People v. Ruiz
People v. Ruiz
Opinion
*1103 We granted review in this case to determine whether imposing a criminal laboratory analysis fee ( Health & Saf. Code, § 11372.5, subd. (a) ) and a drug program fee ( Health & Saf. Code, § 11372.7, subd. (a) ) is appropriate for a conviction of conspiracy to transport a controlled substance in violation of Health and Safety Code, section 11379, subdivision (a). 1 The Court of Appeal answered this question in the affirmative based on *1104 Penal Code section 182, subdivision (a), which provides in relevant part that persons convicted of conspiring to commit a felony "shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony." In light of this provision, the court reasoned, because these fees must be imposed for a conviction of transporting a controlled substance, they must also be imposed for a conviction of conspiracy to transport a controlled substance. We agree with the Court of Appeal and affirm. *716 FACTUAL AND PROCEDURAL BACKGROUND
Pursuant to judicially authorized wiretapping, law enforcement officers heard defendant Feliz Corral Ruiz II, who is a member of a Norteño street gang, conspiring to shoot and kill members of another gang in retaliation for the shooting of a Norteño gang **193 member. On July 28, 2012, several Norteño gang members shot at an apartment complex where members of the other gang were known to gather, hitting one person in the chest and another in the leg. In connection with these events, the People filed an information charging defendant with, among other crimes, conspiracy to transport a controlled substance in violation of section 11379, subdivision (a). Pursuant to a plea agreement, defendant pleaded no contest to this charge. As part of his sentence, the court imposed a $50 "criminal laboratory analysis fee" pursuant to section 11372.5, subdivision (a), and a $100 "drug program fee" pursuant to section 11372.7, subdivision (a).
On appeal, defendant argued that these fees were "unauthorized"-and should therefore be stricken-because: (1) he was convicted, not of a drug offense specified in the statutes establishing the fees, but of conspiracy to commit one of the specified offenses; and (2) the fees are not "punishment" for purposes of the conspiracy sentencing statute- Penal Code section 182, subdivision (a) -which provides that persons convicted of conspiring to commit a felony "shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony." (Italics added.) The Court of Appeal disagreed, concluding that the fees constitute "punishment" within the meaning of Penal Code section 182, subdivision (a). We granted defendant's petition for review to consider this conclusion. 2
*1105 DISCUSSION
Section 11372.5, subdivision (a), establishes a $50 "criminal laboratory analysis fee" for persons "convicted of a violation of" specified statutes relating to drugs, including section 11379. Section 11372.7, subdivision (a), establishes a "drug program fee," not to exceed $150, for persons "convicted of a violation of" chapter 6 of division 10 of the Health and Safety Code, which includes section 11379. However, defendant was convicted, not of violating section 11379, but of conspiring to violate that statute, in violation of Penal Code section 182, subdivision (a)(1), which makes it a crime for persons to "conspire" to "commit any crime." Because, as defendant argues and the People concede, neither fee statute refers to persons convicted of conspiracy to commit a crime, neither statute alone authorizes imposition of a fee for defendant's conspiracy conviction.
Instead, the parties, like the Court of Appeal, focus on the sanctions provision of the conspiracy statute, which states in relevant part that persons convicted of conspiring to commit a felony "shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony." ( Pen. Code, § 182, subd. (a).) Based on this language, the Court of Appeal reasoned that the dispositive question is whether the fees at issue "constitute[ ] 'punishment,' " and it concluded that each fee does constitute "punishment."
