Section 1463.14 Of Chapter 1. Proceedings In Misdemeanor And Infraction Cases From California Penal Code >> Title 11. >> Part 2. >> Chapter 1.
1463.14
. (a) Notwithstanding the provisions of Section 1463, of the
moneys deposited with the county treasurer pursuant to Section 1463,
fifty dollars ($50) of each fine collected for each conviction of a
violation of Section 23103, 23104, 23105, 23152, or 23153 of the
Vehicle Code shall be deposited in a special account that shall be
used exclusively to pay for the cost of performing for the county, or
a city or special district within the county, analysis of blood,
breath or urine for alcohol content or for the presence of drugs, or
for services related to that testing. The sum shall not exceed the
reasonable cost of providing the services for which the sum is
intended.
On November 1 of each year, the treasurer of each county shall
determine those moneys in the special account that were not expended
during the preceding fiscal year, and shall transfer those moneys
into the general fund of the county. The board of supervisors may, by
resolution, assign the treasurer's duty to determine the amount of
money that was not expended to the auditor or another county officer.
The county may retain an amount of that money equal to its
administrative cost incurred pursuant to this section, and shall
distribute the remainder pursuant to Section 1463. If the account
becomes exhausted, the public entity ordering a test performed
pursuant to this subdivision shall bear the costs of the test.
(b) The board of supervisors of a county may, by resolution,
authorize an additional penalty upon each defendant convicted of a
violation of Section 23152 or 23153 of the Vehicle Code, of an amount
equal to the cost of testing for alcohol content, less the fifty
dollars ($50) deposited as provided in subdivision (a). The
additional penalty authorized by this subdivision shall be imposed
only in those instances where the defendant has the ability to pay,
but in no case shall the defendant be ordered to pay a penalty in
excess of fifty dollars ($50). The penalty authorized shall be
deposited directly with the county, or city or special district
within the county, that performed the test, in the special account
described in subdivision (a), and shall not be the basis for an
additional assessment pursuant to Section 1464, or Chapter 12
(commencing with Section 76010) of Title 8 of the Government Code.
For purposes of this subdivision, "ability to pay" means the
overall capability of the defendant to pay the additional penalty
authorized by this subdivision, taking into consideration all of the
following:
(1) Present financial obligations, including family support
obligations, and fines, penalties, and other obligations to the
court.
(2) Reasonably discernible future financial position over the next
12 months.
(3) Any other factor or factors that may bear upon the defendant's
financial ability to pay the additional penalty.
(c) The Department of Justice shall promulgate rules and
regulations to implement the provisions of this section.