(a)A state surcharge of 20 percent shall be levied on the base fine used to calculate the state penalty assessment as specified in subdivision (a) of Section 1464.
(b)This surcharge shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code and may not be included in the base fine used to calculate the state penalty assessment as specified in subdivision (a) of Section 1464.
(c)After a determination by the court of the amount due, the clerk of the court shall cause the amount of the state surcharge collected to be transmitted to the General Fund.
(d)Notwithstanding Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code and subdivision (b) of Section 68090.8 of the Government Code, the full amount of the surcharge shall be transmitted to the State Treasury to be deposited in the General Fund. Of the amount collected from the total amount of the fines, penalties, and surcharges imposed, the amount of the surcharge established by this section shall be transmitted to the State Treasury to be deposited in the General Fund.
(e)When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient
amount to include the surcharge prescribed by this section.
(f)When amounts owed by an offender as a result of a conviction are paid in installment payments, payments shall be credited pursuant to Section 1203.1d. The amount of the surcharge established by this section shall be transmitted to the State Treasury prior to the county retaining or disbursing the remaining amount of the fines, penalties, and forfeitures imposed.
(g)Notwithstanding Sections 40512.6 and 42007 of the Vehicle Code, the term “total bail” as used in subdivision (a) of Section 42007 of the Vehicle Code does not include the surcharge set forth in this section. The surcharge set forth in this section shall be levied on what would have been the base fine had the provisions of Section 42007 not been invoked and the proceeds from the imposition of the surcharge shall be treated as otherwise set forth in this
section.
Notes of Decisions
Cited in
58
cases (
9 in the last 5 years), 2004–2026 · leading case:
People v. High, 2004 Cal. Daily Op. Serv. 5821 (Cal. Ct. App. 2004).
People v. High, 2004 Cal. Daily Op. Serv. 5821 (Cal. Ct. App. 2004).
· cites it 3× “It imposed a total prison sentence of 11 years and imposed various fees, fines, and penalties.”
People v. Castellanos, 175 Cal. App. 4th 1524 (Cal. Ct. App. 2009).
· cites it 4× “6, subdivision (a)(1) $1 deoxyribonucleic acid penalty; and the Government Code section 76104.”
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. Taylor, 2004 Cal. Daily Op. Serv. 4011 (Cal. Ct. App. 2004).
· cites it 3× ““(b) This surcharge shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code and may not be included in the base fine used to calculate the state penalty assessment as specified in subdivision (a) of Section 1464.”
People v. Knightbent, 186 Cal. App. 4th 1105 (Cal. Ct. App. 2010).
· cites it 2× “(a)) and the $2 state surcharge (Pen. Code, § 1465.7, subd. (a)). Defendant makes no response to this point, apart from her erroneous claim that the court could not lawfully impose any sum over $10 under section 1202.”
People v. Shabazz, 237 Cal. App. 4th 303 (Cal. Ct. App. 2015).
“(a)(1)); a $10 state surcharge (Pen. Code, § 1465.7, subd. (a)); a $25 state court constmction penalty (Gov.”
People v. Valenzuela, 172 Cal. App. 4th 1246 (Cal. Ct. App. 2009).
“3, subdivision (a) fine was subject to the following: a section 1464, subdivision (a)(2) $200 penalty assessment; a Government Code section 76000, subdivision (a)(1) $140 penalty assessment; a $40 Penal Code section 1465.7, subdivision (a) state surcharge; and a $60 Government…”
People v. Corrales, 213 Cal. App. 4th 696 (Cal. Ct. App. 2013).
“(a)(1)); a $30 state surcharge (Pen. Code, § 1465.7, subd. (a)); a $45 state court construction penalty (Gov.”
People v. Harbison, 230 Cal. App. 4th 975 (Cal. Ct. App. 2014).
“Code, § 76000); a 20 percent state surcharge of $10 (Pen. Code, § 1465.7); and a court construction penalty of $15 (Gov.”
People v. Keith, 235 Cal. App. 4th 983 (Cal. Ct. App. 2015).
“(a)(1)); a $10 state surcharge (Pen. Code, § 1465.7, subd. (a));- a $25 state court constmction penalty (Gov.”
People v. Brooks, 175 Cal. App. Supp. 4th 1 (Cal. App. Dep’t Super. Ct. 2009).
“This penalty is in addition to any other state or local penalty, including, but not limited to, the penalty provided by Section 1464 of the Penal Code and Section 76000” (italics added).”
People v. Greenberg CA3 (Cal. Ct. App. 2015).
· cites it 4× “) Penal Code section 1465.7 requires a trial court to impose a state surcharge of 20 percent of the “base fine used to calculate the state penalty assessment.”
— Cal. Penal Code § 1465.7(a) — 1 case
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