HomeMy WebLinkAboutMINUTES - 09222015 - C.64RECOMMENDATION(S):
APPROVE and AUTHORIZE the Auditor-Controller to establish new fund number 115400, "Obscene
Matter-Minors" as required by California Penal Code, within Agency 22, for the deposit of fines collected on
violations of offenses relating to obscene matter involving minors, in which the violation is committed on or via
government property or equipment.
FISCAL IMPACT:
Since AB 20, Statutes of 2013, went into effect, a total of $100 has been collected and distributed by the Superior
Court to the County pursuant to Penal Code section 311.12. The statute does not require this fund to be
interest-bearing, therefore, all interest earnings will be credited to the County General Fund.
BACKGROUND:
AB 20, Statutes of 2013, provides that every person who is convicted of an offense that involves the production, use,
possession, control, advertising, transportation, or distribution of matter or image that depicts a person under 18 years
of age personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, in which
the violation is committed on, or via, a government-owned computer or via a government-owned computer network,
shall, in addition to any imprisonment or fine imposed for the commission of the underlying offense, be punished by
a fine not exceeding two thousand dollars ($2,000), unless the court determines that the defendant does not have the
ability to pay. The bill provides that revenue from any fines collected would be transferred for deposit into a county
fund established for that purpose and allocated as follows:
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/22/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Julie DiMaggio Enea
925.335.1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: September 22, 2015
, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc: Auditor-Controller, County Finance Director, CAO-Justice, CAO-Originator
C. 64
To:Board of Supervisors
From:David Twa, County Administrator
Date:September 22, 2015
Contra
Costa
County
Subject:ESTABLISH NEW FUND TO ACCOUNT FOR FINES COLLECTED ON CONVICTIONS RELATED TO
OBSCENE MATTER INVOLVING MINORS
BACKGROUND: (CONT'D)
(1) One-third for sexual assault investigator training .
(2) One-third for public agencies and nonprofit corporations that provide shelter, counseling, or other direct services
for victims of human trafficking .
(3) One-third for multi-disciplinary teams.
Approval of this Board Order will provide the necessary direction to the County Auditor's Office to establish the fund
as required.
CONSEQUENCE OF NEGATIVE ACTION:
If the County does not establish the new fund, it will not be in compliance with State law with respect to accounting
for collections pursuant to Penal Code section 311.12.
CHILDREN'S IMPACT STATEMENT:
This action supports the following children's outcome: Communities that are Safe and Provide a High Quality of Life
for Children and Families.