AB 385

This bill allows a circuit court or a municipal court to order a person who

violates an ordinance that is the same as or similar to a criminal statute to make a

contribution surcharge to certain qualifying organizations (crime prevention

organizations). The bill also allows a circuit court in a criminal action to require a

person who is found guilty of a crime to make a contribution surcharge in lieu of or

in addition to a fine or certain court costs or, if the court places the person on

probation, as a condition of probation.

Under the bill, a court that requires a contribution surcharge must determine

that the person has the financial ability to make the contribution and, in a forfeiture

case, the amount of the surcharge may not exceed the maximum amount of the

forfeiture for the violation. In a criminal case, the court must also determine that

the contribution is appropriate under the facts of the case.

Under the bill, if a court imposes a contribution surcharge but does not require

the person to pay a forfeiture, fine, or court costs, the court shall state on the record

the reasons why it is not requiring the person to pay the forfeiture, fine, or court costs.

Under the bill, a crime prevention organization may be a private, nonprofit

organization that has as its primary purpose preventing crime, encouraging the

public to report crime, or assisting law enforcement agencies in the apprehension of

criminal offenders or a law enforcement agency that has a crime prevention fund, if

the contribution is credited to the crime prevention fund and is used for crime

prevention purposes. The bill requires any crime prevention organization that

receives a contribution surcharge to submit a report annually to the clerk of the court

that ordered the contribution. The report must list the names of the officers of the

organization, the amount of contributions the organization received and the names

of the contributors, how the contributions were spent, and the balance, if any,

remaining at the time the report is made.