HomeMy WebLinkAboutAGENDA REPORT 1990 1121 CC REG ITEM 11E MOORPARK
- .1-1-1 ter--
BERNARDO M. PEREZ ,PK O STEVEN KUENY I . v
Mayor i..CORPARK, CALiFORNH opo AOo City Manager
SCOTT MONTGOMERY City Council Meeting r o, CHERYL J. KANE
Mayor Pro Tern / City Attorney
ELOISE BROWN of l/7 1 •/z-A t ,MOORPARK, CALIFORN aPATRICK RICHARDS, A.I.C.P.
Councilmember ACTION: /L di. . .': ilia e City Counc Meeling Director of
CLINT HARPER, Ph.D. °.. ," of / 199 Community Development
Councilmember /�/0V/ 9,Eo "` R. DENNIS DELZEIT
PAUL W. LAWRASON,Jr. ,s����y„ ACTION: .i//, ,r , City GILLESPIEEnginer
Councilmember / ' JOHN V. Police
LILLIAN KELLERMAN y Chief of Police
City Clerk dy Ara• �cWRICHARD T. HARE
City Treasurer
TO: c miO 1 BL.� '` ( ) :.
I� ��3� MOORPARK. CAUFORNIA
FRoM: R_ CHAR r huDRIGUL EUTRNANi. Cifyc IMeofing
of // ` 199 0
UATB: OCTOBER 29, 1990
/ ACTION: / ' eSL(LJEC'i: EMERGENCY_ RESPONSE S? ONo COST RECOVERY.Y P_OGRAM C Pir
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`7 V 2dti`
BACKGROUND
Until recently, public agencies had been restricted from
attempting to recover the costs incurred in responding to an
emergency incident . In 1925 , the Governor sigflee SB 795 ,
introduced oduCed by Senator Royce . This legislation became effective
in January. 1986 a, d allowed local governmental agencies to
recover up to $500 . 00 from cert:aiIIindividuals -ICI': the costs J
providing services as a result t or an emergency response .
In 1987 . the legislature amended the Government Code to increase
;he %:P.t'unt recoverable ,._ $1 , 000 . 00 . This c,h tm,e in too
legislation now makes it fiscally practical for public agencies
to recover costs incurred when. responding to alcohol/drug
related. traffic accidents_
Article 5 ( commending with Sectiun. 53150 ) of Chapter 1 of Parc .
of Division 2 of the Government Code providyss the authority
for the recovery of these incurred costs. Section 59150 reads:
Any 1 - son who is under the influence of an alcoholic
.:t.:
beverage or any drug• or the combined inf !uence of an
alcoholic beverage and any drug, whose neglgent cremation
of a motort,Eh_"1. . caused by that influence proximately
caused d any incident resulting in an appropm ate emergency
response . and any person whose intentionally \ ton, rum
conduct proximately causes any incident resulting in a..
appropriate emergency response , i.. liable forhe expense of
an e * o c i response bypublic a ub is agen '.yto the incident .
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
Section 53151 reads as follows:
The expense of an emergency response shall be a charge
against the person liable for expenses under this article _
The charge constitutes a debt of that person and is
collectible by the public agency incurring those costs in
the same mariner as in the case if an obligation under
contract , expressed or implied , except tat liability for the
expenses provided for in this article shall not be insurable
and no insurance policy shall provide or pay for the
expenses_
Section 53155 establishes the limit of liability and reads :
In no event shall a person liability under this article
for this expense of an emergency response exceed one
thousand dollars ($1 , 000 . 00 ) for a particular incident .
Section 53156 defines emergency response and reads in part :
( a ) Expense of an emergency response' means reasonable
costs incurred by a public agency in reasonably making an
appropriate emergency response to the incident , hut shall
only include those costs directly arising because of the
response to the particular incident _ Reasonable costs shah
include the costs of providing police . firefighting, rescue,
and emergency medical services at the scene of the incident ,
as well as the salaries of the -personnel responding to the
incident .
DISCUSSION
Numerous police agencies throughout the state are presently
billing. driving under the influence ( DUI ) arrestees involved in
traffic accidents and recovering costs behind the authority of
the Government Code . Staff has contacted several police
agencies including the California Highway Patrol. , Anaheim,
Downey, El Segundo, Compton and Oxnard Police Departments, in
reviewing various programs currently in place .
The Government Code states that the presumption of DUI is the
same as in Vehicle Code Sections 23152 and 23155 . Since the
Government Code does not specifically require a conviction of
guilt before incurring the liability. some agencies bill the DUI
arrestee. 's immediately following their arrest . Others bill
after a criminal. complaint has been filed . Subsequently,
billing invoices are forwarded to their respective fiscal
offices for 1ecording and tracking_ Cr.her agencies forward the
necessary documentation directly to their fiscal office to
initiate the invoicing process.
, a
Procedurally , the police agency cracks staff time and supplies
expended from the arrival at the call until the reports are
concluded. The governmental agency then bills the liable part.
If the bill is not paid in a reasonable time , the governmental
agency has the option to forward the billing to the:: city
collections department , refer it to an outside collection
agency, take the driver to Small Claims Court or do nothing and
make no further effort collect the debt . The City of Oxnard is
experiencing approximately a 513 percent costs recovery without
proceeding to a collection agency or the Court . On an average
most agencies are experiencing about a 35 - 40 percent recovery
rate priorto sending the bill
to outside collection .
Agencies vary on what constitutes an emergency response as it
relates to what violations or incidents are billed. Most
agencies interpreted the law to intend thatonly accidents,
where driving. fIJI was the cause , are recoverable . Other
agencies look at this more broadly to include any incident where
an emergency res;�onse ( lights and siren ) were required .
As identified previously , Government Code Section 53150 reads in
part ; and any person whose intentionally wrongful conduct
proximately causes any incident resulting in an approximate
emergency response , :.s liable for the expense of an emergency
response by a public agency. In addition Section 53156 reads in
part ; ( a) -Expense of an emergency response- means reasonable
costs incurred by a public agency in reasonably making a
appropriate emergency response to the incident , but shall only
include those costs directly arising because of the response to
the particular incident . _ . _ . This broader interpretation of
the legislation would seem Co be the vehicle= by which the City
of Moorpark may pursue the recovery of .sail booking fees that
will soon be imposed on the cities by the County of Ventura .
There have been subsequent amendments to the legislation to
allow the Court to consider whether the defendant shall be
required, as a condition or probation, to make restitution to
the public agency for the cost of emergency response . in April_
of 1989, the Ventura County Municipal i adopted Court formally ado �t ed a
procedure for ordering defendants to pay for emergency
responses_
The procedure adopted by the Court, is consistent with the intent
of the legislation in providing a method for recovering the
costs incurred by negligent actions of those individuals who
drive while under the influence of alcohol and/or drugs. The
recovery tate to the governmental agency should be much better
behind restitution as a condition of probation than the
aforementioned billing recovery rate .
This procedure applies to driving under the influence accidents
only. It does not afford the city an opportunity to attempt to
recover costs for other types of emergency responses.
