2007 California Vehicle Code Article 1. Fines And Forfeitures

CA Codes (veh:42200-42205)

VEHICLE CODE
SECTION 42200-42205



42200.  (a) Of the total amount of fines and forfeitures received by
a city under Section 1463 of the Penal Code that proportion which is
represented by fines and forfeitures collected from any person
charged with a misdemeanor under this code following arrest by an
officer employed by a city, shall be paid into the treasury of the
city and deposited in a special fund to be known as the "Traffic
Safety Fund," and shall be used exclusively for official traffic
control devices, the maintenance thereof, equipment and supplies for
traffic law enforcement and traffic accident prevention, and for the
maintenance, improvement, or construction of public streets, bridges,
and culverts within the city, but the fund shall not be used to pay
the compensation of traffic or other police officers.  The fund may
be used to pay the compensation of school crossing guards who are not
regular full-time members of the police department of the city.
   (b) For purposes of this section, "city" includes any city, city
and county, district, including any enterprise special district,
community service district, or county service area engaged in police
protection activities as reported to the Controller for inclusion in
the 1989-90 edition of the Financial Transactions Report Concerning
Special Districts under the heading of Police Protection and Public
Safety, authority, or other local agency (other than a county) which
employs persons authorized to make arrests or to issue notices to
appear or notices of violation which may be filed in court.



42201.  (a) Of the total amount of fines and forfeitures received by
a county under Section 1463.001 of the Penal Code, fines and
forfeitures collected from any person charged with a misdemeanor
under this code following arrest by any officer employed by the state
or by the county shall be paid into the general fund of the county.
However, the board of supervisors of the county may, by resolution,
provide that a portion thereof be transferred into the  road fund of
the county.
   (b) The board of supervisors of a county may enter into a contract
with the Department of the California Highway Patrol for the purpose
of providing adequate protection for school pupils who are required
to cross heavily traveled streets, highways, and roadways in the
unincorporated areas of the county.  When requested, the Department
of the California Highway Patrol may provide such service and the
county shall reimburse the state for salaries and wages of crossing
guards furnished by the Department of the California Highway Patrol
pursuant to such contract, including any necessary retirement and
general administrative costs and expenses in connection therewith,
and may pay the costs thereof from amounts deposited in the road fund
pursuant to this section.
   (c) Fines and forfeitures received by a county under Section
1463.001 of the Penal Code may be used to pay the compensation of
school crossing guards and necessary equipment costs and
administrative costs.
   (d) When requested by any county which had in effect on June 30,
1979, a contract with the Department of the California Highway
Patrol, to provide protection for school pupils at school crossings,
the department upon request of a county shall continue to administer
such school crossing program until June 30, 1980.  The county shall
reimburse the Department of the California Highway Patrol for general
administrative costs and expenses in connection therewith, except
that, effective January 1, 1980, the crossing guards shall be
furnished to the California Highway Patrol and such crossing guards
shall be employees of the county, the county superintendent of
schools, the affected school districts, or both the superintendent
and the affected school districts, at the option of the board of
supervisors of the county.  Any salaries and wages of crossing
guards, including necessary retirement and equipment costs and any
administrative costs shall be paid or reimbursed by the county from
amounts deposited in the road fund pursuant to this section.
   (e) The board of supervisors may adopt standards for the provision
of school crossing guards.  The board has final authority over the
total cost of the school crossing guard program of any agency to be
paid or reimbursed from amounts deposited in the road fund pursuant
to this section.  The board of supervisors may specify that a
designated county officer, employee, or commissioner is to hire
school crossing guards, or, in the alternative, the board may specify
that any school district crossing guard program in unincorporated
areas shall be maintained by the school districts desiring the
program.



42201.1.  Fines and forfeitures received by a county under Section
1463 of the Penal Code may be used to reimburse the state for the
construction of platform scales and vehicle inspection facilities in
the county.


