BILL ANALYSIS �
AB 1657
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ASSEMBLY THIRD READING
AB 1657 (Wieckowski)
As Amended March 22, 2012
Majority vote
PUBLIC SAFETY 4-2 HEALTH 10-6
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|Ayes:|Ammiano, Cedillo, |Ayes:|Monning, Ammiano, Eng, |
| |Mitchell, Skinner | |Gordon, Hayashi, Roger |
| | | |Hern�ndez, Mitchell, Pan, |
| | | |V. Manuel P�rez, Williams |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Logue, Bonilla, Garrick, |
| | | |Mansoor, Nestande, Silva |
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APPROPRIATIONS 12-5
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Ammiano, Hill, | | |
| |Lara, Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
| | | | |
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SUMMARY : Adds an additional penalty assessment of $1 to every
fine, penalty or forfeiture deposit imposed by any court on
violations of specified Vehicle Code sections or local ordinance
adopted pursuant to the Vehicle Code. Specifically, this bill :
1)Requires these assessments be deposited with the county
treasurer and distributed each month to the spinal cord injury
research fund created within the University of California.
2)Allows the University of California to establish the Roman
Reed Spinal Cord Injury Research Penalty Account.
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3)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)Authorizes the University of California to establish a spinal
cord injury research fund independent of the State Treasury,
to accept public and private funds for the purpose of
implementing this chapter.
2)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.
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;
iii) Specified parking offenses; and,
iv) A specified state surcharge.
3)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.
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4)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.
5)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.
6)States that the moneys so deposited in the State Penalty Fund
shall be distributed as follows:
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.
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
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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 Penal Code 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
Fund, Automated Fingerprint Identification Fund, Emergency
Medical Services (EMS) Fund; and/or DNA Identification Fund.
7)Requires a state surcharge of 20% 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.
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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.
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.
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.
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.
12)Requires the assessment of $4 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 to augment emergency medical air
transportation reimbursement payments, as specified.
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
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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).
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.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Potential increased revenue in the range of $14 million.
Extrapolating from about seven million court abstracts with
convictions for typically multiple Vehicle Code violations,
which average about two per abstract, in 2009, a $1 penalty
assessment on each traffic fine would result in increased
revenue of about $14 million, assuming no diminishing returns
as a result of changes in judicial behavior, collections, or
ability to pay.
2)Proliferation of assessments and charges has driven fines
steadily upward . For example, a $500 traffic fine with
current assessments is now $1,829, shocking defendants who
think $500 means $500. A $100 fine is $479.
3)Increasing assessments may result in diminishing returns .
Judges have the discretion to reduce the base fine, which then
reduces revenue to state and local governments, as well as to
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assessments. As current penalty assessments quadruple the
base fine, increasing fines and assessments may have the
unintended consequence of reduced fine collections. In
addition, indigent defendants facing large fees may simply be
unable to pay, and as a result lose their license and car
insurance.
As noted by the California Research Bureau (CRB) in its 2006
review of penalty assessments, "High penalty assessments may
result in higher rates of default by the guilty parties. Some
offenders may spend time in jail, or plea for community
service, rather than pay the fine and penalty assessment. The
end result may be that a substantial amount of fines, fees and
revenue is not collected."
4)One-time state trial court costs in the range of $200,000 for
programming costs.
COMMENTS : According to the author, " Motor vehicle accidents
are the leading cause of spinal cord injuries and by restoring
funding to the Roman Reed Spinal Cord Injury Research fund,
administered by the Reeve-Irvine Research Center at the
University of California, Irvine, California can move closer to
a cure for the roughly 650,000 people in our state living with
paralysis.
"A small investment of state penalty funds, augmented by federal
research dollars, will build on the advances already experienced
by the Roman Reed SCI Research fund. Not only will these funds,
enhance the academic reputation of our research institutions,
they will also aid our biotech industry and, most importantly,
give hope to all Californians with paralysis that a cure will
come."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0003812
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