Locally. City of Santa Paula and the City of Oxnard have relied
on the authority of the Government Code for billingrecover
emergency police response costs_ Oxnard has been billing for
about three years_ Oxnard did not pass a local resolution for
authority to recover these c.osts since authority is granted by
the Government Code . The city's finance office processes all
invoices and proceeds civilly to collect debts due _ The City of
Santa Paula included this cost recovery within a resolution
encompassing a fee schedule for all city services _
Coincidentally, if the Court orders restitution to the
governmental agency for emergency costs. it merely expedites
payment of the debt . All restitution ordered by the Court for
emergency response is paid directly to the governmental agency
by the responsible party -
The City of Moorpark Police Department handled approximately 490
accidents in the 18 month period concluded in June 1990 . Of
these . 329 were non-injury, and the remaining .1.59 were accidents
involving injury.
An average of 2 . 9 staff hours are spent on each injury accident .
If the city determines that the Government Code will be broadly
interpreted and made use the same mechanism for restitution that
is being proposed for DOT cases , potential costs recovery would
be approximately $108 . 00 per accident. minutes( i511 X.
$00. 72/minute X 179 ) resulting in revenue of approximately
$17, 200. 00_
Staff also spends an average of 1 . 5 hours on each nen-injury
accident report costing approximately ly $64 . 80 per acciden`. ( 90
minutes X $00 . 72/minute X 3 _9 ) resulting in potential revenue of
approximately $21 , 300 _00 .
During' this same 14 month period the police department made
approximately 220 DiI arrests . Twenty-eight of these PUT
arrests were the result of traffic accidents_ Staff estimates
that approximately five hours are expended in processing each
DUI traffic accident . This could have resulted in revenue to
the City General. Fund of approximately $6, 000 . 00 .
Additionally, each major injury and/or fatal traffic accident
investigations averages 20-40 hours of staff time .
In response to the recent changes in the legi ;iation and the
Court's willingness to order restitution for emergency response
costs as a condition of probation, it is now fiscally practical
to recover this expenditure . The Sheriff Department has
implemented a procedure that has identified the following
responsibilities which the City and Sheriff's Department should
assume to implement this program:
Sheriff's Department. Responsibilities
I . Produce a document that will be completed by the traffic
investigator on DUI accidents listing:
A. Officer( s ) involved-
B. Time spent ( in minutes ) by each officer .
C. Materials used .
D. Any damage to governmental agency or officer's property
as a result of response , Le . , vehicles, uniforms ,
equipment . ( Fhi.s report will accompany the reports to
a supervisor for review, then to the city staff member
handling these cases ) .
II - Produce a document that will he completed by the patrol
supervisor/traffic supervisor reviewing the DUI accident
reports listing:
A. Information on the responsible party.
informationrepert number, date , time ,
B. Basic accident -e.ct -
C. Statement of cost .
( This document shall be sent to the identified person
in the contract city handling the fiscal deposition of
the case ) .
III . Stamp "Restitution" on the bottom of the criminal complaint
review form prior to review by the District Attorney .
A- Felony cases_
l . Shall be handled by the traflic unit _
S. Misdemeanor cases .
1 - Shall be handled by the court liaison officers.
Contract City Responsibilities
T_ . Acquire City Council approval to implement the program.
II . Determine if a city ordinance/resolution is required.
ill _ Provide to the County. Correction Services Agency (CSA)
the name of the contact person , department and telephone
number of the city staff person handling these cases_
Update as needed _
(This information should be sent to : Tom Forgea,
Corrections Services Agency, 1065 East Main Street ,
Ventura , California 93001 _ His telephone number is
653-7545 ) .
IV. Develop an invoice tracking system to follow each case to
its conclusion .
( Provide Corrections Services Agency with "Where to Pay-
instructions) .
ayinstructions ) .
V_ Handle all necessary tracking. notification , and parerwork
on each case after receipt from police .
As stated previously, this procedure ( of using the terms of
probation ) for recovering emergency response costs applies to
LUI acci.dent =. only . If the city desires to obtain cost recovery
on other types of emergency response expenditures it will need
to establish a parallel billing procedure for them to set up a
tracking method to follow the cases . If the city desires to
pursue this broader billing procedure Sheriff' s staff will
provide the necessary data, with minor changes. using the newly
produced reporting forms_
Staff has reviewed the :,overnment. Code and the Moorpark
Municipal. Code ( MMU) and does not believe an additional
resolution is necessary ssary to im(!iemen't this new billing. procedure .
MMD Chapter 3_ 24 deals with debt collection and states under
Section 3 . 24 _ 01(i :
A. The amount. of any fee . service charge , utility charge,
license or tax of any nature whatsoever imposed by this
code or by any other resolution, ordinance , rule ,
regulation or in any other fashion by the city shall he
deemed a civil debt owing. to the city.
Staff has also conferred with a representative from the city
attorney's office and received a concurring opinion, that
neither a resolution or ordinance is necessary' to implement this
billing procedure . All necessary authority presently exist
within the MMU and Government bode _
RECOMMENDATION
At this time staff would like the Honorable City Council to
consider implementithis cost recovery program and recommends
that the Council take the the following action
1 . Direct stato implm«: an internalaccounting system to
invoice and track debts due for emergency spoe costs.
x Direct staff to contact w6: Services Agency ' s staff
person es establish protocol forrecovering ery«z
response costs as a condition probation .
3. Determine whether the :yx should pursue recovery :t
emergency response costs onnon-DUI traffic accident
« If appropriate , direct f to implement a parallel
tracking system for the recovery of -other- e ramy
response costs.
COT-RRC
•
MOORPARK
BERNARDO M. PEREZ aK , STEVEN KUENY
Mayor oo" �� City Manager
SCOTT MONTGOMERY Fire CHERYL J.KANE
Mayor Pro Tern ����.+ City Attorney
ELOISE BROWN 01t'�. ai> PATRICK RICHARDS,A.I.C.P.
Councdgo.
member Director of
CLINT HARPER,Ph.D. � Community Development
Councilmember
^ R. DENNIS DELZEIT
PAUL W.LAWRASON,Jr. City Engineer
Councilmember JOHN V.GILLESPIE
LILLIAN KELLERMAN Chief of Police
City Clerk RICHARD T. HARE
City Treasurer
MEMORANDUM
TO: The Honorable City Council
FROM: Richard Hare, Deputy City Mana r
DATE: November 1, 1990
SUBJECT: Emergency Response Cost Recovery
Lt. Rodriguez has submitted a report on emergency response
cost recovery for your consideration at the November 7 , 1990
City Council meeting. The attached materials provide
additional background information regarding this subject.
Attachments Emergency Response Procedure
Restitution of DUI Accidents
Emergency Costs Form
Government Code Sections
Statutes
Restitution Orders
c: Steve Kueny, City Manager
Lt. Rodriguez
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
•
• Ag/ - '`
• JUDGES
1lcntur 1 TuuntQ Municipal (!Spurt
Charles W.Campbell, Jr..
HALL OF JUSTICE Bruce A. Clark
Q-��►'..,r --x+701
i 800 SOUTH VICTORIA AVENUE Lee E. Cooper,Jr.
