Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE CHARLES R. MACK, YOLO COUNTY COUNSEL, has requested an opinion on the following question: Does the $200 fee paid by a person granted probation for a crime of domestic violence constitute a "fine, penalty, or forfeiture" to which penalty assessment provisions apply? CONCLUSION The $200 fee paid by a person granted probation for a crime of domestic violence does not constitute a "fine, penalty, or forfeiture" to which penalty assessment provisions apply. ANALYSIS Penal Code section 1464 1 provides that "there shall be levied a state penalty . . . upon every fine, penalty or forfeiture imposed and collected by the courts for criminal offenses. . . ." Government Code section 76000 is similar, but applies to counties: "In each county there shall be levied an additional penalty . . . upon every fine, penalty or forfeiture imposed and collected by the courts for criminal offenses. . . ." The effect of these two statutes is to levy a penalty assessment of approximately 170 percent upon the amount of any "fine, penalty, or forfeiture." 2 The question we are asked to resolve is whether the payment of…