*717
Defendant agrees with the court's statement of the dispositive question-whether the fees constitute punishment-but he disagrees with the court's answer, arguing that the charges constitute, not punishment, but "nonpunitive administrative fee[s] ... used to offset the costs of drug and crime labs." In response, the People first assert, quoting from our decision in
People v. Athar
(2005)
In evaluating these opposing positions, our "fundamental task ... is to determine the Legislature's intent so as to effectuate the law's purpose. [Citation.]" (
**194
People v. Murphy
(2001)
Insofar as the People appear to assert that it is irrelevant whether the fees constitute punishment, their argument runs afoul of these rules of statutory construction. As noted above, subdivision (a) of Penal Code section 182 states in relevant part that persons convicted of conspiring to commit a felony "shall be punishable in the same manner and to the same extent as is provided for
the punishment
of that felony." (Italics added.) The plain meaning of this language appears to establish that a consequence prescribed for the offense a defendant conspired to commit-the underlying target offense-may be imposed for a conspiracy conviction only if that consequence constitutes part of "the punishment" for the underlying target offense. (
Ibid
.) Thus, under the plain language of Penal Code section 182, subdivision (a), whether the trial court properly imposed the fees at issue here depends on whether they are part of "the punishment" for the offense that defendant was convicted of conspiring to commit. (See
People v. Hernandez
(2003)
Instead, as noted above, the People rely on our decision in
Athar
, but that decision does not support their argument. There, we held that sentence enhancements prescribed for a money laundering conviction apply to offenders convicted of conspiring to commit money laundering. (
Athar
,
supra
, 36 Cal.4th at p. 398,
In light of the preceding, the question here is whether the fees at issue are part of "the punishment" "provided for" the underlying target felony-transporting a controlled substance in violation of section 11379, subdivision (a) -as those terms are used in Penal Code section 182, subdivision (a). Unfortunately, the conspiracy statute itself provides no definition of the term "punishment." Nor have we found anything in the relevant legislative history elucidating the statute's use of the term.
Regarding the term's ordinary meaning, we have observed that "[c]ommonly understood definitions of punishment are intuitive: there is little dispute that additional jail time or extra fines are punishment. [Citation.] However, punishment has historically included a variety of methods limited only by human imagination ...." (
People v. McVickers
(1992)
"[T]he traditional aims of punishment" are "retribution or deterrence." (
People v. Alford
(2007)
"[T]he method" courts use to determine "what constitutes punishment varies depending upon the context in which the question arises. But two factors appear important in each case: whether the Legislature intended the provision to constitute punishment and, if not, whether the provision is so punitive in nature or effect that it must be found to constitute punishment despite the Legislature's contrary intent." (
People v. Castellanos
(1999)
Consistent with these principles, defendant focuses in his briefs on the Legislature's intent in passing sections 11372.5 and 11372.7. He argues that the Legislature's "clearly discernible ... intent" is that the fees in question "are not 'punishment.' " In support of his position, he emphasizes that both statutes use the term "fee" to describe their respective charges rather than the term "fine," "penalty," or "punishment." ( § 11372.5, subd. (a) ["criminal laboratory analysis fee"]; § 11372.7, subd. (a) ["drug program fee"].) But the Legislature's use of the term "fee" does not necessarily establish that a charge does not constitute "punishment." (See
People v. Graves
(2009)
Moreover, defendant's argument ignores the principle that, in determining a statute's purpose, we consider its language, not in isolation, but in the context of its "entire substance" and all of "its various parts." (
Alford v. Superior Court
,
supra
, 29 Cal.4th at p. 1040,
The legislative history of the 1980 statute confirms this conclusion. The Legislative Counsel's Digest described the subject of Senate Bill No. 1535 as "Controlled substance offenses: penalty assessments ," and then explained: "This bill would require every person who is convicted of prescribed controlled substance offenses to pay an additional $50 as part of any fine imposed ; the total fine would be increased to include the increment. The bill would authorize $50 fines to be imposed for such purpose with respect to offenses for which fines are not presently authorized ." (Legis.
*1111 Counsel's Dig., Sen. Bill No. 1535 (1979-1980 Reg. Sess.) 4 Stats. 1980, Summary Dig., p. 401, italics added.) In a report to the Governor recommending that he sign the passed bill, the Health and Welfare Agency explained that the new statute would (1) require those convicted of specified controlled substance offenses to "be fined an additional $50," (2) "authorize[ ] $50 fines to be assessed ... if a fine is not authorized by other provisions of law," and (3) generate revenue "through the assessment of additional fines ." (Health & Welf. Agency, Dept. of Alcohol & Drug Programs, Enrolled Bill Rep. on Sen. Bill No. 1535 (1979-1980 Reg. Sess.) Sept. 5, 1980, pp. 1-2, italics added.) 3 In another report to the Governor, the Department of Finance explained that the new statute would "provide[ ] for a special penalty assessment for controlled substance offenses." (Dept. of Finance, Enrolled Bill Rep. on Sen. Bill No. 1535 (1979-1980 Reg. Sess.) Sept. 17, 1980, p. 1, italics added.) In a report recommending that the Governor consider a veto, the Department of Legal Affairs likewise explained that the statute "would impose a new, additional, $50 penalty assessment " on those convicted of the specified drug offenses, and then stated that it is "inappropriate to use criminal sanctions solely to raise revenue. Fines should be based **198 upon the proper punishment for the crime committed, not the county's need for money." (Governor's Office, Dept. of Legal Affairs, *722 Enrolled Bill Rep. on Sen. Bill No. 1535 (1979-1980 Reg. Sess.) Sept. 23, 1980, p. 1.) 4
In resisting the conclusion that the Legislature intended the $50 assessment to constitute punishment, defendant relies heavily on the Legislature's amendment of the statute in 1983, which replaced the phrase "shall, as part of any fine imposed, pay an increment" (Stats. 1980, ch. 1222, § 1, p. 4140), with the phrase "shall pay a criminal laboratory analysis fee" (Stats. 1983, ch. 626, § 1, p. 2527).
