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fines chart Page

Chart Disclaimer: The chart covers only selected codes in the Government Code, Penal Code, Health & Safety Code, and Vehicle Code -- in that order. This is not an exhaustive list of fines and fees that can be imposed for criminal convictions. Further, there may be some exceptions or updates to a listed fine that are not included. The chart is intended to get you started in your investigation; it is not intended to be a substitute for reading the applicable code section(s) and/or Shepardizing for recent code or case law that may apply.

Print Instructions: To print a text-only chart, click the PRINT PAGE link next to the small print icon located at the top right-hand corner of this web page.


Chart Last Updated: 01/01/2014

Authorizing Statute Applies to Amount Ability to Pay Dispositive? Fine Mandatory? Effective Date

Gov. Code, §29550 [23]

"Criminal Justice Admin. fee": Any person arrested by a county, if the person is convicted of a criminal offense relating to the arrest and booking

"[A]ctual administrative costs" defined in subd. (e), including applicable overhead costs

No, unless the court orders as a condiction of probation

No, unless the person is granted probation

1/1/1991 w/ amendments & operative dates

Gov. Code, §29550.1

"Criminal Justice Admin. fee": Any person arrested by any city, special district, school district, community college district, college, university, or other local arresting agency and booked into county jail, if the person is convicted of a criminal offense relating to the arrest and booking

"[A]ny criminal justice administration fee imposed by a county." [24]

No

Yes

8/5/1991 w/ amendments

Gov. Code, §29550.2 [1]

Any person booked into county jail by any governmental entity not specified in §29550 or §29550.1, if the person is convicted of a criminal offense relating to the arrest and booking

"[A]ctual administrative costs" defined in subd. (c), including applicable overhead costs

Yes

Yes, if the person has the ability to pay

09/14/92; w/ amendments & operative dates

Gov. Code, §70372

Every fine, penalty forfeiture, except restitution fines and parking fines

$5 for every $10[2]

No, but if defendant in prison, court can waive as hardship (§70372, subd. (E))

Yes

01/01/03; w/ amendments

Gov. Code, §70373 [3]

Every criminal offense including traffic offenses, but not parking offenses

$30 for felonies and misdemeanors, $35 for infractions.

No

Yes

01/01/09

Gov. Code, §76000

Every fine, penalty or forfeiture [4]

Max of $7 penalty for every $10. It varies by county. There is a chart in the 2010 statute listing the amount each county charges.

No

Yes

07/27/91; w/ later amendments

Gov. Code, §76000.5

Every fine, penalty or forfeiture, But does NOT apply to restitution fines, PC §1464 penalties, parking offenses, PC §1465.7

$2 penalty for every $10 penalty

No

Yes, if the county has elected to levy it.

01/01/09; sunset date extended to 1/1/2017 eff. 1/1/2014

Gov. Code, §76000.10

Every Vehicle Code conviction, except parking offenses
The penalty shall not be included in the base fine used to calculate assessments under PC §1464, or the surcharges in PC § 1465.7 & Gov. Code § 70372, and to calculate other penalties in the Gov. Code.

$4 fee

No

Yes

01/01/11

Gov. Code, §76104.6 [5]

Every fine, penalty or forfeiture; to implement DNA fingerprinting and Unsolved Crime & Innocence Protection Act
But does NOT apply to restitution fines, PC §1464 penalties, parking offenses, PC §1465.7, or Gov. Code §70373

$1 penalty for every $10, or fraction thereof

No

Yes

11/03/04; amended 1/1/08 (rejecting the interpretation of People v. Chavez (2007) 150 CA4th 1288)

Gov. Code, §76104.7

Every fine, penalty or forfeiture; additional to 76104.6 penalty; for operation of DNA fingerprinting and Unsolved Crime & Innocence Protection Act
But does NOT apply to restitution fines, PC §1464 penalties, parking offenses, PC §1465.7 or Gov. Code §70373

$4 penalty for every $10, or fraction thereof

No

Yes

7/12/06; amended 1/1/08 (rejecting the interpretation of People v. Chavez (2007) 150 CA4th 1288);
eff. 6/10/2010 increased to $3; eff. 6/27/12 increased to $4

Pen. Code, §147

Officer inhumanely/oppressively treating prisoners

≤$4,000 and removal from office

No

Yes*

Enacted 1872; w/ later amendment & operative date

Pen.Code, §158

Barratry or "exciting groundless judicial proceedings"

≤$1,000 plus ≤6 months county jail time

No

Yes*

Enacted 1872; w/ later amendement & operative date

Pen. Code, §186.11(c)

Two or more related fraud or embezzlement felonies involving taking of > $100,000. May trump all other fines. (§186.11, subd. (l).)

