BILL NUMBER: AB 1323 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY APRIL 6, 2011
AMENDED IN ASSEMBLY MARCH 24, 2011
INTRODUCED BY Assembly Member Gatto
(Coauthor: Assembly Member Olsen)
FEBRUARY 18, 2011
An act to amend Section 186.8 of the Penal Code, and to
amend Section 9250.14 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1323, as amended, Gatto. Vehicles: vehicle theft crimes:
investigative costs.
Existing law authorizes, until January 1, 2018, a county board of
supervisors to adopt by resolution, in addition to the other fees
imposed for the registration of a vehicle, with certain exceptions,
an additional fee of $1, and an additional service fee of $2, on all
commercial motor vehicles, and continuously appropriates the money to
fund local programs relating to vehicle theft crimes and,
additionally, in counties with a population of 250,000 or less
, the prosecution of crimes involving driving while under the
influence of alcohol or drugs, or both, or vehicular manslaughter or
gross vehicular manslaughter, or any combination of those crimes.
This bill would authorize the court to impose on a person
convicted of a felony or misdemeanor of any vehicle theft crime
investigated pursuant to these provisions an additional penalty in an
amount equal to all reasonable costs incurred by the investigating
agency or agencies.
Existing law, the California Control of Profits of Organized Crime
Act, provides that when a person is alleged to have been engaged in
a pattern of criminal profiteering activity, upon conviction of the
underlying offense, the property interests acquired through, and all
proceeds of, a pattern of criminal profiteering activity are subject
to forfeiture upon proof beyond a reasonable doubt that the defendant
was engaged in that activity and that the property alleged in the
petition comes within that description. Existing law specifies the
distribution of that property to certain individuals, to specified
governmental entities for expenditures made or incurred in connection
with the sale of the property, and then to the general fund of the
state or local governmental entity that prosecuted the case.
This bill would revise the latter provision to require, in a
county that has adopted the resolution described above, in any case
involving grand theft of an automobile, as specified, or the theft of
a vehicle, as specified, which is prosecuted solely by a local
entity and in which all expenditures made or incurred in connection
with the sale of the property are made or incurred solely by a local
entity, that, in lieu of the distribution to the local government
general fund, the proceeds shall be deposited with the Controller for
appropriation to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 186.8 of the Penal
Code is amended to read:
186.8. Notwithstanding that no response or claim has been filed
pursuant to Section 186.5, in all cases where property is forfeited
pursuant to this chapter and, if necessary, sold by the Department of
General Services or local governmental entity, the money forfeited
or the proceeds of sale shall be distributed by the state or local
governmental entity as follows:
(a) To the bona fide or innocent purchaser, conditional sales
vendor, or holder of a valid lien, mortgage, or security interest, if
any, up to the amount of his or her interest in the property or
proceeds, when the court declaring the forfeiture orders a
distribution to that person. The court shall endeavor to discover all
those lienholders and protect their interests and may, at its
discretion, order the proceeds placed in escrow for up to an
additional 60 days to ensure that all valid claims are received and
processed.
(b) To the Department of General Services or local governmental
entity for all expenditures made or incurred by it in connection with
the sale of the property, including expenditures for any necessary
repairs, storage, or transportation of any property seized under this
chapter.
(c) To the general fund of the state or local governmental entity,
whichever prosecutes.
(d) In any case involving a violation of subdivision (b) of
Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution
of the proceeds provided for by subdivisions (b) and (c), the
proceeds shall be deposited in the county children's trust fund,
established pursuant to Section 18966 of the Welfare and Institutions
Code, of the county that filed the petition of forfeiture. If the
county does not have a children's trust fund, the funds shall be
deposited in the State Children's Trust Fund, established pursuant to
Section 18969 of the Welfare and Institutions Code.
(e) In any case involving crimes against the state beverage
container recycling program, in lieu of the distribution of proceeds
provided in subdivision (c), the proceeds shall be deposited in the
penalty account established pursuant to subdivision (d) of Section
14580 of the Public Resources Code, except that a portion of the
proceeds equivalent to the cost of prosecution in the case shall be
distributed to the local prosecuting entity that filed the petition
of forfeiture.