-\1\r *f VENTURA, CALIFORNIA Herbert Curtis III
x cJ, (805) 654-2960/6542961 John E. Dobroth
Art Gutierrez
4° �P Steven Hintz
April 25, 1989 John J. Hunter
Barry B. Klopfer
Melling Address Ken W. Riley
P.O. Box 6489 John B. Smiley
Venture, CA 93006-6489
COMMISSIONER
John V. Paventi
TO: ALL LAW ENFORCEMENT AGENCIES
FROM: JOHN J. HUNTER
Presiding Judge of the Municipal Court
SUBJECT: EMERGENCY RESPONSE PROCEDURE
The Judges of the Ventura County Municipal Court have formally
adopted the following procedure for ordering defendants to `pay
for the use of emergency equipment by city, county and state
agencies. This procedure applies to driving under the influ-
ence accidents only.
EMERGENCY RESPONSE PROCEDURE
1. Law Enforcement Agency files complaint with District Attor-
ney. DDA reviews complaint and affixes the "RESTITUTION"
stamp (same procedure that is currently in place) . It is
not necessary to distinguish Emergency Response Restitution
from any other type of restitution, it is all handled the
same.
2. Court places defendant on probation and orders defendant to
pay as directed by the probation officer (same procedure
that is currently in place) .
3 . Clerk sends copy of probation order and police report to CLP
Unit (same procedure that is currently in place) .
4. Probatrant.Officer contacts all victims, including appropri-
ate city, county and state agencies.
NOTE: Each agency must provide the name of department,
contact person and telephone number for each agency. This
information should be sent to: Tom_ Forgea, Corrections
Services Agency, 1065 East Main Street, Ventura, California
93001. His telephone number is 652-7545. Each agency is
All Law Enforcement Agencies
April 25, 1989
Page 2
responsible for notifying the Corrections Services Agency
whenever the contact person changes. Each city will con-
tinue to have on hand the breakdown of the restitution
owed. If there is a hearing this would be provided at that
time.
5. Defendant is advised by letter of amount owed to victim
which is payable via CSA Collections (same procedure that is
currently in place) . This applies to "regular" restjtutior}
owed. Defendant is also advised of the amount of "Emergency
Response Restitution" that is owed to the city, county and
state agency, along with payment instructions. The
probation officer will also send -a copy of this letter to
the appropriate city, county or state agency.
NOTE: Each agency must provide the Corrections Services
Agency with "where to pay" 'instructions.
6-. Whenever a defendant is 45 days late with a payment, the
Corrections Services Agency should be notified by letter.
7. Each agency will have to develop a method of tracking pay-
ments. If a defendant fails to pay, they will have to gen-
erate a letter to the Probation Officer, including balance
owing, for a possible VOP. All letters would be sent to the
Corrections Services Agency in care of Mr. Forgea.
If you have any questions regarding this procedure, please con-
tact Linda Finn at 654-2607.
,AUTHORITY SECTIONS:
1203.1i PC - Restitution to Public Agency for Emergency Re-
sponse- Costs
53150 GC -- Negligent operation of motor vehicle; influence of
alcoholic beverage or drug; liability
53151 GC - Negligent operation of boat or vessel; influence
of alcoholic beverage or drug; liability
53152 GC - Negligent operation of civil aircraft; influence
of alcoholic beverage or drug; liability
53153 GC - Influence of alcoholic beverage or drug; inability
to operate motor vehicle, boat or vessel, or air-
craft; presumptions.
All Law Enforcement Agencies
April 25, 1989
Page 3
53154 GC - Charge against person liable; collection of debt;
insurance.
53155 GC - Limit on liability -- In no event shall a person's
liability under this article for the expense of an
emergency response exceed one thousand dollars
($1,000) for a particular incident.
53156 GC - Definitions.
JJH/cw
cc: All Municipal Court Judges
Sheila Gonzalez, Executive Officer
All Deputy Executive Officers
William Forden, Corrections Services Agency
All City Managers
4
i ..
4172,C 4/0024Yur
VENTURA COUNTY SHERIFF'S DEPARTMENT
EAST VALLEY DIVISION
/' �' ,`� I �l ° TRAINING BULLETIN NO. 89-13
JI/ RESTITUTION ON DUI ACCIDENTS
This procedure has been developed to afford our contract cities
the ability to recover costs, through probation restitution, on
emergency responses generated by Driving Under the Influence
Accidents.
When a traffic investigator (deputy) has determined that an
accident was caused by a driver that-was under the influence of
alcohol and/or drugs, then the following will be procedure:
A. Traffic Investigator's Responsibility
1. Complete the "Traffic Investigator's Form" (attached)
listing:
a. List number of officer(s) involved; this includes:
(1) traffic control
(2) first aid
(3) witness statements, etc.
b. Time spent, in minutes, by each officer.
c. Materials used
(1) flares
(2) first aid equipment, etc.
d. List any damage sustained to governmental agency or to
officer's personal property as a result of the
response.
2. Attach form to the completed reports for review and
approval.
3 . The reporting officer shall indicate in the accident
report whether the Fire Department responded.
The Traffic Investigator's Form will be available in the report
writing room.
This procedure takes effect immediately.
WH/tt
r � r
TO: Director of Finance DATE:
City of
FROM: Traffic Unit
City of
SUBJECT: D.U.I. ACCIDENT INFORMATION
Regarding Traffic Accident RB# Date/Time:
Reporting Officer
Traffic Investigator
The following person was arrested for D.U.I. regarding this accident:
(Name)
(Address)
(City) (State) (Zip)
STATEMENT OF COST
officers responded at a cost of $ . per minute for a
total of minutes. TOTAL: $
Materials Used:
No. of flares at $ each
Other $
TOTAL: $
TOTAL COST FOR THIS INCIDENT: $_
Sincerely,
(Name)
(Title)
-
. I
TRAFFIC INVESTIGATOR'S FORM
TO: Director of Finance DATE:
City of
FROM: Traffic Unit
City of
SUBJECT: D.Q.I./ACCIDENT RBA
The following is a breakdown of the time spent on this case:
OFFICER OFFICER
Time at Scene Time at Scene
Booking Time Booking Time
Report Time Report Time
OFFICER OFFICER
Time at Scene Time at Scene
Booking Time Booking Time
Report Time Report Time
OFFICER OFFICER
Time at Scene Time at Scene
Booking Time Booking Time
Report Time Report Time
MATERIALS
USED/DAMAGED:
Sincerely,
(Base)
(Title)
TO: Director of Finance DATE:
City of
FROM: Traffic Unit
City of
SUBJECT: D.U.I./ACCIDENT RB#
The following is a breakdown of the time spent on this case:
OFFICER OFFICER
Time at Scene Time at Scene
Booking Time Booking Time
Report Time Report Time
OFFICER OFFICER
Time at Scene Time at Scene
Booking Time Booking Time
Report Time Report Time
OFFICER OFFICER
Time at Scene Time at Scene
Booking Time Booking Time
Report Time Report Time
OFFICER OFFICER
Time at Scene Time at Scene
Booking Time Booking Time
Report Time Report Time
MATERIALS USED:
Sincerely.