≤$500,000 or 2x the taking, whichever is greater; but if taking was ≥ $100,000 - ≤$500,000, then fine ≤$100,000 or 2x the taking.

No

Yes, if facts are pled and proven.

1997; w/ later amendments & operative dates

Pen. Code, §186.28

Person/corporation supplying, selling, giving firearm to individual knowing it will be used to commit felony described in Pen. Code, §186.22(e) and (f) the firearm used to commit felony and person using firearm convicted

≤$1,000 and/or imprisonment

No

No

Does not apply to person convicted as principal in the felony offense

1993

Pen. Code, §243.4

Sexual battery (a) unwanted sexual touching[6] of another who is restrained

≤$2,000 and county jail or≤$10,000 and prison

No

Yes*

1983; w/ later amendments

 

(b)sexual touching of one institutionalized for medical treatment and is seriously disabled, medically incapacitated

≤$2,000 and county jail or ≤$10,000 and prison

No

Yes*

 

 

(c) sexual touching disguised as professional treatment

≤$2,000 and county jail or ≤10,000 and prison

No

Yes*

 

 

(d) forcing a restrained, or institutionalized and disabled individual to engage in sexual touching

≤$2,000 and county jail or ≤10,000 and prison

No

Yes*

 

 

(e) any unwanted sexual touching of another

≤$2,000 and/or county jail

No

No

 

 

If person touched is an employee of defendant

then ≤$3,000 and/or county jail

No

No

 

 

(j) violation of (a)(b)(c)(d) against a minor with prior conviction under this section

≤$10,000 and prison

No

Yes*

 

Pen. Code, §264

Pen. Code, §261, 262

≤$70

Yes

No

1872; w/ later amendments & operative dates

Pen. Code, §290.3

Sex offense specified in Pen. Code, § 290(a)

$300 first conviction; $500 second and each subsequent conviction.

 

 

No [7]

Yes, unless court determines no ability to pay

1989; w/ later amendments & operative dates; eff. 9/20/06 fines increased to $200/$300; eff. 11/7/06 increased to $300/$500 (Prop. 83)

Pen. Code, §294(a)

Pen. Code, §§ 273a, 273d, 288.5, 311.2, 311.3, 647.6.

≤$5,000 felony ≤$1,000 misd. + collection cost to county not to exceed 2% total paid

Yes

No

1994

Pen. Code, §294(b)

Pen. Code, §§ 261, 264.1, 285, 286, 288a, 289, where victim < 14 years old.

≤$5,000 felony ≤$1,000 misd. + 2% collection cost to county

Yes

No

1994

Pen. Code, §298.1

Refusal to give blood, saliva, thumb or palm print after written notice

$500 plus ≤1 year; if imprisoned already, according to CDC schedule for misdemeanors

No

Yes

1999; w/ later amendment

Pen. Code, §308

(a) Tobacco/smoking parapheranlia sold/furnished to minors

 

 

 

1892; w/ later amendments & operative dates

 

1st offense

$200

No

Yes

 

 

2nd offense

$500

No

Yes

 

 

3rd offense

$1000

No

Yes

 

 

(b) purchase/receipt by minor

$75 or 30 hrs community service

No

Yes

 

Pen. Code, §311.12

Anyone convicted of violating Penal Code sections 311.1, 311.2, 311.3, 311.10, or 311.11 when the violation is committed on, or via, a government-owned computer or computer network or when government-owned property is used to produce, transport, or distribute child pornography

≤$2,000

This fine "shall not be subject to the provisions of Sections 70372, 76000, 76000.5, and 76104.6 of the Government Code, or Sections 1464 and 1465.7 of this code."