42201.5.  Fines, forfeitures, and deposits of bail collected as a
result of a charge or conviction of an infraction shall be deposited
and distributed in the same manner as fines, forfeitures, and
deposits of bail collected from a person charged with or convicted of
a misdemeanor.



42201.6.  (a) A deposit of bail received with respect to an
infraction violation of this code, or any local ordinance adopted
pursuant to this code, including, but not limited to, a violation
involving the standing or parking of a vehicle, shall be refunded by
the agency which issued the notice of violation or the court within
30 days of a cancellation, dismissal, or finding of not guilty of the
offense charged.
   (b) Multiple or duplicate deposits of bail or parking penalty
shall be identified by the court or agency and refunded within 30
days of identification.
   (c) Any amount to be refunded in accordance with subdivision (a)
or (b) shall accrue interest, at the rate specified in Section 3289
of the Civil Code, on and after the 60th day of a cancellation,
dismissal, or finding of not guilty or identification of multiple or
duplicate deposits, and shall be refunded as soon as possible
thereafter along with accrued interest.



42202.  Failure, refusal, or neglect on the part of any judicial or
other officer or employee receiving or having custody of any fine or
forfeiture mentioned in this article either before or after deposit
in the respective fund to comply with the foregoing provisions of
this article is misconduct in office and ground for removal
therefrom.



42203.  Notwithstanding Section 42201 or 42201.5, 50 percent of all
fines and forfeitures collected in a superior court upon conviction
or upon the forfeiture of bail for violations of any provisions of
the Vehicle Code, or of any local ordinance or resolution, relating
to stopping, standing, or parking a vehicle, that have occurred upon
the premises of facilities physically located in such county, but
which are owned by another county, which other county furnishes law
enforcement personnel for the premises, shall be transmitted pursuant
to this section to the county which owns the facilities upon which
the violations occurred.  The court receiving such moneys shall, once
each month, transmit such moneys received in the preceding month to
the county treasurer of the county in which the court is located.
Once each month in which the county treasurer receives such moneys,
the county treasurer shall transmit to the county which owns such
facilities an amount equal to 50 percent thereof.  The county owning
such facilities shall, upon receipt of such moneys from the superior
court of the county in which the facilities are physically located,
deposit such moneys in its county treasury for use solely in meeting
traffic control and law enforcement expenses on the premises upon
which the violations occurred.
   This section shall not apply when the county in which such
facilities are located performs all law enforcement functions with
respect to such facilities.



42204.  Notwithstanding any other provisions of law, all fines and
forfeitures collected for violations of Division 16.5 (commencing
with Section 38000) shall be deposited in the  appropriate fund in
the county where the violation occurred and distributed in the same
manner as specified in Section 42201.5, and shall be used for
enforcing laws related to the operation of off-highway motor
vehicles.



42205.  (a) Notwithstanding Chapter 3 (commencing with Section
42270), the department shall file, at least monthly with the
Controller, a report of money received by the department pursuant to
Section 9400 for the previous month and shall, at the same time,
remit all money so reported to the Treasurer.  On order of the
Controller, the Treasurer shall deposit all money so remitted into
the State Highway Account in the State Transportation Fund.
   (b) The Legislature shall appropriate from the State Highway
Account in the State Transportation Fund to the department and the
Franchise Tax Board amounts equal to the costs incurred by each in
performing their duties pursuant to Article 3 (commencing with
Section 9400) of Chapter 6 of Division 3.  The applicable amounts
shall be determined so that the appropriate costs for registration
and weight fee collection activities are appropriated between the
recipients of revenues in proportion to the revenues that would have
been received individually by those recipients if the total fee
imposed under the Vehicle License Fee Law (Part 5 (commencing with
Section 10701) of Division 2 of the Revenue and Taxation Code) was 2
percent of the market value of a vehicle.  The remainder of the funds
collected under Section 9400 and deposited in the account may be
appropriated to the Department of Transportation, the Department of
the California Highway Patrol, and the Department of Motor Vehicles
for the purposes authorized under Section 2 of Article XIX of the
California Constitution.

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