(Name)
(Title)
•
f
s crry of
NAFDruiAgcRE
MO ii 13 PH 4: 5S
EMERGENCY RESPONSE
- ALCOHOL RELATED TRAFFIC COLLISIONS
GOVERNMENT CODE 53150
DR NO.`7 6--A0 774 FIRE EVENT NO..0-42"7° DATE 5-7- 90 TIME C A2 0
LOCATION SArrecd R-A OArt 6 xi .4114 g jrn
SUSPECT INFORMATION
NAME - - ADDRESS b+ S.1 AVE. OxP4A041 c- 9? at)
HOME PHONE 1•19N6. _ WORK PHONE L ' 0A.8 g' to-t°$
D.L. NO./STATE N‘1040411%.4
EMERGENCY PERSONNEL
POLICE OFFICERS EMP. NO. TIME /5:o0
IEgCr
FIRE PERSONNEL, EMP. NO. TIME SHOP NO.
Dotie../ ,6-0,4w as 87.e) . 1 _s ,k7
Pisrai2 AA SIS-0
flake sya €24117
/,' o v pfm SZ-417
_,?rpm .1
7o%
SUBMITTED - 7 DATE SUBMITTED 7-izIP
--So
APPROVED BYE DATE 7 faA IF
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OPD 126
MIIIT!COPY-P1Pl J CE YELLOW-POLICE PIM-ME
*
*
•
•
•
•
*
Police Report No. : *
RE: Emergency Response
Dear *
On * , at * , you were involved in a
traffic accident. This incident was deemed to be alcohol and/or drug related
and an emergency response occurred.
Under the Government Code of the State of California, Section 53150: "Any
person who is under the influence of an alcoholic beverage or any drug, or the
combined influence of an alcoholic beverage and any drug, whose negligent opera-
tion of a motor vehicle caused by that influence proximately causes any
incident resulting in an appropriate emergency response, and any person whose
intentionally wrongful conduct proximately causes any incident resulting in an
appropriate emergency response, is liable for the expense of an emergency
response by a public agency to the incident."
A payment of $ is due to the City of Oxnard for the emergency response
costs incurred in conjunction with this accident. Kindly forward your payment
upon receipt of this letter, along with a copy of the enclosed invoice.
If you have any questions, please contact this office at 984-4614.
Thank you for your anticipated courtesy and cooperation.
Very truly yours;..:
1
Marjorie H. George
Accounting Manager
MG/AM
3.3039.MG
ACCOUNTS T ItECEP/ABLE
CITY OF INVOICE
narc�
a+�+aec11
acme ONE $A OUNr
3743 PENAROXANO1 90-10770 07/ 15/ ,r)
illIENNIERMIEMEMS
101 5• ROSE AVE.
OXNARO, CA
93030
_INE ! FIS • ACT OfitiV r.fa ":•'+ L. :."� _ eyE *Amapa
01 100 075 0101 0100 7962 EMERGENCY RESPONSE - 5/07/90 1t: 1 .64
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CITY OF
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MAIUNG
CITY OFO ADDRESS: QUESTIONS ABOUT THIS 1
SWIM DIRWMAINT
CITY TREASUREF1 ACCOUNTS RECERROLE 011XPO' S101 .64
00NX,WeNar THIMPIEXERT NEXCP NUME19664.11,41NSP
LGF1 sera iffnlig 0000149 0000305 0000FACCPY
PAGE 1
STATEMENT OF ACCOUNT
AS OF 07/31/90
4111111111111111111111 ACCOUNT `10. PEVA OXA` ;1
101 S. ROSE AVE.
OXNARD. CA
93030
ITEM TR !1UNRE/ DATE
PREVIOUS BALANCE $ .00
INVOICE IN 3697 05/14/90 2.3Z0.3.8
INVOICE IN 3748 DT/16/90 101.64
CURRENT BALANCE DUE: S 2.422.02
S PLEASE RETURN ST4TFMP T WITH YOUR PAYMENT *
• , X17 6e" la)
§ 53114.1 GOVERNMENT CODE
Highway Patrol, and the Stateent of Forestry. These agencies shall provide all necessary
assistance and consultation to the Communications Div wT to enable it to perform its duties
• specified in this article.
(Amended by Stata.1' , c. 1246, 4 8.)
Hbteriral Nob misted to the Medical Reform Act see note soder CSv.C.
1923 L+aWattee. l 36.10.
Lerslative intent for Sts.1953,c. 1246 to Ee raoomp0a•
tion of eaistina Fac. sod to not effect pending litipeioee
153115.4. Repealed by Stats.1983, c. 101, ¢ 74
¢ 53119. Rural area= conversion to enhanced"911"service
Any telephone corporation serving rural telephone areas which cannot currently provide enhanced
"911"emergency telephone service capable of selective routing, automatic number identification.or
automatic locatioa.identifiation shall present to the communications division a comprehensive plan
emergencydescletschedule
by sywhieh hie those fealties will be converted to be compatible with the enhanced
(Added by Stats.1987, e. 556, 4 2.)
53120. Prompt impletnentation
The communisations division shall not delay implementation of the enhanced "911" emergency
telephone system in those portions of cities or counties, or both, served by a local telephone
corporation that has equipment compatible with the enhanced "911" emergency telephone system.
(Added by Stata.1987,c. 556, f 8.)
ARTICLE 8. COSTS OP EMERGENCY RESPONSE
Section
58150. Negligent operation of motor vehicle; influence of alcoholic beverage or drug; intentional
wrongful conduct; liability.
58151. Negligent operation of boat or vessel; Influence of alcoholic beverage or drug; intentional
wrongful conduct
58152. Negligent operation of c aircraft; influence of alcoholic beverage or drug; intentional
wrongful conduct; livability.
53158. Influence of alcoholic beverage or drug; inability to operate motor vehicle,boat or vessel,or
53154. Chart person 'liable; collection of debt; insurance.
58155. Limit on .
53158. Definitions.
58157. Admissibility of evidence in criminal proceedings.
53158. Legislative intent
Article 8 was added by Stets.= c !?7, j 1.
cram Ratercoars
Ramon of coots es condition of pto6aaon,res Pool
Cods f 1203.1.
¢ 65150. Negligent operation at motor vehk* Influence of alcoholic',overeat or drag; latoo-
tionel wrongful conduct; liability
Any person who is under the influence of an alcoholic beverage or any drug, or the combined
influence of an alcoholic beverage and any ,whose negligent operation of a motor vehicle causedby that influence proximately causes any nt resulting in an appropriate emergency response,
and any person whose intentionally wnvagful conduct proximately causes any incident resulting in an
apps la
t e response, ie liable for the expenemergencyse of an response by a public
agency to the incident.
'
(Added by Stata.1985, c. 337, ¢ 1.)
¢ 53151. Negligent operation of boat or meek Influence of alcoholic beverage or drug; Intent•.
dotal wrongful conduct liability
Any off an who
beveis under rage
mfl�00 of u alcoholic beveragegent operationor any of�boat or vessel
combined
� any �&
Additions in teat aro Indicated by underling dolotiona by motorists.• • •
24
910.
