Pen. Code, § 1464 · Chapter 1. Proceedings in Misdemeanor and Infraction Cases
Pen. Code, § 1464
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) (1) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.
(2) Any bail schedule adopted pursuant to Section 1269b or bail schedule adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the surcharge authorized by Section 1465.7, for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine.
(3) The penalty imposed by this section does not apply to the following:
(A) Any restitution fine.
(B) Any penalty authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code.
(C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7.
(b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension.
(c) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this section shall also be returned.
(d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family.
(e) After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code shall be deposited in the appropriate county fund and 70 percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and 30 percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county.
(f) Notwithstanding any other law, the Director of Finance shall provide a schedule to the Controller for all transfers of funds made available by the Budget Act from the State Penalty Fund in the current fiscal year.
(g) Upon the order of the Department of Finance, sufficient funds may be transferred by the Controller from the General Fund for cashflow needs of the State Penalty Fund. A cashflow loan made pursuant to this provision shall be short term and does not constitute a General Fund expenditure. A cashflow loan and the repayment of a cashflow loan does not affect the General Fund reserve.
Notes and commentary — not statutory text
History
Amended by Stats. 2017, Ch. 17, Sec. 34. (AB 103) Effective June 27, 2017.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1464.
- Text hash
- sha256 dfba800093730a277e2456f678937d8472021f9faec7020df8e89adabd269347
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
Penal Code
Cited by 41 provisions
Provisions in this library whose text cites Pen. Code, § 1464. Each shows the citation as that text prints it.
Government Code
- Gov. Code, § 70372Printed as Section 1464 of the Penal Code
- Gov. Code, § 70373Printed as Section 1464 of the Penal Code
- Gov. Code, § 76000Printed as Section 1464 of the Penal Code
- Gov. Code, § 76000.5Printed as Section 1464 of the Penal Code
- Gov. Code, § 76104.6Printed as Section 1464 of the Penal Code
- Gov. Code, § 76104.7Printed as Section 1464 of the Penal Code
- Gov. Code, § 77201Printed as Sections 1463.001 and 1464 of the Penal Code
- Gov. Code, § 77201.1Printed as Sections 1463.001, 1463.07, and 1464 of the Penal Code
- Gov. Code, § 77205Printed as Sections 1463.001 and 1464 of the Penal Code
Health and Safety Code
Penal Code
- Pen. Code, § 243.83Printed as Section 1464 or 1465.7 of this code
- Pen. Code, § 308Printed as Section 1464
- Pen. Code, § 311.12Printed as Sections 1464 and 1465.7 of this code
- Pen. Code, § 416Printed as Section 1464
- Pen. Code, § 832.6Printed as Section 1464
- Pen. Code, § 1202.4Printed as Section 1464 | Sections 1464 and 1465.7 of this code
- Pen. Code, § 1203.1Printed as Section 1464
- Pen. Code, § 1463Printed as Section 1464
- Pen. Code, § 1463.11Printed as Sections 1463 and 1464 | Sections 1463 and 1464 of this code
- Pen. Code, § 1463.12Printed as Sections 1463 and 1464 of this code
- Pen. Code, § 1463.13Printed as Section 1463 or 1464 of the Penal Code
- Pen. Code, § 1463.27Printed as Section 1463 or 1464
- Pen. Code, § 1464.05Printed as Section 1464
- Pen. Code, § 1465.7Printed as Section 1464 | Section 1464 of the Penal Code
- Pen. Code, § 1465.8Printed as Section 1464
Vehicle Code
- Veh. Code, § 22511.55Printed as Section 1464 of the Penal Code
- Veh. Code, § 22511.59Printed as Section 1464 of the Penal Code
- Veh. Code, § 23645Printed as Section 1464 of the Penal Code
- Veh. Code, § 23649Printed as Section 1463 or 1464 of the Penal Code
- Veh. Code, § 27315.3Printed as Section 1464 of the Penal Code
- Veh. Code, § 40310Printed as Section 1464 of the Penal Code
- Veh. Code, § 40519Printed as Section 1464 of the Penal Code
- Veh. Code, § 40521Printed as Section 1464 of the Penal Code
- Veh. Code, § 40611Printed as Section 1464 of the Penal Code
- Veh. Code, § 42008.5Printed as Section 1464 of the Penal Code
- Veh. Code, § 42008.7Printed as Section 1464 of the Penal Code
- Veh. Code, § 42008.8Printed as Section 1464 of the Penal Code
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