 

Yes

Yes, if the person has the ability to pay

1/1/2014

Pen. Code, §456

Anyone convicted of felony arson (Pen. Code, §451)

≤$50,000 or, if arson committed for financial gain, 2 anticipated/ actual gross gain

No

No

1978; w/ later amendment

Pen.Code, §490.5 (a)

First conviction for petty theft of retail merchandise or library materials

$50 to $1000 for each violation

Parent/guardian of un-emancipated minor jointly liable with minor for $50 - $500 plus costs plus value of merchandise if not in merchantable condition

No

Community service in lieu of fine possible

1977; w/ later amendments

Pen.Code, §672

Offenses carrying jail or prison sentence for which no fine prescribed

≤$1000 for misdemeanors; ≤$10,000 for felonies plus imprisonment

No

No

1872; w/ later amendment & operative dates

Pen. Code, §987.5 (a)

Registration fee assessed defendant represented by appointed counsel.

≤$50

Yes

Yes, unless unable to pay

08/19/96; with later amendment

Pen. Code, §987.8

Attorney fees assessed defendant represented by appointed counsel.[8]

Reasonable cost of representation, determined upon hearing re "present ability" to pay.

Yes

No

1982 with later amendments

Pen. Code, §1001.90

Defendant granted diversion under this section.

$100 - $1,000

No. Can be considered, but not dispositive.

Imposition, yes, but court can waive it; amount no.

08/03/95; w/ later amendment

Pen. Code, §1202.4(b)

All crimes.

 

currently $280 - $10,000 felonies
$100 - $1,000 misd.
(see footnote 9 for other dates)[9]

No penalty assessments. (Pen. Code, § 1202.4(e).)

+ 10% collection fee if county opts. (Pen. Code, § 1202.4(l).) [10]

Excess days in custody will not be applied to restitution fine. (See Pen. Code, § 2900.5, subd. (a), as amended by Stats. 2013, ch. 59, § 7 (SB 514), eff. 1/1/2014.)

No. Can be considered only if fine exceeds minimum.

Yes, unless compelling and extraordinary reasons for not imposing fine [11]

09/27/83 operative 01/01/84; w/ later amendments

Pen. Code, §1202.44

All crimes where a conditional sentence or a sentence that includes a period of probation, is imposed.

Same amount as that imposed pursuant to PC 1202.4(b)

No

Yes, “absent compelling and extraordinary reasons stated on the record.”

08/16/04

Pen. Code, §1202.45

All crimes in which sentence includes parole term.

Suspended unless parole revoked.

But does NOT apply to penalty provisions of Pen. Code, §§ 1464, 1465.7, or Gov. Code, §76000, et seq.

Same as restitution fine under section 1202.4.

No

Yes[12]

08/03/95; w/ later amendment

Pen. Code, §1202.5[13]

Pen. Code, §§ 211, 215, 459, 470, 484, 487, 488, 594

$10 + penalty assessments

Yes

Yes

1986; w/ later amendments

Pen. Code, §1203.044

Felony theft > $50,000 in a single transaction, where defendant granted probation.

 

 

 

Repealed eff. 1/1/08

Pen. Code, §1203.097

Crime in which victim is a person defined in Family Code § 6211 and defendant gets probation.

$500 minimum fee per (a)(5).

Fee is not subject to reduction for time served under Penal Code sections 1205 or 2900.5. (a)(5)(D)

Fee may be collected after probation is terminated. (a)(5)(E)

In lieu of fine, but not in lieu of above fee, up to $5,000 to women's shelter and/or victim's expenses. (a)(11)(A)

Yes

 

 

 

 

 

 

 

 

 

 

No

Yes, unless after a hearing the court finds no ability to pay, then the court may reduce or waive the fee

2004; operative 01/01/07;
increased from $200 to $400 eff. 8/13/10; increased from $400 to $500 eff. 1/1/2013; fee not subject to reduction for time served and may be collected after probation is terminated eff. 1/1/2014

Pen. Code, §1203.1(e)

Probationers

Actual cost of emergency response, paid to public agency.

No

No

1936; w/ later amendments & operative dates

Pen. Code, §1203.1ab

Convictions for drug offenses w/ testing ordered (as defined)

Actual cost of testing

Yes

Yes

1988 w/ later amendments

Pen. Code, §1203.1b

Probationers [14]

Any case in which a defendant is convicted and is the subject of any preplea or presentence investigation and report. [21]

"reasonable cost of probation" services as defined in the statute.