GOVERNMENT CODE § 53156
caused by that influence proximately causes any incident resulting in an appropriate emergency
response, and any person whose intentionally wrongful conduct proximately causes any incident
resulting in an appropriate emergency response, is liable for the expense of an emergency response
by a public agency to the incident
_ - (Added by Stata.1985, c.337, 4 1.)
d 53152. Negligent operation of civil aircraft; Influence of alcoholic beverage or drug; inten-
tional wrongful conduct; liability
Any person who is under the influence of an alcoholic beverage or any drug, or the combined
influence of an alcoholic beverage and any drug,whose negligent operation of a civil aircraft caused
by that influence proximately causes any incident resulting in an appropriate emergency response,
and any person whose intentionally wrongful conduct proximately causes an incident resulting in an
appropriate emergency response, is liable for the expense of an emergency response by a public
agency to the incident
(Added by Stats.1986, c. 337, f 1.)
53153. Influence of alcoholic beverage or drug; inability to operate motor vehicle, boat or
vessel,or aircraft presumptions
For purposes of this article,a person is under the influence of an alcoholic beverage or any drug,
or the combined influence of an alcoholic beverage and any drug, when as a result of drinking an
alcoholic beverage or ming a drug,or both;his or her physical or mental abilities are impaired to a
degree that he or she no longer has the ability to operate a motor vehicle,boat or vessel,or aircraft
with the caution characteristic of a sober person of ordinary prudence under the same or[War
circumstances. For purposes of this article,the presumptions described in Sections 23152 and 23155
of the Vehicle Code shall apply.
(Added by Stata.1985, c. 337, 4 1.)
153154. Charge agdast person liable; collection of debt Insurance
The expense of an emergency response shall be a charge against the person liable for expenses
under this article. The charge constitutes a debt of that person and is collectible by the public
agency incurring those costs in the same manner as in the case of an obligation under a contract,
expressed or implied, except that liability for the expense)provided for In this article shall not be
insurable and no insurance policy shall provide or pay for the expenses.
(Added by Statt1985,c. 337,; L)
4 531St Limit on liability
In no event shall a person's liability under this article for the expanse ad an emergency response
exceed one thousand dollen 41.000)for a particular incident . . .
(Added by Stats.1985,t$37, * L Amended by Stata.1981,c. 111$ f L)
msbded Nab
EMI Inns
gulag. Definitions
As used in this article
(a) "Expense of an emergency response" means reasonable poste hand by a alio agooey in
ebb making an appropriate emergency response to the incident, et shag a )Whtd those
coni directly arising because of theto the mrdcumr htdd o q� e
include the coats of providing police, ream and omergeoey medical semis at the
ere the ineidmt, as well as the the trereamd roaoonding to the • • • incident
(b) "Pubbe agency"means the state and any Si ecety,mans J mepeeattm,diabit,or
authority located, in whole or in part, within this state which provides or nay prate!
polios, ambulance, medical,or other emergency services.
(e) "Intentionally wrongful conduce'means conduct Intended to inhere another person or property.
(Added by Stats.1985,c.837, 4 L Amended by Stats.1888,t 111$ f t)
Additions in text ere indented by mtamslatsl dada by estelelo♦ • • •
25
• 4
f 53157
GOVERNMENT CODE
53167. Admissibility of evidence In tended proceedings
Any testimony, admission, or any other statement made by the defendant in any proceeding
. j brought pursuant to this article, or any evidence derived from the testimony, admission, or other
1 shall not be admitted or otherwise used in any criminal proceeding arising out of the same
incident.
(Added by Stats.1986, a 837, ; 1.)
p ; 56158. legislative intent
' It is not the intent of the Legislative,in erecting this article,to occupy the field of recevery of the
=Peon of en emergency response by a public agency, nor is it the intent of the Legislators to
} preempt local regulations or to otherwise limit the remedies available to any public agency to recover
• the espenaes of as emergency response to any incident not involving persons who operate a motor
vehicle,a boat or vessel,ora civil aaaaft while under the Influence of an alcoholic beverage or any
drug, or the combined Shanoe of an aloob?lic beverage and any drug. It is the intent of the
yea rec
that the overy of the expenses of a under this chapter shall
® sup e�ment and shall not supplant any other provisions law rdating to the swami of those
(Added by Stats.1986, a 887, f 1. Amended by Stata.1987,c.897,f 1.)
CHAPTER 1.6. DITEGRATED FINANCING DISTRICT ACT
Arida Swam
1. D.LJLra end Oanad Prw4.Ions 53175
2. Prueeeding0 to Create en Integrated Flmmnaln9 Olabtet 53180
3. Parona and Powers 63195
4. ReN bureemwd Apwarwrte 53190
5. Caatbmstlmtand Colo:don of Levy 58195
Chapter LS was added by Stata1964 a ISIS a 1.
ARTICLE 1. DEFINITIONS AND GENERAL PROVISIONS
Sectio
58175. Short title.
58175.5. Alternative method of financing public facilities.
58175. Liberal sonatrusdon of chapter.
588178.6. Validity of proceedings
68177. Application of Septa; all local agencies
58177.6 Appliafba of chapter mwt codon of wneeedng two iobmotate freeways.
68178. Application of chapter; Division 4 of Streets and Code.
6817&5. �on of chapter Division 4.5 of Streets and ways Coda
681'9.6. Joint agreements; use of levy proceeds for facilities or service; content'of agreements.
Article 1 as added by Sfak1SSL a 161;1 L
533176. Sheet title
This chapter shall be known and may be cited as the Integrated Flandeg Dboiet AS
(Added by Stts.1988,a 1513.f 1.)
63176.6. Altawetive method of fimedng public facilities
This chapter provides an alternative method of financing pablie facilities This Sear does not
limit the applicationiof ootther laws that provide for financing geveamontal facilities A local
agency may las desin catimiction aitb,say other method of
finsing Port ora of the cost of capital of this chapter instead of,a The provident; el this chapter
governing the afab6ohmat and operation of an integrated tlenodeg district sholt,to the extent of
any conflict,prevail over any other paovbia of law.
(Added by Stata1985,c. 1613. f L)
Adages In tat w Mated by umdalrlai deeotlam by aswtota • • •
26
' . �.
Ch. 336 STATUTES OF 1986I
The people of the State of California do enact as follows: alcoholic
motor ve
SECTION 1. Section 39361 of the Education Code is amended to influence
read: appropri.:
39361. jai The governing board of any school district that has,by intention:
majority vote established a standard rate or rates for the lease resulting
pursuant to this article of its real property may,by majority vote, expense c
delegate to such officer or employee as the governing board may the incid
designate,the power to enter into any lease,for and on behalf of the particular
district, of any real property of the school district, with respect to The bil
which real property either the district has received only one sealed occupy t
proposal that conforms with the existing standard rate or rates,from - response
a responsi6Ce bidder, and no oral bid that would meet• the regulatioi
requirements of Section 39372, or the lease is to be entered into agency to
pursuant to Section 39379. • incident ,
(b) The governing board of any school district may, by majority vessel, o-
vote, delegate to such officer or employee as the governing board beverage
may designate, the power to enter Into any lease, permit, or beverage
e - t - • the district of buildin-s'or other facilities The bi
use 's to orant- • tot e ictrict wit,out r arms•` evidence
any Crim
The per)!
