Bill Text: CA SB1437 | 2011-2012 | Regular Session | Introduced
Bill Title: County penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-22 - Referred to Com. on RLS. [SB1437 Detail]
Download: California-2011-SB1437-Introduced.html
BILL NUMBER: SB 1437 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Gaines
FEBRUARY 24, 2012
An act to amend Section 76000 of the Government Code, relating to
county penalties.
LEGISLATIVE COUNSEL'S DIGEST
SB 1437, as introduced, Gaines. County penalties.
Existing law levies an additional penalty in the amount of $7 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 involving a violation of the Vehicle Code or
any local ordinance adopted pursuant to the Vehicle Code.
This bill would delete an obsolete cross-reference and make other
technical, nonsubstantive changes.
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 76000 of the Government Code is amended to
read:
76000. (a) (1) Except as otherwise provided elsewhere
in this section, in each county there shall be levied an
additional penalty in the amount of seven dollars ($7) 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 involving a violation of
the Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code.
(2) This additional penalty shall be collected together with
, and in the same manner as , the amounts
established by Section 1464 of the Penal Code. These moneys shall be
taken from fines and forfeitures deposited with the county treasurer
prior to any division pursuant to Section 1463 of the Penal Code. The
county treasurer shall deposit those amounts specified by the board
of supervisors by resolution in one or more of the funds established
pursuant to this chapter. However, deposits to these funds shall
continue through whatever period of time is necessary to repay any
borrowings made by the county on or before January 1, 1991, to pay
for construction provided for in this chapter.
(3) This additional penalty does not apply to the following:
(A) Any restitution fine.
(B) Any penalty authorized by Section 1464 of the Penal Code or
this chapter.
(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 of the Penal
Code.
(b) In each authorized county, provided that
if the board of supervisors has adopted a resolution
stating that the implementation of this subdivision is necessary to
the county for the purposes authorized, with respect to each
authorized fund established pursuant to Section 76100 or 76101, for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added penalty of two dollars and fifty cents ($2.50)
shall be included in the total penalty, fine, or forfeiture. Except
as provided in subdivision (c), for each parking case collected in
the courts of the county, the county treasurer shall place in each
authorized fund two dollars and fifty cents ($2.50). These moneys
shall be taken from fines and forfeitures deposited with the county
treasurer prior to any division pursuant to Section 1462.3
or 1463.009 of the Penal Code. The judges of the county
shall increase the bail schedule amounts as appropriate to reflect
the added penalty provided for by this section. In those cities,
districts, or other issuing agencies which
that elect to accept parking penalties, and otherwise process
parking violations pursuant to Article 3 (commencing with Section
40200) of Chapter 1 of Division 17 of the Vehicle Code, that city,
district, or issuing agency shall observe the increased bail amounts
as established by the court reflecting the added penalty provided for
by this section. Each agency which that
elects to process parking violations shall pay to the county
treasurer two dollars and fifty cents ($2.50) for each fund for each
parking penalty collected on each violation which is not filed in
court. Those payments to the county treasurer shall be made monthly,
and the county treasurer shall deposit all those sums in the
authorized fund. No issuing agency shall be required to contribute
revenues to any fund in excess of those revenues generated from the
surcharges established in the resolution adopted pursuant to this
chapter, except as otherwise agreed upon by the local governmental
entities involved.
(c) The county treasurer shall deposit one dollar ($1) of every
two dollars and fifty cents ($2.50) collected pursuant to subdivision
(b) into the general fund of the county.
(d) The authority to impose the two-dollar-and-fifty-cent ($2.50)
penalty authorized by subdivision (b) shall be reduced to one dollar
($1) as of the date of transfer of responsibility for facilities from
the county to the Judicial Council pursuant to Article 3 (commencing
with Section 70321) of Chapter 5.1, except as money is needed to pay
for construction provided for in Section 76100 and undertaken prior
to the transfer of responsibility for facilities from the county to
the Judicial Council.
(e) The seven-dollar ($7) additional penalty authorized by
subdivision (a) shall be reduced in each county by the additional
penalty amount assessed by the county for the local courthouse
construction fund established by Section 76100 as of January 1, 1998,
when the money in that fund is transferred to the state under
Section 70402. The amount each county shall charge as an additional
penalty under this section shall be as follows:
+----------+-----+-----------+-----+-----------+-----+
|Alameda |$5.00|Marin |$5.00|San Luis |$5.00|
| | | | |Obispo | |
+----------+-----+-----------+-----+-----------+-----+
|Alpine |$5.00|Mariposa |$2.50|San Mateo |$4.75|
+----------+-----+-----------+-----+-----------+-----+
| | | | |Santa | |
|Amador |$5.00|Mendocino |$7.00|Barbara |$3.50|
+----------+-----+-----------+-----+-----------+-----+
|Butte |$7.00|Merced |$4.75|Santa Clara|$5.50|
+----------+-----+-----------+-----+-----------+-----+
|Calaveras |$3.00|Modoc |$3.50|Santa Cruz |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Colusa |$6.00|Mono |$4.00|Shasta |$3.50|
+----------+-----+-----------+-----+-----------+-----+
|Contra | | | | | |
|Costa |$5.00|Monterey |$5.00|Sierra |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Del | |Napa |$3.00|Siskiyou |$5.00|
|Norte |$7.00| | | | |
+----------+-----+-----------+-----+-----------+-----+
|El Dorado |$5.00|Nevada |$4.75|Solano |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Fresno |$7.00|Orange |$5.29|Sonoma |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Glenn |$4.00|Placer |$4.75|Stanislaus |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Humboldt |$5.00|Plumas |$7.00|Sutter |$6.00|
+----------+-----+-----------+-----+-----------+-----+
|Imperial |$6.00|Riverside |$4.60|Tehama |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Inyo |$4.00|Sacramento |$5.00|Trinity |$4.50|
+----------+-----+-----------+-----+-----------+-----+
| | |San | | | |
|Kern |$7.00|Benito |$5.00|Tulare |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Kings |$7.00|San |$5.00|Tuolumne | |
| | |Bernardino | | |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Lake |$7.00|San Diego |$7.00|Ventura |$5.00|
+----------+-----+-----------+-----+-----------+-----+
| | |San | | | |
|Lassen |$2.00|Francisco |$6.99|Yolo |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Los | | | | | |
|Angeles |$5.00|San Joaquin|$3.75|Yuba |$3.00|
+----------+-----+-----------+-----+-----------+-----+
|Madera |$7.00| | | | |
+----------+-----+-----------+-----+-----------+-----+
