(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.
Notes of Decisions
Cited in
449
cases (
199 in the last 5 years), 2004–2026 · leading case:
People v. Santos, 38 Cal. App. 5th 923 (Cal. Ct. App. 2019).
People v. Santos, 38 Cal. App. 5th 923 (Cal. Ct. App. 2019).
· cites it 7× “The trial court instead imposed a restitution fine of $300, plus an additional, suspended parole revocation fine of $300 ( Pen.”
People v. Dueñas, 30 Cal. App. 5th 1157 (Cal. Ct. App. 2019).
· cites it 3× “The Court Facilities and Court Operations Assessments Must Be Subject to an Ability to Pay Determination A.”
People v. Castellano, 33 Cal. App. 5th 485 (Cal. Ct. App. 2019).
· cites it 2× “Code, § 70373 ); a $40 court operations assessment ( Pen. Code, § 1465.8 ); a $50 criminal laboratory analysis fee ( Health & Saf.”
People v. Sharret, 191 Cal. App. 4th 859 (Cal. Ct. App. 2011).
· cites it 4× “As to count 1, the trial court also orally imposed a $30 court security fee (Pen. Code, § 1465.8, subd. (a)(1)) and a $30 court facilities assessment (Gov.”
People v. Woods, 191 Cal. App. 4th 269 (Cal. Ct. App. 2010).
· cites it 3× “4, subdivision (b)(1) restitution fine; and the $30 Penal Code section 1465.8, former subdivision (a)(1) court security fee.”
People v. Alford, 171 P.3d 32 (Cal. 2007).
· cites it 2× “Penal Code section 1465.8, subdivision (a)(1) [1] requires the imposition of a $20 court security fee "on every conviction for a criminal offense.”
People v. Jones, 36 Cal. App. 5th 1028 (Cal. Ct. App. 2019).
“(a)(1) ) and a $40 court operations assessment (Pen. Code, § 1465.8, subd. (a)(1) ), both of which "shall be imposed on every conviction for a criminal offense" subject to exceptions not applicable here.”
People v. Sencion, 211 Cal. App. 4th 480 (Cal. Ct. App. 2012).
· cites it 2× “Defendant contends however, and we agree, that the abstract of judgment must be corrected to reflect that the sentence on count 2 runs concurrent with the sentence on count 1.”
People v. Crittle, 154 Cal. App. 4th 368 (Cal. Ct. App. 2007).
· cites it 2× “In the published portions of this opinion, we conclude that (1) a $20 court security fee (Pen. Code, § 1465.8) must be imposed based on a conviction for which punishment has been stayed pursuant to Penal Code section 654, and (2) a $10 crime prevention fine (Pen.”
People v. Trujillo, 340 P.3d 371 (Cal. 2015).
“1), a $40 court security fee (Pen. Code, § 1465.8), and a $30 criminal conviction assessment fee (Gov.”
People v. Fleury, 182 Cal. App. 4th 1486 (Cal. Ct. App. 2010).
· cites it 2× “nonpunitive purpose, the court relied on the following: (1) the stated purpose of the fee—“ ' “[t]o ensure and maintain adequate funding for court security” ’ ”—is nonpunitive; (2) the fee is not imposed merely on persons convicted of a crime, but also when a traffic violation…”
People v. Phillips, 186 Cal. App. 4th 475 (Cal. Ct. App. 2010).
· cites it 3× “) Penal Code section 1465.8 became operative on August 17, 2003, shortly after the *478 defendant committed a robbery but before he was convicted.”
Cal. Penal Code § 1465.8(a)(1): 1 case
Cal. Penal Code § 1465.8(b): 1 case
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