SECf1
COSTS OF EMERGENCY RESPONSE—INFLUENCE OF -
ALCOHOL OR DRUG—INTENTIONALLY Code,
WRONGFUL CONDUCT CttoChao to
Senate Bill No. 735 53150•
- beverage
CHAPTER 337 beveragevehicle c
An act to add Article 8 (commencing with Section 53150) to Chap- - resulting
ter 1 of Part 1 of Division 2 of Title 5 of the Government Code, . whose ii
relating to emergency response. incident
the expo
(Approved by Governor July 28, 1985. Filed with - incident.
Secretary of State July 29. 1985.] 53151.
beverage
LEGISLATIVE COUNSELS DIGEST beverage
SB 735, Royce. Emergency response: recovery of costs. vessel cF
Under existing law, a person who negligently, in violation of the resulting
law, sets a fire, allows a fire to be set, or allows a fire kindled or whose i
attended by him or her to escape onto any public property is liable incident
to the federal,state,county,or public agency for the fire suppression the expo
costs incurred in fighting the fire and for,the coat of providing resett6' ' incident.
or emergency medical services. 53152.
This bill would make any person who is under the influence of an - beverag,
alcoholic beverage or any drug, or,the combined influence of an beverag,
292 Changes or additions in teat are indicated by underline symbol V
t
_ F7.1.
i
i
1985-1986 REGULAR SESSION Ch. 337 •
is follows: alcoholic beverage and any drug, whose negligent operation of a
-, motor vehicle, a boat or vessel, or a civil aircraft caused by that (.
Code is amended to influence proximately causes any incident resulting in an
appropriate emergency response, and any person whose
district that hasiby • intentionally wrongful conduct proximately causes any incident
rates for the lease ii-
, resulting in an appropriate emergency response, liable for the
i by majority vote,. ,. expense of an emergency response,as defined,by a public agency to
venting board may ' i the incident_ A person's liability would be limited to $500 for a
'rid on behalf of the ' particular incident. . , 0 • • .
ict, with respect toThe bill would state that it is not the intent of the Legislature to •
ved only one sealed occupy the field of recovery of the expense of an emergency
3 rate or rates,from •' •
response by a public agency, as defined, nor to preempt local
would meet the , regulations or to otherwise limit the remedies available to any public
to be entered into ,, agency to recover the expenses of an emergency response to any
+' incident not involving persons who operate a motor vehicle,boat or
.t may, by majority s vessel, or civil aircraft while under the influence of an alcoholic
ie governing boar a beverage or any drug,-or the combined influence of an alcoholic
r
lease permit, or - ' beverage and any drug.
s'or other facilities The bill would preclude the admission of any testimony or •
Lt charge• : evidence therefrom of any person subject to the above provisions in
�: any criminal proceeding arising out of the same incident. ;-• ,
The people of the State of California do enact as follows: ;r -
as` a;�
•l. SECTION 1. Article 8 (commencing with Section 53150) is added
�IFLUENCE OF '�. "
INALLY to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government --_-;e'.;
4 Code, to read: ; --7
• r 4.,,. - ,I;• J
Article 8• Costs of Emergency Response _
..c ' I
y;
• 53150. Any person who is under the influence of an alcoholic -
-- beverage or any drug, or the combined influence of an alcoholic
• I beverage and any drug, whose negligent operation of a motor -
4 vehicle caused by that influence proximately causes any incident
:ion 53150) to Chap- 3 resulting in an appropriate emergency response, and any person _
Government Code, whose intentionally wrongful conduct proximately causes any
7 incident resulting in an appropriate emergency response,is liable for -
the expense of an emergency response by a public agency to the '' ,
'd with 4incident.
• ! 53151. Any person who is under the influence of an alcoholic
rr ;, beverage or any drug, or the combined influence of an alcoholic
r of costs. beverage and any drug, whose negligent operation of any boat or
y �� vessel caused by that influence proximately causes any incident
, in violation of the •# resulting in an appropriate emergency response, and any person
vs a fire kindled or whose intentionally wrongful conduct proximately causes any
is property is liable incident resulting in an appropriate emergency response,is liable for
the fire suppressionthe expense of an emergency response by a public agency to the
of providing rescue •
incident.
he influence of an 53152: Any person who is under the influence of an alcoholic
tinfluence of an beverage or any drug, or the combined influence of an alcoholic
► dh
beverage and any drug,whose negligent operation of a civil aircraft ,
indicated by undorlino symbol v indicates text deletion 293 I
•
4.
•
Ch. 337 STATUTES OF 1985
caused by that influence proximately causes any incident resulting in c
an appropriate emergency response, and any person whose ` r
intentionally wrongful conduct' proximately causes an incident I
resulting in an appropriate emergency response, is liable for the
expense of an emergency response by a public agency to the
incident.
53153. For purposes of this article, a person is under the
influence of an alcoholic beverage or any drug, or the combined
influence of an alcoholic beverage and any drug,when as a result of
drinking an alcoholic beverage or using a drug, or both, his or her ;l
physical or mental abilities are impaired to a degree that he or she ' •
no longer has the ability to operate a motor vehicle, boat or vessel,
• or aircraft with the caution characteristic of a sober person of •
ordinary prudence under the same or similar circumstances. For
purposes of this article,the presumptions described in Sections 23152
• • • and 23155 of the Vehicle Code shall apply. I
53154. The expense of an emergency response shall be a charge ' -
- - • '� „ l against the person liable for expenses under this article.The charge
l�'r constitutes a debt of that person and is collectible-by the public
agency incurring those costs in the same manner as in the case of an r
obligation under a contract, expressed or implied, except that .
liability for the expenses provided for in this article shall not be
insurable and no insurance policy shall provide or pay for the _
expenses. :.. .... .
53155. In no event shall a person's liability'under this article for
the expense of an emergency response exceed five hundred dollars
•
($500) for a particular incident. . ' '•
• 33156. As used in this article. - sin
(a) "Expense of an emergency response"means reasonable costs . . •
incurred by a public agency in reasonably making an,appropriate - i, p
emergency response to the incident,including the costs of providing _ a,
police, firefighting, rescue, and emergency medical services at the rr
• scene of the incident, •. i:•,:,,..----... .;,:.,..*",'-i---. •_ : -;
ause of the respottsi•$ irP- ;; "�" r<
• , •(b) "Pu is agency" means the state and..any. city, county, n
municipal corporation,district,or public authority located,.in whole . st
•
- or in part, within this state which provides or may provide
• firefighting, police, ambulance, medical, or other emergency '.. a
services. - a
(c) "Intentionally wrongful conduct"means conduct intended to u
, injure another person or property. . - f
: _ 53157. Any testimony,admission,or any other statement made by fi
the defendant in any proceeding brought pursuant to this article,or t(
any evidence derived from the testimony, admission, or other '"
statement, shall not be admitted or otherwise used in any criminal lc
proceeding arising out of the same incident. - .•-:.�: st
53158. It is not the intent of the Legislature, in enacting this .' re
article, to occupy the field of recovery of the expense of an :-
emergency response by a public agency, nor is it the intent of the a(
Legislature to preempt local regulations or to otherwise limit the ..
