Bill Text: CA AB1860 | 2015-2016 | Regular Session | Amended
Bill Title: Local law enforcement: body-worn cameras: grant program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1860 Detail]
Download: California-2015-AB1860-Amended.html
BILL NUMBER: AB 1860 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Alejo
FEBRUARY 10, 2016
An act to amend Section 566 of the Penal Code, relating
to branded containers. 1464 of, and to add Title 14
(commencing with Section 14400) to Part 4 of, the Penal Code,
relating to peace officers, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1860, as amended, Alejo. Branded containers: brand
registration: destruction. Local law enforcement:
body-worn cameras: grant program.
Existing law generally requires local agencies to provide each
newly hired police officer and deputy sheriff with a pistol and other
specified equipment.
This bill would require the Board of State and Community
Corrections to develop a grant program to make funds available to
local law enforcement entities to purchase body-worn cameras and
related data storage and equipment, and to hire personnel necessary
to operate a local body-worn camera program. The bill would create
the Body-worn Camera Fund, that would continuously appropriate funds
to the board for those purposes.
Existing law creates the State Penalty Fund into which moneys
collected by the courts from the imposition of fines, forfeitures, or
penalties on criminal offenses are deposited. Once a month, certain
percentages of money in that fund are transferred into other funds,
including, among others, the Driver Training Penalty Assessment Fund.
This bill would delete the transfer requirement for the Driver
Training Penalty Assessment Fund and instead require a transfer to
the Body-worn Camera Fund.
By transferring general fund moneys into a continuously
appropriated fund, this bill would make an appropriation.
Existing law makes it a felony for an unauthorized person, as
defined, to possess, or use, or to obliterate or destroy the brand
registration upon, containers, including milk cases, cabinets, or
other dairy equipment, which have a value in excess of $950.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
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) (1) Subject to Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code, and except as otherwise
provided in this section, there shall be levied a state penalty in
the amount of ten dollars ($10) for every ten dollars ($10), or part
of ten dollars ($10), upon every fine, penalty, or forfeiture imposed
and collected by the courts for all 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.
(2) Any bail schedule adopted pursuant to Section 1269b or bail
schedule adopted by the Judicial Council pursuant to Section 40310 of
the Vehicle Code may include the necessary amount to pay the
penalties established by this section and Chapter 12 (commencing with
Section 76000) of Title 8 of the Government Code, and the surcharge
authorized by Section 1465.7, for all matters where a personal
appearance is not mandatory and the bail is posted primarily to
guarantee payment of the fine.
(3) The penalty imposed by this section does not apply to the
following:
(A) Any restitution fine.
(B) Any penalty authorized by Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code.
(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7.
(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.
Wildlife.
(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 Body-worn Camera
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. Title 14 (commencing with Section 14400)
is added to Part 4 of the Penal Code , to read:
TITLE 14. Body-Worn Camera Grant Program for Local Law
Enforcement
14400. The Board of State and Community Corrections shall develop
a grant program for the purpose of making funds available to local
law enforcement entities to purchase body-worn cameras and related
data storage and equipment, and to hire personnel necessary to
operate a local body-worn camera program.
14402. The Body-worn Camera Fund is hereby created.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund are continuously appropriated to the Board of State and
Community Corrections for the purposes of Section 14400.
14404. If federal funds become available for the purpose of
purchasing body-worn cameras and related equipment for local law
enforcement, the Board of State and Community Corrections shall
adjust the grant program to maximize state and local competitiveness
in obtaining federal funds, and the board shall either apply for
federal funds on behalf of a local law enforcement agency, or
reimburse a local law enforcement agency that has expended funds for
federal funds purposes.
SECTION 1. Section 566 of the Penal Code is
amended to read:
566. It is a felony, punishable by a fine not exceeding one
thousand five hundred dollars ($1,500), or by imprisonment pursuant
to subdivision (h) of Section 1170, or both, for an unauthorized
person to possess or use, or to obliterate or destroy the brand
registration upon, containers, including milk cases, cabinets, or
other dairy equipment, which have a value in excess of nine hundred
fifty dollars ($950), when the containers, cabinets, or other dairy
equipment are marked with a brand that is registered pursuant to
Chapter 10 (commencing with Section 34501) of Part 1 of Division 15
of the Food and Agricultural Code. For purposes of this section,
"unauthorized person" has the same meaning as defined in Section
34564 of the Food and Agricultural Code.
