
imposed against adult and juvenile offenders. This task force
must identify all court-ordered fees, fines, forfeitures,
penalties, and assessments imposed under the law, and identify
the distribution of these fees, fines, forfeitures, penalties,
and assessments. The task force shall consult with state and
local entities to evaluate and make recommendations to the
Judicial Council and the Legislature. These recommendations
must be made by June 30, 2011. (Penal Code Section 1463.02.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Motor vehicle
accidents are the leading cause of 40% of these injuries and
by investing in advanced research, we can move closer to a
cure for the more than 600,000 Californians living with
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paralysis. It makes sense to levy this small fine on
violators. These research funds could lead to pioneering
breakthroughs in biotechnology that not only help patients but
our state-wide biotech economy too. Proven research funded
through the Act has resulted in remedies that in the
foreseeable future will allow hundreds of thousands of
Californians in wheelchairs to walk again."
2)Background : According to background provided by the author,
"California is home to approximately 650,000 people living
with paralysis. On the national scale, someone suffers a
traumatic spinal cord injury (SCI) every 41 minutes, adding
anywhere from 12,000 to 20,000 new SCI patients annually.
Given this increasing number of paralyzed people and the
associated rise in health care costs and lost income
potential, the total cost to the State of California reaches
upward of $1.5 billion per year.
"However, all is not loss. Promising research-driven therapies
currently underway could greatly improve the quality of life
and functionality of SCI individuals. To help fund this
research, the Roman Reed Spinal Cord Injury Research Act was
created. Originally signed in 2000 and renewed in 2005, the
fund had provided nearly $1.5 million per year for spinal cord
injury research over the past decade. These funds were
allocated to the University of California (UC), and the UC
Office of the President allocates the Reeve-Irvine Research
Center at the UC, Irvine to administer the funds.
"Between 2000 and 2009, over 300 Californians have participated
in 120 Roman Reed Research projects. During that time, 64
graduate students have been supported as Roman Reed Fellows.
In addition to the success of the research, the nine-year
total of $13,880,100 in state funding has been leveraged into
$59,969,394 in new funds brought into the state through
federal and other grant sources, with an additional $7,351,391
pending. The Act has also been an economic driver. In the
first three years of the programs existence, it was able to
leverage $3.7 million into $18 million and create 24 new jobs.
"Unfortunately, the current fiscal condition of the state has
all but eliminated the original General Fund support of the
program. To continue receiving matching funds and provide
extensive research, a new - and justified - funding source is
necessary. Since 2005, motor vehicle crashes have accounted
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for nearly 46% of all reported SCI cases. That number is
even higher at 56% for children. The most troubling fact of
these high numbers are that they preventable. Use of a
seatbelt could reduce SCI cases by 60%, and just driving
carefully and patiently could reduce them to a minimum.
"We should no longer accept this connection between motor
vehicle accidents and SCI; we should eliminate it. And if
reckless drivers cannot adjust their behavior, they should at
least be accountable for the potential outcome. Numerous
states, such as New York, Missouri and New Jersey, dedicate a
portion of revenue from moving traffic violation fines for
spinal cord injury research. With both fiscal and human
benefits, California should do the same.
"AB 190 would add a $3 penalty to every moving traffic
violation, generating approximately $11.4 million. This
revenue would be deposited into the Roman Reed Spinal Cord
Injury Research Fund."
3)Fines : With state and local budget constraints in recent
years, penalty assessments have become a way for California
and its counties to raise needed funds. Currently, penalty
assessments are 270% of the base fine, with a flat $103 added
to each fine.
Calculation of penalty assessments on a base fine of $500:
Base Fine: $ 500
Penal Code 1464 Assessment: $ 500($10 for
every $10 in fines)
Penal Code 1465.7 Assessment: 100(20%
surcharge)
Penal Code 1465.8 Assessment: 40($40 fee
per fine)
Government Code 70372 Assessment: 250($5 for
every $10 in fines)
Government Code 76000 Assessment: 350($7 for
every $10 in fines)
Government Code 76000.10 Assessment: 4($4 fee per
fine)
Government Code 76000.5 Assessment: 100 ($2 for
every $10 in fines)
Government Code 76104.6 Assessment: 50($1 for
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every $10 in fines)
Vehicle Code 42007.1(a) Assessment: 49($49 fee
per fine)
Vehicle Code 40508.6 Assessment: 10($10 fee
per fine)
Total Fine with Assessment: $1,953
4)Judicial Council Evaluating Penalty Assessments : Judicial
Council was authorized to convene a task force to identify and
evaluate all fees, fines, forfeitures, penalties, and
assessments currently in place. The funding for this task
force was authorized in a budget trailer bill, SB 857
(Committee on Budget and Fiscal Review), Statutes of 2010,
Chapter 720. This task force is currently in process, and is
expected to present recommendations to Judicial Council and
the Legislature by June 30, 2011.
5)Argument in Support : According to the University of
California , "The Roman Reed Spinal Cord Injury Research Act
has been of enormous importance in term of advancing research
on spinal cord injury and bringing new funding to the state
from the National Institutes of Health (NIH) and other
entities. Over its 10-year history, the Roman Reed Spinal
Cord Injury Research Program had provided a total of $14.6
million (approximately $1.5 million per year) in state-funded
grants for spinal cord injury research. These funds have been
leverages into nearly $64 million in new funds for spinal cord
injury research being brought into the state through federal
and other grant sources. Many of these projects were
successful because they were able to use the resources of the
UC Irvine Roman Reed Core Lab, which is also funded through
the program."
6)Argument in Opposition : According to the National Association
of Driving Safety Educators , "In recent years, the Legislature
has imposed a blizzard of new and increased fees on traffic
violators. These fees, which taken together can impose a
total cost to violators of several time the amount of the base
fine, have been imposed for a variety of purposes. Each
surcharge, viewed individually, can be for a very sound
purpose; the surcharge which was increased last year for court
funding, for example, is helping to keep courts open. Taken
together, the surcharges are increasingly impossible for
drivers to pay. Unfortunately, they are regressive and have
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the most impact on those least able to afford them."
REGISTERED SUPPORT / OPPOSITION :
Support
California Chiropractic Association
California Healthcare Institute
Center for iPS Cell Research and Application
Christopher & Dana Reeve Foundation
Missouri Coalition for Lifesaving Cures
Student Society for Stem Cell Research
Texans for Stem Cell Research
Unite 2 Fights Paralysis
University of California
64 private individuals
Opposition
Automobile Club of Southern California
California Public Defenders Association
Crusade for Life, Inc.
National Association of Driving Safety Educators
Scholl Institute of Bioethics
Traffic Safety Consultants, Inc.
Three private individuals
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3749