remedies available to any public agency to recover the expenses of
iin,I 294 Changes or additions in text are indicated by underline
•
F•�,
•
•
•' 1985-1986 REGULAR SESSION Ch. 338 i'±
; • •
•
cident resin'~ an emergency response to any incident not involving persons who
_. operate a motor vehicle,boat or vessel,or civil aircraft while under • •,•
Y peon u'h'`=:'- the influence of an alcoholic beverage or any drug,or the combined •
uses an incfid':. 3, influence of an alcoholic beverage and any drug.
is liable for' .I, .
is agency th"'r;;:'• :
•on is under' .17-.4. --- _ ,:
or the combiri-`:, ..; :.. .. j; •
vhen as a c..' •? ;:
res •.. , CITIES AND COUNTIES—PLANNING-- -7.L•:••;.:.• • Y''.•
r both, his o _ O ••,
-ee that he or' 4, ~ ' •- - • _.. ENVIRONMENTAL IMPACT.- , •..»i.:, .-.,_:?'- '
•!e,boat or V' -"- . • . . . -:, • - •... ;.r .,,,-_,4':i: -,:q : .
sober person'•.; Senate •Bill No. 179 .'`'"!""` - ',:"::• ti ; �'
rcumstances.'F: 7 :._• • •. _-_ .. - — :.,
lin Sections 231 t ._ • ':•.-".•;:::.••!.:. '. `;, •
- CHAPTER 338 . _'. . ->'•": s.,. .:,:ate: _ .
shall '<:: ".... , 1
be a'charg. i
-tide.The charge. : An act to amend Sections 65357 and 65456.of the Government •
•
ale by the pubic' Code,-and to amend Section 21152 of the Public Resources Code;. - . • •: " . P. -
i in the case of': relating to land use regulativon. .j•-t"i: :... . . . .. ' -_. •.r-.;• .
ied except that S. .,._:e:;::r: ;•.. ;'.}. ,.''': ='ego ,
-
-
irshallnothe (ApprovedreGoernor Jul 28,1985 nett _ •.--14:::,. .:-,4:-.: • ' Foa) for the • Secretary of State July 29,1935.1 • _. = : ,fl 't:-•_ ' '
' ..�• .,..:a. _ .. ; ;
• •• LEGISLATIVE'COUNSELS DIGEST ..- :7• •k•# -
ehundredarticle
ol for SB 179,Marks. Cities,counties:plaiiniiag:environmental iinpaM. -' 'y
doll ; (1) Existing law requires that copies of the adopted general plan,_ _ "•.t., --- i
specific plans, and amendments to either,.of a city or county, bit ` ='`_''': . �
. ' made available to the general public. '. "-::-." ••'•..' .. :. ;:.=..'.-- .:1-
reasonable costs` s bill would specify the time following adoption of a general •_; _.-, .1^'
I an appropriate. plan,specific plan or amendment to.either,within.which documents •-4."`` - -
•osis of providing adopting or amending the plan,including diagrams and text,must be..-7.„'`C..1;-:-"• .:!:-:1;;•
,..`C.=: =: w,a
made available for inspection by the general public.The bill would` : 'r••..4
a services at the. -
se costs directly: " Also require that a copy thereof be:.furnished•to any_persons: ,.. -- •:'
Lcident. ., requesting a copy,and would specify thetime within which the copy. -=3' �•
►y city, county,. must be furnished. In' so doing�'the .bill would :impose a �:7:=
orated.In whole ,•.; _ . t. = '
state-mandated local program - . ....: -- : . r..
,r may provide .
�, (2) Existing law requires that a Iocal�agency file,post,and:risks
her emergency`- available to the public, specified notices concerning the local ---
agency's determination as to whether'or not a project, as-defined, -
iuct intended to• will have a significant impact on the environment. • -.• .
tement made.b • This bill(would require the notice to include a certification that the -
Y final environmental impact report,if one was prepared,is available
o this article,or to the general public. ' r<�,
•
scion, or other j (3) The California Constitution requires the state to reimburse -
in any criminal - s local agencies and school districts for certain costs mandated by the
. state. Statutory provisions establish procedures for making that •
n enacting this reimbursement.
expense of an This bill would provide that no reimbursement is required by this
ie intent of the act for a specified reason. —_ _
revise limit the •
:he expenses of 295 i
sated by and .. symbol V indicates text deletion _ iI
i .
-
"Tr
MICHAEL D. BRADBURY
District Attorney
2 Deputy District Attorney
800 South Victoria Avenue
3 Ventura . California 93009
Telephone : (805 ) 654-2500
4
Attorney for Plaintiff
5
6
7 IN THE MUNICIPAL COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR THE COUNTY OF VENTURA
9
10 THE PEOPLE OF THE STATE. OF ) CASE NO.
CALIFORNIA, )
11 ) NOTICE OF MOTION FOR
Plaintiff, ) RESTITUTION ORDER
12 ) COVERING EMERGENCY
vs . ) RESPONSE COSTS OF PUBLIC
13 ) AGENCY; POINTS AND
AUTHORITIES
14 )
15 Defendant. )
16 )
17
18 TO THE DEFENDANT AND HIS ATTORNEY OF RECORD:
19 The People hereby move the court to order restitution for
20 the expenses of an emergency response by a public agency, in the
21 event of a conviction in this matter . The amount and basis for
22 the claim is further detailed in the attachment .
23 Points and Authorities
24 Article 1 , section 28(b) of the California Constitution
25 strongly favors restitution in all cases. Penal Code section
26 1203 . 1 requires this court to consider emergency response cost
77 restitution pursuant to Government Code section 53150 as a
28 probation condition. The latter section makes liable for
1 emergency response expenses of a public agency all persons whose
2 negligent driving under the influence or intentional wrongful
3 conduct causes "any incident" resulting in "an appropriate
4 emergency response . "
5
Respectfully submitted ,
6
MICHAEL D. BRADBURY, District Attorney
7 County of Ventura , State of California
8
By
9
Deputy District Attorney
10 _
Dated:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MICHAEL D. BRADBURY
1 District Attorney
2 Deputy District Attorney
800 South Victoria Avenue
3 Ventura , California 93009
Telephone : ( 805 ) 654-2500
4
Attorney for Plaintiff
5
6
7 IN THE MUNICIPAL COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR THE COUNTY OF VENTURA
9
10 THE PEOPLE OF THE STATE -OF . ) CASE NO.
CALIFORNIA, )
11 ) NOTICE OF MOTION FOR
Plaintiff , ) RESTITUTION ORDER
12 ) COVERING EMERGENCY
vs . ) RESPONSE COSTS OF PUBLIC
13 ) AGENCY; POINTS AND
AUTHORITIES
14 )
15 Defendant . )
)
16 )
•
17
18 TO THE DEFENDANT AND HIS ATTORNEY OF RECORD:
19 The People hereby move the court to order restitution for
20 the expenses of an emergency response by a public agency, in the
21 event of a conviction in this matter . The amount and basis for
22 the claim is further detailed in the attachment .
