AB 540 — Revises provisions governing the distribution of the proceeds of certain administrative assessments. (BDR 14-1287)

A.B.Assembly Bill No.

540540–Committee Aon SSEMBLYWays Band ILLNMeans O.CHAPTER..........

540–COMMITTEE ON W AYS AND M EANS M AY 29, 2019 ____________ Referred to Committee on Ways and Means SUMMARY—Revises provisions governing the distribution of the proceeds of certain administrative assessments.

(BDR 14-1287) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Executive Budget.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Under existing law, a person who pleads or is found guilty or guilty but mentally ill of a misdemeanor is required to pay an administrative assessment in additionproceeds toof anythose otherassessments penaltymust imposedbe bydeposited in the justiceState orGeneral judge.Fund andhe distributed to the Office of Court Administrator to allocate for certain prescribed uses.

A portion of the distributed to the Office of Court Administrator to allocate for certain prescribed uses.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *AB540* – 2 – Fine Assessment $5 to $49......................................................................

$30 50 to 59..........................................................................

45 60 to 69..........................................................................

50 70 to 79..........................................................................

55 80 to 89..........................................................................

60 90 to 99..........................................................................

65 100 to 199......................................................................

75 200 to 299......................................................................

85 300 to 399......................................................................

95 400 to 499....................................................................

105 500 to 1,000.................................................................

120 If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include - 80th Session (2019) – 2 – in the sentence the amount of the administrative assessment that corresponds with the fine for which the defendant would have been responsible as prescribed by the schedule in this subsection.

The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but money collected for an administrative assessment must be taxedstatede againstseparately on the defendantcourt’s indocket additionand tomust be included in the fine.amount posted for bail.

Thet money collected for an administrative assessment must be stated posted for bail.

The city treasurer shall distribute partially collected administrative Theessmcountyn actreasurerwishalle rdistributes partiallytiocollected administrative assessments in accordance with the requirements of subsection 5.6.

- *AB540* – 3 – The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

Any money remaining in the special account after 2 fiscal years must be - 80th Session (2019) – 3 – deposited in the county general fund if it has not been committed for expenditure.

The city treasurer shall provide, upon request by a municipal court, monthly reportsspecial of the revenue fund.e credited to and expenditures made from the spe(c)(c) Five dollars to the State Controller for credit to the State General Fund.

(d) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund for distribution as provided in subsection 8.

(b) Seven dollars for credit to a special revenue fund for the use of the justice courts.

Any money remaining in the special revenue use fund after 2 fiscal years must be deposited in the county general - *AB540* – 4 – fund if it has not been committed for expenditure.

The money apportioned to a juvenile court, a justice court or a municipal court pursuant to this section must be used, in addition - 80th Session (2019) – 4 – to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both.

8.pursuant to paragraph (d) of subsection 5 and paragraph (d) ofd subsection 6, the State Controller shall distribute the money received to the following public agencies in the following manner:

Of(a) the total amount deposited in the State General Fund pursuant to paragraph (d) of subsection 5 and paragraph (d) of subsection 6, the State Controller shall distribute the money rec(a) Not less than 51 percent to the Office of Court Administrator for allocation as follows:

(1) [Thirty-six] Forty-six and [one-half] three-quarters percent of the amount distributed to the Office of CourtartersCourt Administrator for:

(4)Court TwelveAdministrator percentfor the provision of thespecialty amountcourt distributedprograms.of to(b) theNot Officemore ofthan Court49 Administratorpercent formust be used to the provisionextent of specialtylegislative courtauthorization programs.for the support of: