(a)Except as otherwise provided in this section, in addition to the penalty levied pursuant to Section 76104.6, there shall be levied an additional state-only penalty of four dollars ($4) for every ten dollars ($10), or part of ten dollars ($10), in each county 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.
(b)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. These funds shall be deposited into the county treasury DNA Identification Fund. One hundred percent of these funds, including any interest earned thereon, shall be transferred to the state Controller at the same time that moneys are transferred pursuant to paragraph (2) of subdivision (b) of Section 76104.6, for deposit into the state’s DNA Identification Fund. These funds shall be used to fund the operations of the Department of Justice forensic laboratories, including the operation of the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, and to facilitate compliance with the
requirements of subdivision (e) of Section 299.5 of the Penal Code.
(c)This additional penalty does not apply to the following:
(1)Any restitution fine.
(2)Any penalty authorized by Section 1464 of the Penal Code or this chapter.
(3)Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(4)The state surcharge authorized by Section 1465.7 of the Penal Code.
(d)The fees collected pursuant to this section shall not be subject to subdivision (e) of Section 1203.1d of the Penal Code, but shall be disbursed under paragraph (3) of subdivision (b) of Section
1203.1d of the Penal Code.
Notes of Decisions
Cited in
128
cases (
29 in the last 5 years), 2008–2026 · leading case:
People v. Hamed, 221 Cal. App. 4th 928 (Cal. Ct. App. 2013).
People v. Hamed, 221 Cal. App. 4th 928 (Cal. Ct. App. 2013).
· cites it 6× “(a)(1)); (6) a 10 percent additional penalty “ ‘[f]or the purpose of implementing the DNA Fingerprint, Unsolved Crime and Innocence Protection Act’ ” (Gov.”
People v. Sharret, 191 Cal. App. 4th 859 (Cal. Ct. App. 2011).
· cites it 2× “) Additionally, the criminal laboratory analysis fees imposed as to counts 1 and 2 are subject to the following: a $50 state penalty under Penal Code section 1464, subdivision (a)(1); a $35 county penalty pursuant to Government Code section 76000, subdivision (a)(1); a $10 Penal…”
People v. Mejia, 211 Cal. App. 4th 586 (Cal. Ct. App. 2012).
“Finally, all appellants contend that the court improperly imposed the $32 DNA penalty assessment because they committed their crimes prior to enactment of enabling statute for that assessment, Government Code section 76104.7, subdivision (a).”
People v. Shabazz, 237 Cal. App. 4th 303 (Cal. Ct. App. 2015).
“(a)); a $20 state-only deoxyribonucleic acid penalty (Gov. Code, § 76104.7, subd. (a)); and a $10 emergency medical services penalty (Gov.”
People v. Voit, 200 Cal. App. 4th 1353 (Cal. Ct. App. 2011).
“(a)(1)), and (7) a 10 percent additional state-only penalty to finance Department of Justice forensic laboratories (Gov. Code, § 76104.7). (175 Cal.App.4th at pp.”
People v. Hartley, 248 Cal. App. 4th 620 (Cal. Ct. App. 2016).
“(a)(1)), and a $40 penalty (Gov. Code, § 76104.7, subd. (a)); and (3) the remaining $294 as set forth in the minute order: $154 “RF” restitution fine (§ 1202.”
People v. Zanoletti, 173 Cal. App. 4th 547 (Cal. Ct. App. 2009).
· cites it 2× “(b)), a $20 DNA penalty assessment (Gov. Code, § 76104.7), a $20 court security fee (§ 1465.”
People v. Corrales, 213 Cal. App. 4th 696 (Cal. Ct. App. 2013).
“(a)(1)); a $15 state-only deoxyribonucleic acid penalty (Gov. Code, § 76104.7, subd. (a)); and a $30 emergency medical services penalty (Gov.”
People v. Valencia, 166 Cal. App. 4th 1392 (Cal. Ct. App. 2008).
· cites it 6× “In the published portion of this opinion, we hold that the Government Code sections 76104.6 deoxyribonucleic acid penalty and 76104.”
People v. Rader, 228 Cal. App. 4th 184 (Cal. Ct. App. 2014).
“(a)(1)); a $3 state-only deoxyribonucleic acid penalty (Gov. Code, § 76104.7, subd. (a)); a $2 emergency medical services penalty (Gov.”
People v. Keith, 235 Cal. App. 4th 983 (Cal. Ct. App. 2015).
“7, subd. (a));- a $25 state court constmction penalty (Gov.”
People v. Donovan CA5 (Cal. Ct. App. 2020).
· cites it 4× “(a)(1)); (6) a 10 percent additional penalty ‘“[f]or the purpose of implementing the DNA Fingerprint, Unsolved Crime and Innocence Protection Act”’ (Gov.”
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