Yes

Yes

1981 w/ later amendments

Pen. Code, §1203.1bb

Ignition interlock devices

Actual cost

No

Yes

9/28/90 w/ later amendments

Pen. Code, §1203.1c

Probationers incarcerated in county jail as a condition of probation.

Reasonable cost of incarceration; cost may be set by local officials.

Yes

No

1983; w/ later amendments

Pen. Code, §1203.1e

Parolees from local custody

Reasonable costs not to exceed average cost

Yes

Yes

9/18/91 w/ later amendments

Pen. Code, §1203.1g

Defendants convicted of sexual assault on minor and granted probation.

Cost of medical / psychological treatment of victim. Imposed as a condition of probation.

No

Yes

1986; w/ later amendments

Pen. Code, §1203.1h

Defendants convicted of any offense involving child abuse and neglect.

Cost of medical examination on victim to determine nature and extent of abuse, or for collection and preservation of evidence. Payable to law enforcement agency that incurred the cost.

Yes

No

1986; w/ later amendment

Pen. Code, §1203.1i

Violation of building standards.

Cost of house confinement.

Yes

No

1988

Pen. Code, §1203.1j

Defendants convicted of assault, etc., on victim > 65 years and defendant reasonably should have known victim's age.

Cost of medical / psychological treatment incurred as a result of the crime. Imposed as a condition of probation.

No

Yes

1988; w/ later amendment

Pen. Code, §1203.1m

Defendant sentenced to prison.

Reasonable cost of imprisonment.

Yes

No

07/09/94

Pen. Code, §1203.4(c)

Filing fee for discharged probationer seeking change of plea or setting aside verdict:

≤$150

Yes

No [15]

1983; w/ later amendments

Pen. Code, §1205

Imprisonment to satisfy a fine (but not restitution fines or orders)

(e) Defendant shall pay a fee for processing installment payments for a fine and accounts receivable that are not paid in installments

≤one day per $30

 

administrative and clerical costs;

≤$30 fee to process a fine not paid in installments

No

 

 

No

 

No

No

 

 

Yes

 

Yes

1872; w/ later amendments; no longer applies to restitution fines or restitution orders eff. 6/28/2012

Pen. Code, §1214.1

Defendant fails to appear or fails to pay fine after notice and without good cause.

≤$250

No

No

1986; w/ later amendments

Pen. Code, §1463.07

Any person arrested and released on OR, if convicted of offense related to the arrest.

Any person cited and released, if convicted of offense related to the arrest.

$25

 

 

$10

Yes

 

 

Yes

Yes

 

 

Yes

1998

Pen.Code, §1463.13

Where alcohol/substance abuse is substantially involved in crime and the county operates an alcohol/substance problem assessment program. (This does not apply to DUI or "related" offenses.)

≤$150 on every fine, penalty, forfeiture imposed and collected and defendant ordered to participate in county alcohol/drug assessment program

Yes

No

2001

Pen. Code, §1463.14

County board of supervisors may authorize additional penalty for persons convicted of Veh. Code §23152 or 23153

An amount equal to the cost of testing for alcohol content, less $50 up to a maximum of $50.

Yes

Yes

effective 7/27/91; w/ amendments

Pen. Code, §1463.15-1463.23

These provisions appear to be allocation sections only, not independent fines.

 

 

 

 

Pen. Code, §1464

Every fine, penalty or forfeiture imposed and collected for all criminal offenses. [16]

$10 for every $10 or less imposed as a fine, fee penalty or forfeiture.

No, but after imposed, the court can waive all or part if it works a hardship on the convicted person or his immediate family.

Yes

1982; w/ later amendments

Pen. Code, §1465.7

State surcharge on all fines, except restitution fines and GC §70373. This surcharge is in addition to penalty provisions of PC §1464

20% is added to the base fine as calculated under Pen. Code, §1464, subd.(a) [17]

No

Yes

09/30/02; w/ later amendments.

Pen. Code, §1465.8

Court security fee for every criminal conviction [18]

Penalties under Gov. Code, §76000, et seq. and Pen. Code, §1465.7, do not apply to this fee

currently $40 (see footnote 18 for other dates)

No

Yes

No discretion to stay. (See footnote 18.)

08/02/03; operative 08/17/03; amended 1/1/08; 7/28/09; 10/19/10; 3/24/11 (Stats 2011 ch 10 § 8-10 (SB 78).)