23 Points and Authorities
24 Article 1 , section 28(b) of the California Constitution
25 strongly favors restitution in all cases. Penal Code section
26 1203 . 1 requires this court to consider emergency response cost II
27 restitution pursuant to Government Code section 53150 as a
28 probation condition. The latter section makes liable for
•
1 emergency response expenses of a public agency all persons whose
2 negligent driving under the influence or intentional wrongful
3 conduct causes "any incident" resulting in "an appropriate
4 emergency response. " .
5
Respectfully submitted,
6
MICHAEL D. BRADBURY, District Attorney
7 County of Ventura, State of California
8
By
9
Deputy District Attorney
10
Dated:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
y
COSTS OF EMERGENCY RESPONSE
RESTITUTION REQUEST
TO: MICHAEL D. BRADBURY, DISTRICT ATTORNEY
FROM: (AGENCY)
SUBJECT: PEOPLE v. AGENCY CASE NO.
IN THE EVENT DEFENDANT IS GRANTED PROBATION ON THIS CASE, PLEASE
PETITION THE COURT TO IMPOSE PAYMENT OF RESTITUTION TO THIS
AGENCY FOR COSTS OF EMERGENCY RESPONSE AS A TERM OF SAID
PROBATION (PURSUANT TO GOV. CODE SECTION 53150 ET SEQ. , AND PENAL
CODE SECTIONS 1203 . 1 AND 1203 . 1i) . {THIS REQUEST DOES NOT
PREEMPT CIVIL REMEDIES FOR RECOVERY. ).
BASIS FOR RECOVERY: (CHECK ALL APPROPRIATE BOXES)
A. UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG.
{ } 1 . OBJECTIVE SYMPTOMS OBSERVED BY OFFICER.
{ } 2 . CHEMICAL TEST ABOVE THE LEGAL LIMIT OF . 10%, OR TESTED
POSITIVE FOR DRUGS .
B. NEGLIGENT OPERATION OF A MOTOR VEHICLE.
{ ). 1 . COLLISION INVOLVING DUI DRIVER.
{ } 2 . DUI DRIVER COMMITTED HAZARDOUS MOVING VIOLATION
(SPEEDING, RUN STOP SIGN, WRONG WAY DRIVER, ETC. )
C. PROXIMATELY CAUSES ANY INCIDENT.
{ } 1. COLLISION CAUSED BY ACTIONS OF DUI DRIVER.
{ } 2 . HAZARDOUS SITUATION CAUSED BY DUI DRIVER'S DRIVING.
D. APPROPRIATE EMERGENCY RESPONSE.
{ } 1. USE OF EMERGENCY EQUIPMENT BY A POLICE OR FIRE UNIT
(ACTIVATION OF EMERGENCY LIGHTS AND/OR SIREN. )
{ } 2 . OTHER: (SPECIFY)
COSTS OF EMERGENCY RESPONSE:
A. PERSONNEL COSTS: $ _
(HOW DETERMINED)
B. MATERIAL COSTS: $
(HOW DETERMINED)
C. ADMINISTRATIVE COSTS: $
(HOW DETERMINED)
TOTAL COSTS $
PREPARED BY PHONE #
TO: (AGENCY)
FROM: MICHAEL D. BRADBURY, DISTRICT ATTORNEY
BY: DEPUTY DISTRICT ATTORNEY
SUBJECT: PEOPLE v. COURT #
AGENCY #
ON 19 _, THIS CASE WAS CONCLUDED RESULTING IN
A CONVICTION.
(CHECK APPROPRIATE BOX)
{ } PURSUANT TO PENAL CODE SECTION 1203 . 1, RESTITUTION WAS
ORDERED IN THE AMOUNT OF $ PAYABLE •
{ } DEFENDANT REQUESTED AND WAS GRANTED RESTITUTION HEARING,
SET FOR 19 , @ (A.M. ) (P.M. ) IN
COURTROOM #
. 4.
•
COSTS OF EMERGENCY RESPONSE
RESTITUTION REQUEST
TO: MICHAEL D. BRADBURY, DISTRICT ATTORNEY
FROM: (AGENCY)
SUBJECT: PEOPLE v. AGENCY CASE NO.
IN THE EVENT DEFENDANT IS GRANTED PROBATION ON THIS CASE, PLEASE
PETITION THE COURT TO IMPOSE PAYMENT OF RESTITUTION TO THIS
AGENCY FOR COSTS OF EMERGENCY RESPONSE AS A TERM OF SAID
PROBATION (PURSUANT TO GOV. CODE SECTION 53150 ET SEQ. , AND PENAL
CODE SECTIONS 1203. 1 AND 1203. 1i) . {THIS REQUEST DOES NOT
PREEMPT CIVIL REMEDIES FOR RECOVERY. }
BASIS FOR RECOVERY: (CHECK ALL APPROPRIATE BOXES)
A. UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG.
{ } 1 . OBJECTIVE SYMPTOMS OBSERVED BY OFFICER.
{ } 2 . CHEMICAL TEST ABOVE THE LEGAL LIMIT OF . 10%, OR TESTED
POSITIVE FOR DRUGS.
B. NEGLIGENT OPERATION OF A MOTOR VEHICLE.
{ } 1 . COLLISION INVOLVING DUI DRIVER.
{ } 2 . DUI DRIVER COMMITTED HAZARDOUS MOVING VIOLATION
(SPEEDING, RUN STOP SIGN, WRONG WAY DRIVER, ETC. )
C. PROXIMATELY CAUSES ANY INCIDENT.
{ } 1 . COLLISION CAUSED BY ACTIONS OF DUI DRIVER.
{ } 2 . HAZARDOUS SITUATION CAUSED BY DUI DRIVER'S DRIVING.
D. APPROPRIATE EMERGENCY RESPONSE.
{ } 1 . USE OF EMERGENCY EQUIPMENT BY A POLICE OR FIRE UNIT
(ACTIVATION OF EMERGENCY LIGHTS AND/OR SIREN. )
{ } 2 . OTHER: (SPECIFY)
COSTS OF EMERGENCY RESPONSE:
A. PERSONNEL COSTS: $
(HOW DETERMINED)
B. MATERIAL COSTS: $
(HOW DETERMINED)
C. ADMINISTRATIVE COSTS: $
(HOW DETERMINED)
TOTAL COSTS $
PREPARED BY PHONE #
TO: (AGENCY)
FROM: MICHAEL D. BRADBURY, DISTRICT ATTORNEY
BY: DEPUTY DISTRICT ATTORNEY
SUBJECT: PEOPLE v. COURT #
AGENCY #
ON 19 , THIS CASE WAS CONCLUDED RESULTING IN
A CONVICTION.
(CHECK APPROPRIATE BOX)
{ } PURSUANT TO PENAL CODE SECTION 1203 . 1 , RESTITUTION WAS
ORDERED IN THE AMOUNT OF $ PAYABLE •
{ } DEFENDANT REQUESTED AND WAS GRANTED RESTITUTION HEARING,
SET FOR 19 , @ (A.M. ) (P.M. ) IN
COURTROOM #