11372.5
. (a) Every person who is convicted of a violation of
Section 11350, 11351, 11351.5, 11352, 11355, 11358, 11359, 11361,
11363, 11364, 11368, 11375, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, 11380, 11380.5, 11382, 11383, 11390, 11391, or 11550 or
subdivision (a) or (c) of Section 11357, or subdivision (a) of
Section 11360 of this code, or Section 4230 of the Business and
Professions Code shall pay a criminal laboratory analysis fee in the
amount of fifty dollars ($50) for each separate offense. The court
shall increase the total fine necessary to include this increment.
With respect to those offenses specified in this subdivision for
which a fine is not authorized by other provisions of law, the court
shall, upon conviction, impose a fine in an amount not to exceed
fifty dollars ($50), which shall constitute the increment prescribed
by this section and which shall be in addition to any other penalty
prescribed by law.
(b) The county treasurer shall maintain a criminalistics
laboratories fund. The sum of fifty dollars ($50) shall be deposited
into the fund for every conviction under Section 11350, 11351,
11351.5, 11352, 11355, 11358, 11359, 11361, 11363, 11364, 11368,
11375, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380,
11380.5, 11382, 11383, 11390, 11391, or 11550, subdivision (a) or (c)
of Section 11357, or subdivision (a) of Section 11360 of this code,
or Section 4230 of the Business and Professions Code, in addition to
fines, forfeitures, and other moneys which are transmitted by the
courts to the county treasurer pursuant to Section 11502. The
deposits shall be made prior to any transfer pursuant to Section
11502. The county may retain an amount of this money equal to its
administrative cost incurred pursuant to this section. Moneys in the
criminalistics laboratories fund shall, except as otherwise provided
in this section, be used exclusively to fund (1) costs incurred by
criminalistics laboratories providing microscopic and chemical
analyses for controlled substances, in connection with criminal
investigations conducted within both the incorporated or
unincorporated portions of the county, (2) the purchase and
maintenance of equipment for use by these laboratories in performing
the analyses, and (3) for continuing education, training, and
scientific development of forensic scientists regularly employed by
these laboratories. Moneys in the criminalistics laboratory fund
shall be in addition to any allocations pursuant to existing law. As
used in this section, "criminalistics laboratory" means a laboratory
operated by, or under contract with, a city, county, or other public
agency, including a criminalistics laboratory of the Department of
Justice, (1) which has not less than one regularly employed forensic
scientist engaged in the analysis of solid-dose controlled
substances, and (2) which is registered as an analytical laboratory
with the Drug Enforcement Administration of the United States
Department of Justice for the possession of all scheduled controlled
substances. In counties served by criminalistics laboratories of the
Department of Justice, amounts deposited in the criminalistics
laboratories fund, after deduction of appropriate and reasonable
county overhead charges not to exceed 5 percent attributable to the
collection thereof, shall be paid by the county treasurer once a
month to the Controller for deposit into the state General Fund, and
shall be excepted from the expenditure requirements otherwise
prescribed by this subdivision.
(c) The county treasurer shall, at the conclusion of each fiscal
year, determine the amount of any funds remaining in the special fund
established pursuant to this section after expenditures for that
fiscal year have been made for the purposes herein specified. The
board of supervisors may, by resolution, assign the treasurer's duty
to determine the amount of remaining funds to the auditor or another
county officer. The county treasurer shall annually distribute those
surplus funds in accordance with the allocation scheme for
distribution of fines and forfeitures set forth in Section 11502.