Pen. Code, §4600

Intentional damage to jail/prison

damage less than $400

≤$10,000 and prison

misdemeanor

No

No

Yes

Yes

1942; w/ later amendments & operative dates

Pen. Code, §11413

Terrorism; use of destructive/explosive device in certain places listed in subdivision (b)

≤$10,000 plus prison

Yes

No

1986; w/ later amendments

Health & Saf. Code, §11350(c)

Defendant possessing a controlled substance under (a) or (b) of this section.

≤$70

Yes

No

1990; w/ later amendments

Health & Saf. Code, §11350(d)

Defendant convicted under this section and granted probation.

"at least" $1,000 for first offense (or community service), and "at least" $2,000 for second offense (or community service).

No, but community service in lieu of fine if no ability to pay.

Yes, unless this would not serve the interests of justice.

1992; w/ later amendment

Health & Saf. Code, §11352.5

Possession for sale of 14.25 grams of heroin; or sale of 14.25 grams of heroin; or sale / possession for sale of heroin with priors.

≤$50,000

Yes

Yes

1977; w/ later amendment

Health & Saf. Code, §11372(a)

Health & Saf. Code, §§ 11350, 11351, 11351.5, 11352, 11353, 11355, 11359, 11360, 11361

≤$20,000 per offense

No

No

1973; w/ later amendments

Health & Saf. Code, §11372(b)

Health & Saf. Code, §§ 11370.4(a)(1)

≤$1,000,000 per offense

Yes

No

1988; w/ later amendment

Health & Saf. Code, §11372(c)

Health & Saf. Code, §§ 11370.4(a)(2)

≤$4,000,000 per offense

Yes

No

1988; w/ later amendment

Health & Saf. Code, §11372(d)

Health & Saf. Code, §§ 11370.4(a)(3)

≤$8,000,000 per offense

Yes

No

1988; w/ later amendment

Health & Saf. Code, §11372.5 (criminal lab fee)

Health & Saf. Code, §§ 11350, 11351, 11351.5, 11352, 11355, 11357(a) or (c), 1358, 11359, 11360(a), 11361, 11363, 11364, 11368, 11375, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11382, 11383, 11390, 11391, 11550; Bus. & Prof. Code, § 4230.[19]

$50 per offense.

No

Yes

1981; w/ later amendments

Health & Saf. Code, §11372.7 (drug program fee)

All convicted under this chapter, except persons convicted under Health & Saf. Code, § 11357(b). (See Health & Saf. Code, § 11372.7(e).)

≤$150 per offense.

Yes, but an express finding is not required.

Yes, but if not imposed by trial court, arguable there is an implied finding of inability to pay as the trial court is presumed to perform its duty.[25]

1987; w/ later amendments

Health & Saf. Code, §11377 (c)

Anyone convicted of Health & Saf. Code, § 11377(a).

≤$70

Yes

No

1989; w/ later amendments

Health & Saf. Code, §11379.6

For manufacturing any controlled substance specified in § 11054, 11055, 11056, 11057 or 11058.

≤$50,000

No

Yes

1990; w/ later amendment

Health & Saf. Code, §11470.2

Procedure where there is a criminal conviction for damages in lieu of civil action for damages under §11470.1 incurred seizing and eradicating controlled substances] [20]

All recoverable expenses under §11470.1

No

No

1984

Veh. Code, §23550

Conviction Veh. Code, §23152 within 10 years of 3 or more separate felony violations of 23103 as specified in §§ 23103.5, 23152, 23153, or any combination.

$390 to $1,000

No

Yes

07/01/99

Veh. Code, §23550.5

Conviction Veh. Code, §23152 or 23153, within 10 years of any felony violations of: 23152, 23153, 23550, 23550.5, Pen. Code §192 (as specified in subd. (a)), or conviction of Pen. Code §191.5 (as specified in subd. (b)).

$390 to $1,000

No

Yes

07/01/99; w/ later amendments & operative dates

Veh. Code, §23554

First conviction of Veh. Code, §23153

$390 min. $1000 max.

No

Yes

07/01/99; w/ later amendment

Veh. Code, §23560

Second conviction of Veh. Code, §23153 w/in 10 years of a separate violation of Veh. Code §23103, as specified in § § 23103.5, 23152, or 23153.

$390 min. $1000 max.