(f) In any case involving human trafficking of minors for purposes
of prostitution or lewd conduct, or in any case involving a
violation of Section 266a in which the victim is a minor, in lieu of
the distribution provided for in subdivision (c), the proceeds shall
be deposited in the Victim-Witness Assistance Fund to be available
for appropriation to fund child sexual exploitation and child sexual
abuse victim counseling centers and prevention programs under Section
13837. Fifty percent of the funds deposited in the Victim-Witness
Assistance Fund pursuant to this subdivision shall be granted to
community-based organizations that serve minor victims of human
trafficking.
(g) (1) In any case that meets all of the following criteria, in
lieu of the distribution provided for in subdivisions (b) and (c),
the proceeds shall be appropriated pursuant to Section 9250.14 of the
Vehicle Code to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes:
(A) The case arises in a county that has adopted the resolution
described in subdivision (a) of Section 9250.14 of the Vehicle Code.
(B) The case involves grand theft of an automobile, as described
in paragraph (1) of subdivision (d) of Section 487 or the theft of a
vehicle, as described in Section 10851 of the Vehicle Code.
(C) The case is prosecuted solely by a local entity, the sale of
the property is made by the local entity, and all expenditures made
or incurred in connection with the sale of the property, including
expenditures for any necessary repairs, storage, or transportation of
any property seized under this chapter, are made or incurred solely
by a local entity.
(2) The proceeds described in paragraph (1) that are to be
appropriated pursuant to Section 9250.14 of the Vehicle Code may not
be expended for any purpose other the purposes described in paragraph
(1) and may not be expended to offset a reduction in any other
source of funds.
(3) The proceeds described in paragraph (1) shall be appropriated
to the county where the local entity is located.
SEC. 2. Section 9250.14 of the Vehicle
Code is amended to read:
9250.14. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.
(2) In addition to the one dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
(3) In any county that has adopted the resolution pursuant to this
subdivision the proceeds collected pursuant to subdivision (g) of
Section 186.8 of the Penal Code shall be deposited with the
Controller for disbursement to the county pursuant to Section 186.8
of the Penal Code.
(b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller is continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
(c) Except as otherwise provided in this subdivision, money
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less, the
money shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or
any combination of those crimes.
(d) Money collected pursuant to this section shall not be expended
to offset a reduction in any other source of funds, nor for any
purpose not authorized under this section.
(e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter,
investigate, or prosecute crimes pursuant to subdivision (c) shall be
returned to the Controller, for deposit in the Motor Vehicle Account
in the State Transportation Fund. Those funds received by a county
shall be expended in accordance with this section.
(f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the
designated statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.
(g) A county that imposes a fee under subdivision (a) shall issue
a fiscal year-end report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal year,
including, at a minimum, all of the following:
(1) The total revenues received by the county under subdivision
(b) for the immediately preceding fiscal year.
(2) The total expenditures by the county under subdivision (c) for
the immediately preceding fiscal year.
(3) Details of expenditures made by the county under subdivision
(c), including salaries and expenses, purchase of equipment and
supplies, and any other expenditures made listed by type with an
explanatory comment.
(4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.
(5) The total number of stolen vehicles recovered and the value of
those vehicles during the immediately preceding fiscal year.
(6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.
(7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
(h) Each county that fails to submit the report required pursuant
to subdivision (g) by November 30 of each year shall have the fee
suspended by the Controller for one year, commencing on July 1
following the Controller's determination that a county has failed to
submit the report.
(i) (1) On or before January 1, 2006, and on or before January 1
annually thereafter, the Controller shall provide to the Department
of the California Highway Patrol copies of the yearend reports
submitted by the counties under subdivision (g), and, in consultation
with the Department of the California Highway Patrol, shall review
the fiscal yearend reports submitted by each county pursuant to
subdivision (g) to determine if fee revenues are being utilized in a
manner consistent with this section. If the Controller determines
that the use of the fee revenues is not consistent with this section,
the Controller shall consult with the participating counties'
designated regional coordinators. If the Controller determines that
the fee revenues are still not consistent with this section, the
authority to collect the fee by that county shall be suspended for
one year.
(2) If the Controller determines that a county has not submitted a
fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).
(3) When the Controller determines that a fee shall be suspended
for a county, the Controller shall inform the Department of Motor
Vehicles on or before January 1, 2006, and on or before January 1
annually thereafter, that the authority to collect a fee for that
county is suspended.
