(a)(1)Except as otherwise provided in this section, for purposes of supporting emergency medical services pursuant to Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code, in addition to the penalties set forth in Section 76000, the county board of supervisors may elect to levy an additional penalty in the amount of two dollars ($2) 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 violations of Division 9 (commencing with Section 23000) of the Business and Professions Code relating to the control of alcoholic beverages, and all offenses involving a violation of the
Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code. This penalty shall be collected together with and in the same manner as the amounts established by Section 1464 of the Penal Code.
(2)This additional penalty does not apply to the following:
(A)A restitution fine.
(B)A penalty authorized by Section 1464 of the Penal Code or this chapter.
(C)A 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)Funds shall be collected pursuant to subdivision (a) only if the county board of supervisors provides that the increased penalties do not offset or reduce the funding of other programs from other sources, but that these additional revenues result in increased funding to those programs.
(c)Moneys collected pursuant to subdivision (a) shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code.
(d)Funds collected pursuant to this section shall be deposited into the Maddy Emergency Medical Services (EMS) Fund established pursuant to Section 1797.98a of the Health and Safety Code.
(e)This section shall remain in effect until January 1, 2027.
Notes of Decisions
Cited in
82
cases (
20 in the last 5 years), 2009–2026 · leading case:
People v. Castellanos, 175 Cal. App. 4th 1524 (Cal. Ct. App. 2009).
People v. Castellanos, 175 Cal. App. 4th 1524 (Cal. Ct. App. 2009).
· cites it 6× “98a) of Division 2.5 of the Health and Safety Code, in addition to the penalties set forth in Section 76000, the county board of supervisors may elect to levy an additional penalty in the amount of two dollars ($2) for every ten dollars ($10), or part of ten dollars ($10), upon…”
People v. Hamed, 221 Cal. App. 4th 928 (Cal. Ct. App. 2013).
· cites it 5× “(a)(1)); (5) a 20 percent additional penalty if authorized by the county board of supervisors for emergency medical services (Gov. Code, § 76000.5, subd. (a)(1)); (6) a 10 percent additional penalty “ ‘[f]or the purpose of implementing the DNA Fingerprint, Unsolved Crime and…”
People v. Sharret, 191 Cal. App. 4th 859 (Cal. Ct. App. 2011).
“(a)(1)); a $30 emergency medical services penalty (Gov. Code, § 76000.5, subd. (a)(1)); a $15 deoxyribonucleic acid penalty (Gov.”
People v. Shabazz, 237 Cal. App. 4th 303 (Cal. Ct. App. 2015).
“(a)(1)); a $5 deoxyribonucleic acid penalty (Gov. Code, § 76104.6, subd.”
People v. Voit, 200 Cal. App. 4th 1353 (Cal. Ct. App. 2011).
“(a)(1)), (5) a 20 percent additional penalty if authorized by the county board of supervisors for emergency medical services (Gov. Code, § 76000.5, subd. (a)(1)), (6) a 10 percent additional penalty “ ‘[F]or the purpose of implementing the DNA Fingerprint, Unsolved Crime and…”
People v. Hartley, 248 Cal. App. 4th 620 (Cal. Ct. App. 2016).
“(a)(1)), a $20 penalty (Gov. Code, § 76000.5, subd. (a)(1)), a $10 penalty (Gov.”
People v. Soto, 245 Cal. App. 4th 1219 (Cal. Ct. App. 2016).
“12 We note that the additional penalty on fines for support of emergency medical services (Gov. Code, § 76000.5) is not applicable unless the county board of supervisors elects to levy the additional penalty.”
People v. Johnson, 234 Cal. App. 4th 1432 (Cal. Ct. App. 2015).
“Code, § 70372) equal to $150; (5) a 20 percent additional penalty for emergency medical services (Gov. Code, § 76000.5) equal to $60; (6) a 10 percent additional DNA penalty (Gov.”
People v. Corrales, 213 Cal. App. 4th 696 (Cal. Ct. App. 2013).
“(a)); and a $30 emergency medical services penalty (Gov. Code, § 76000.5, subd. (a)(1)). However, as noted, the drug program fee has an ability to pay provision.”
People v. Rader, 228 Cal. App. 4th 184 (Cal. Ct. App. 2014).
“(a)); a $2 emergency medical services penalty (Gov. Code, § 76000.5, subd. (a)(1)); and a $2 state surcharge (§ 1465.”
People v. Keith, 235 Cal. App. 4th 983 (Cal. Ct. App. 2015).
“Code, § 70372, subd. (a)(1)); a $5 deoxyribonucleic acid penalty (Gov.”
People v. Donovan CA5 (Cal. Ct. App. 2020).
· cites it 4× “Code, § 70372); (4) a 70 percent additional penalty (Gov.”
— Cal. Government Code § 76000.5(a)(1) — 1 case
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