No

Yes

07/01/99; w/ later amendment

Veh. Code, §23566(a)

Conviction Veh. Code, §23153 with two or more violations §23103 (specified in §23103.5), 23152 or 23153 or combination within 10 years

$1,015 - $5,000

No

Yes

07/01/99; w/ later amendments & operative dates

Veh. Code, §23566(b)

Conviction Veh.Code, §23153 and act or neglect proximately causes GBI to other than driver + 2 or more violations §23103 (specified in §23103.5), 23152, 23153 or combination within 10 years

$1,015 - $5,000

No

Yes

07/01/99;
w/ later amendments & operative dates

Veh. Code, §23568

Probation condition for persons convicted of Veh. Code §23566 and restitution under Pen. Code, §1203.1

$390 - $5000 + restitution under Pen. Code, §1203.1

No

Yes

07/01/99; w/ later amendments & operative dates

Veh. Code, §23645

Alcohol abuse education and prevention penalty for persons convicted of Veh. Code §23152 or 23153

$50

Yes

Yes, even if probation is granted

07/01/99

Veh. Code, §23649

Alcohol and drug problem assessment program penalty assessment for persons convicted of Veh. Code §23152 or 23153 and persons convicted of Veh. Code 23103 who are ordered to participate in county alcohol and drug problem assessment program[22]

$100

Yes

Yes

1989; w/ later amendments and renumbered operative July 1, 1999

Veh. Code, §42000

Unless a penalty is expressly provided by the Vehicle Code, conviction for any Vehicle Code felony

$1000 - $10,000 and/or prison

No

Yes* if other penalty not expressly provided

1959; w/ later amendments and operative dates

Veh. Code, §42006

Special assessment by any court that conducts a night or weekend session of the court on all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to Vehicle Code, except parking offenses

$1

No

No; court shall waive if person is imprisoned until fine is satisfied

1966; w/ later amendments

Veh. Code, §42009

Vehicle Code violations specified in Vehicle Code section 42009, subdivision (b), when the offense is committed by a driver within a highway construction or maintenance area

Fine shall be double the amount otherwise prescribed in misdemeanor case

Fine shall be one category higher than the penalty otherwise prescribed in an infraction case

No

Yes

1994; w/ later amendments

Veh. Code, §42010

Vehicle Code violations specified in Vehicle Code section 42010, subdivision (b), when the offense is within an area that has been designated as a Safety Enhancement-Double Fine Zone

Fine shall be double the amount otherwise prescribed in misdemeanor case

Fine shall be one category higher than the penalty otherwise prescribed in an infraction case

No

Yes

1997; w/ later amendment and operative date

Authorizing Statute Applies to Amount Ability to Pay Dispositive? Fine Mandatory? Effective Date

 

* Where a statute provides that a crime "is punishable by" imprisonment and a fine, the fine is characterized for this schedule as mandatory.

[1] A defendant who fails to object that the evidence is insufficient to support a finding of his ability to pay a booking fee when the court imposes it forfeits the right to challenge the fee on appeal. (People v. McCullough (2013) 56 Cal.4th 589.)

[2] Prior to January 1, 2012, this penalty was subject to a reduction differing by county. (See People v. McCoy (2007) 156 Cal.App.4th 1246.) Imposition of the fee for offenses committed before the effective date violates ex post facto provisions of the state and federal constitutions. (People v. High (2004) 119 Cal.App.4th 1192.)

[3] This assessment is in addition to the assessment under Penal Code section 1464, and may not be included in the base fine to calculate the assessment under that statute. Imposition of the assessment for crimes committed before the statute's enactment does not violate ex post facto principles. (People v. Castillo (2010) 182 Cal.App.4th 1410.) But the assessment applies only to cases cases in which the conviction, either by plea or jury verdict, occurred on or after its effective date. (People v. Davis (2010) 185 Cal.App.4th 998.)

[4] By statute, Government Code section 76000 does not apply to Penal Code sections 1202.4, 1202.45, 1464, 1465.7, or to Government Code section 70373. Applies to Health and Safety Code section 11372.7 (People v Sierra (1995, 5th Dist.) 37 Cal.App.4th 1690), laboratory analysis fee under Health and Safety Code section 11372.5, subdivision (b), drug program fee under Health and Safety Code section 11372.7 (People v. Martinez (1998, 2nd Dist.) 65 Cal.App.4th 1511), but not to direct victim restitution (People v. Dorsey (1999, 2nd Dist.) 75 Cal.App.4th 729, and where applicable, the penalty is not waived when the prosecution fails to object to its omission (People v. Smith (2001) 24 Cal.4th 849).