(j) On or before January 1, 2006, and on or before January 1
annually thereafter, the Controller shall prepare and submit to the
Legislature a revenue and expenditure summary for each participating
county that includes all of the following:
(1) The total revenues received by each county.
(2) The total expenditures by each county.
(3) The unexpended revenues for each county.
(k) The Department of the California Highway Patrol, in
consultation with all participating county designated regional
coordinators, shall review the effectiveness of reducing vehicle
theft crimes that were funded by the fees imposed by this section.
The Department of the California Highway Patrol shall provide a
report based on that review and, on or before January 1, 2009, shall
submit that report to the Legislature.
( l ) For the purposes of this section, a county
designated regional coordinator is that agency designated by the
participating county's board of supervisors as the agency in control
of its countywide vehicle theft apprehension program.
(m) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2018, deletes or extends
that date.
SECTION 1. Section 9250.14 of the Vehicle Code
is amended to read:
9250.14. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.
(2) In addition to the one dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
(b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller is continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
(c) Except as otherwise provided in this subdivision, money
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less, the
money shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or
any combination of those crimes.
(d) Money collected pursuant to this section shall not be expended
to offset a reduction in any other source of funds, nor for any
purpose not authorized under this section.
(e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter,
investigate, or prosecute crimes pursuant to subdivision (c) shall be
returned to the Controller, for deposit in the Motor Vehicle Account
in the State Transportation Fund. Those funds received by a county
shall be expended in accordance with this section.
(f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the
designated statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.
(g) A county that imposes a fee under subdivision (a) shall issue
a fiscal year-end report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal year,
including, at a minimum, all of the following:
(1) The total revenues received by the county under subdivision
(b) for the immediately preceding fiscal year.
(2) The total expenditures by the county under subdivision (c) for
the immediately preceding fiscal year.
(3) Details of expenditures made by the county under subdivision
(c), including salaries and expenses, purchase of equipment and
supplies, and any other expenditures made listed by type with an
explanatory comment.
(4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.
(5) The total number of stolen vehicles recovered and the value of
those vehicles during the immediately preceding fiscal year.
(6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.
(7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
(h) Each county that fails to submit the report required pursuant
to subdivision (g) by November 30 of each year shall have the fee
suspended by the Controller for one year, commencing on July 1
following the Controller's determination that a county has failed to
submit the report.
(i) (1) On or before January 1 annually, the Controller shall
provide to the Department of the California Highway Patrol copies of
the yearend reports submitted by the counties under subdivision (g),
and, in consultation with the Department of the California Highway
Patrol, shall review the fiscal yearend reports submitted by each
county pursuant to subdivision (g) to determine if fee revenues are
being utilized in a manner consistent with this section. If the
Controller determines that the use of the fee revenues is not
consistent with this section, the Controller shall consult with the
participating counties' designated regional coordinators. If the
Controller determines that the fee revenues are still not consistent
with this section, the authority to collect the fee by that county
shall be suspended for one year.
(2) If the Controller determines that a county has not submitted a
fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).
(3) When the Controller determines that a fee shall be suspended
for a county, the Controller shall inform the Department of Motor
Vehicles on or before January 1 annually, that the authority to
collect a fee for that county is suspended.
(j) On or before January 1 annually, the Controller shall prepare
and submit to the Legislature a revenue and expenditure summary for
each participating county that includes all of the following:
(1) The total revenues received by each county.
(2) The total expenditures by each county.
(3) The unexpended revenues for each county.
(k) The Department of the California Highway Patrol, in
consultation with all participating county designated regional
coordinators, shall review the effectiveness of reducing vehicle
theft crimes that were funded by the fees imposed by this section.
The Department of the California Highway Patrol shall provide a
report based on that review and, on or before January 1, 2009, shall
submit that report to the Legislature.
(l) For the purposes of this section, a county designated regional
coordinator is that agency designated by the participating county's
board of supervisors as the agency in control of its countywide
vehicle theft apprehension program.
(m) An additional penalty in an amount equal to all reasonable
costs incurred by an investigating agency or agencies may be imposed
by the court on any person convicted of a felony or misdemeanor for
any vehicle theft crime investigated pursuant to subdivision (c) as
authorized by this section.
(n) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2018, deletes or extends
that date.