Proceedings In Misdemeanor And Infraction Cases And Appeals From Such Cases — California Penal Code — Proceedings In Misdemeanor And Infraction Cases — Assessment to assist in funding court operations

15 Sep 2016

Current through the 2016 Legislative Session

(a)
(1) To assist in funding court operations, an assessment of forty dollars ($40) shall be imposed on every conviction for a criminal offense, including a traffic offense, 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) For the purposes of this section, "conviction" includes the dismissal of a traffic violation on the condition that the defendant attend a court-ordered traffic violator school, as authorized by Sections 41501 and 42005 of the Vehicle Code. This court operations assessment shall be deposited in accordance with subdivision (d), and may not be included with the fee calculated and distributed pursuant to Section 42007 of the Vehicle Code.
(b) This assessment shall be in addition to the state penalty assessed pursuant to Section 1464 and may not be included in the base fine to calculate the state penalty assessment as specified in subdivision (a) of Section 1464. The penalties authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the state surcharge authorized by Section 1465.7, do not apply to this assessment.
(c) When bail is deposited for an offense to which this section applies, and for which a court appearance is not necessary, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed by this section.
(d) Notwithstanding any other law, the assessments collected pursuant to subdivision (a) shall all be deposited in a special account in the county treasury and transmitted therefrom monthly to the Controller for deposit in the Trial Court Trust Fund. The assessments collected pursuant to this section shall not be subject to subdivision (e) of Section 1203.1d, but shall be disbursed under subdivision (b) of Section 1203.1d.
(e) The Judicial Council shall provide for the administration of this section.
Ca. Pen. Code § 1465.8
Amended by Stats 2012 ch 41 (SB 1021),s 67, eff. 6/27/2012.
Amended by Stats 2011 ch 40 (AB 118),s 6, eff. 6/30/2011.
Amended by Stats 2011 ch 10 (SB 78),s 8, eff. 3/24/2011.
Amended by Stats 2011 ch 10 (SB 78),s 10, eff. 3/24/2011.
Amended by Stats 2010 ch 720 (SB 857),s 34, eff. 10/19/2010.
Amended by Stats 2010 ch 720 (SB 857),s 33, eff. 10/19/2010.
Amended by Stats 2009 ch 342 (SB 75),s 5, eff. 1/1/2010.
Amended by Stats 2009 ch 22 (SB X4-13),s 29, eff. 7/28/2009.
Amended by Stats 2007 ch 302 (SB 425),s 18, eff. 1/1/2008.
Amended by Stats 2003 ch 159 (AB 1759), eff. 8/2/2003.