[5] Imposition of the DNA penalty assessment per Government Code section 76104.6 on offenses that occurred prior to the statute's effective date is a violation of the constitutional prohibition against ex post facto laws. (People v. Batman (2008) 159 Cal.App.4th 587.)

[6] Sexual touching is shorthand for "for the purpose of sexual arousal, sexual gratification or sexual abuse."

[7] According to case law, prior determination of defendant's ability to pay is not a predicate to levy of the fine upon conviction under section 290.3. The burden is on the defendant to raise the issue of ability to pay. (People v. McMahan (1992) 3 Cal.App.4th 740.)

[8] Payment cannot be made a condition of probation. (People v. Bradus (2007) 149 Cal.App.4th 636, 640-643; People v. Hart (1998) 65 Cal.App.4th 902, 906-907.)

[9] The court may calculate the fine by multiplying $200 x years in prison x number of felony counts.
Multiple amendments have affected this fee. The relevant dates are:

  • Jan. 1, 1984 to Sept. 11, 1992: $100-$10,000 (felony offenses)
  • Sept. 12, 1992 to Sept. 27, 1994: $200-$10,000 (felony offenses)
  • Sept. 28, 1994 to Dec. 31, 2011:
    • $200-$10,000 (felony offenses)
    • $100-$1,000 (misdemeanor offenses)
  • Jan. 1, 2012 to Dec. 31, 2012:
    • $240-$10,000 (felony offenses)
    • $120-$1,000 (misdemeanor offenses)
  • Jan. 1, 2013 to Dec. 31, 2013:
    • $280-$10,000 (felony offenses)
    • $140-$1,000 (misdemeanor offenses)
  • After Jan. 1, 2014:
    • $300-$10,000 (felony offenses)
    • $150-$1,000 (misdemeanor offenses)

For a discussion of ex post facto considerations related to the recent increase in the minimum amount of the Penal Code section 1202.4, subdivision (b), restitution fine, see ADI's article "Increase in Minimum Restitution Fines: Watch for Ex Post Facto Violations."

The California Supreme Court recently held that a restitution order violated the ex post facto clause of the U.S. Constitution. The trial court had applied the law of restitution in effect at the time of the defendant's sentencing, rather than the law in effect at the time of the defendant's crimes. The restitution order violated the statutory maximum as defined by the statutes applicable at the time of the defendant's crimes. (People v. Souza (2012) 54 Cal.4th 90.)

[10] People v. Robertson (2009) 174 Cal.App.4th 206, 210-211. Remember to check the county where the defendant was sentenced to see if the board of supervisors has opted to impose a fee to cover the administrative costs of collecting the restitution fine. For example, the Shasta County Board of Supervisors passed a resolution in 2001 imposing a 10 percent fee. (Shasta County Bd. of Supervisors Res. No. 2001-175.)

[11] Where the trial court fails to impose the fine and the prosecution does not object, the prosecution cannot raise the issue on appeal. (People v. Tillman (2000) 22 Cal.4th 300.) Query: Does this mean the appellate court cannot impose the fine on appeal on its own motion in, for example, a Wende review? (See People v. Williams (1997) 17 Cal.4th 148, 161, fn.6, suggesting that the waiver rule binds only the parties.)

Additionally, the trial court has the authority to suspend, dismiss, or otherwise eliminate the unpaid portion of a Penal Code section 1202.4, subdivision (b) restitution fine when it grants a defendant's motion to "expunge" the conviction (Pen. Code, 1203.4) or when relief from payment of the restitution fine was a material term of the defendant's plea bargain. (People v. Holman (2013) 214 Cal.App.4th 1438, 1467-1476.)

[12] Where the trial court imposes a restitution fine but omits or imposes an erroneous parole revocation fine under section 1202.45, the section 1202.45 fine can be corrected even if the prosecution fails to object because if a section 1202.4 fine is imposed, a section 1202.45 fine is required and failure to impose it results in an unauthorized sentence. (People v. Smith (2001) 24 Cal.4th 849.)

If the execution of a defendant's prison sentence is suspended and the defendant is placed on probation, the trial court should impose the section 1202.44 probation restitution fine and not the section 1202.45 parole restitution fine. (People v. Hunt (2013) 213 Cal.App.4th 13, 16-20.) The trial court should not impose both fines. (Id. at pp. 19-20.)

[13] The usual penalties should be added to the $10 fine. (People v. Knightbent (2010) 186 Cal.App.4th 1105.) But the fine itself can be imposed just once for any single case, not per count. (People v. Crittle (2007) 154 Cal.App.4th 368, 371.)

[14] Payment cannot be made a condition of probation. (People v. Bradus (2007) 149 Cal.App.4th 636, 640-643; People v. Hart (1998) 65 Cal.App.4th 902, 906-907.)

[15] Clerk cannot impose fee at time of filing; court determines ability to pay. (Lewis v. Clarke (2003) 108 Cal.App.4th 563.)

[16] Except does not apply to any parking offense, any restitution fine (Pen. Code, §§ 1202.4, 1202.44 and 1202.45) any county penalties authorized by Ch. 12 (starting with Gov. Code, § 76000), or the state surcharge (Pen. Code, § 1465.7). (See Pen. Code, § 1464, subd. (a)(3).) Cross reference Government Code section 76000, providing for additional $7 penalty for ever $10 penalty ordered.

[17] This surcharge became operative on 9/30/02. Imposition of the surcharge for offenses committed before this date violates ex-post facto provisions of the state and federal constitutions. (People v. High (2004) 119 Cal.App.4th 1192.)

[18] The security fee does not implicate ex post facto principles because it is not punitive in nature. (People v. Alford (2007) 42 Cal.4th 749; People v. Wallace (2004) 120 Cal.App.4th 867.) But, a security fee cannot be imposed for juvenile adjudications of wardship because they are not "criminal convictions." (Egar v. Superior Court (2004) 120 Cal.App.4th 1306, 1308-1309.) It can be imposed even if the conviction itself is stayed under Penal Code section 654. (People v. Crittle (2007) 154 Cal.App.4th 368.) The trial court has no discretion to stay this fee under Penal Code section 654, nor generally to not impose it. (People v. Woods (2010) 191 Cal.App.4th 269.)

Multiple amendments have affected this fee. The relevant dates are:

  • Aug. 17, 2003 to July 27, 2009: $20
  • July 28, 2009 to Oct. 18, 2010: $30
  • After Oct. 19, 2010: $40

[19] In People v. Sharret (2011) 191 Cal.App.4th 859, the Second District Court of Appeal, Div. 5, held that the 11372.5 criminal lab analysis fee constituted punishment. Accordingly, if the penalty for the offense to which it attaches is stayed pursuant to Penal Code section 654, the fee must also be stayed.

[20] Where defendants plead to charges, probation report cited this section and described expenses, and defendants did not object to restitution amount at sentencing, failure to object to the prosecution's failure to follow procedure outlined, including jury trial, is waived. (People v. Brach (2002) 95 Cal.App.4th 571.)

[21] Penal Code section 1203.1b applies to all cases, including those in which a defendant is sentenced to state prison. (People v. Orozco (2011) 199 Cal.App.4th 189, 191-193; People v. Robinson (2002) 104 Cal.App.4th 902.)

[22] This assessment can only be levied upon a fine, penalty or forfeiture that was imposed and collected by the court. (Veh. Code, 23649.) When the court imposes a fine against the defendant, but subsumes the fine into the defendant's presentence credit award, the fine was never collected and the Vehicle Code section 23649 assessment should not be imposed. (People v. Benner (2010) 185 Cal.App.4th 791, 797.)

[23] For an explanation of the relationship between Government Code sections 29550, 29550.1, and 29550.2, see People v. Mason (2012) 206 Cal.App.4th 1026.

[24] The fee imposed by the county "shall not exceed one-half of the actual administrative costs," as defined in Government Code section 29550, subd. (e), including applicable overhead costs. (Gov. Code 29550, subd. (a)(1); see also People v. Mason (2012) 206 Cal.App.4th 1026.)

[25] When determining whether the defendant has the ability to pay the $150 drug program fee, the trial court should also consider whether the defendant has the ability to pay the applicable penalties and surcharge. (See People v. Corrales (2013) 213 Cal.App.4th 696, 700-702.)

 

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