*1112
According to defendant, by recharacterizing the payment as "a criminal laboratory analysis fee" instead of a "part of any fine imposed," the Legislature indicated its intent to treat the payment as "a nonpunitive administrative fee" rather than punishment. In support of his assertion, he quotes from
People v. Watts
(2016)
For several reasons, defendant's argument is unpersuasive. To begin with, it ignores the fact that the Legislature did not substantively change the two sentences in section 11372.5 that immediately followed the revised sentence. Those sentences provided: "The court shall increase the total fine necessary to include this increment . [¶] With respect to those offenses specified in this subdivision for which a fine is not authorized by other provisions of law, the court may, upon conviction, impose a fine in an amount not to exceed fifty dollars ($50), which shall constitute the increment prescribed by this section and which shall be in addition to any other penalty prescribed by law."
*723
(Stats. 1983, ch. 626, § 1, p. 2527, italics added.) These sentences indicate that the Legislature viewed the $50 "increment," even when characterized as a criminal laboratory analysis fee, as a "fine" and a "penalty."
6
(
Ibid
.) The first sentence
**199
*1113
also belies the statement in
Watts
,
supra
, 2 Cal.App.5th at page 234,
Moreover, the analysis of defendant and the
Watts
court would produce an anomalous result. In cases where "a fine is not authorized by other provisions of law," the second paragraph of section 11372.5, subdivision (a), expressly characterizes the $50 "increment prescribed by this section" as "a fine" to be imposed "in addition to any other penalty prescribed by law." Under the analysis of defendant and the
Watts
court, the very same "increment" (
ibid
.
), when assessed pursuant to the first paragraph of the very same statute-because of the existence of other fines-is simply an administrative fee. Defendant suggests no reason-and we can think of none-why the Legislature would, in a single subdivision, view the same increment differently based on this distinction. "It is an established rule of judicial construction that when a term appears in different parts of the same act, or in related sections of the same code, the term should be construed as having the same meaning in each instance." (
Lewis v. Superior Court
(1999)
Indeed, nothing in the legislative history of the 1983 amendment supports the view that the change in language defendant cites reflects a legislative intent to change the increment from a fine or penalty to an administrative fee. As introduced, the bill that amended the statute-Assembly Bill No. 2044-proposed: (1) adding new crimes to the list of specified offenses; (2) changing the phrase "shall, as part of any fine imposed, pay an increment in the amount of fifty dollars ($50) for each separate offense" to "shall pay a criminal laboratory analysis fee in the amount of fifty dollars ($50) for each separate offense whether or not a fine is imposed"; and (3) deleting the rest of section 11372.5, subdivision (a), which, as noted above, directed courts to "increase the total fine as necessary to include this increment" and, as to specified offenses "for which a fine is not authorized by other provisions of law," authorized courts to "impose" the "increment" as "a fine ... in addition to any other penalty authorized by law." (Assem.
*724 Bill No. 2044 (1983-1984 Reg. Sess.) as introduced Mar. 7, 1983, § 1.) The Assembly Committee on Public Safety objected to the proposed language imposing the criminal laboratory analysis fee "in all cases whether or not a fine is ordered," asserting that this language "makes no exception for the defendant's inability to pay." (Assem. Criminal Law and *1114 Pub. Safety Com., Analysis of Assem. Bill No. 2044 (1983-1984 Reg. Sess.) as amended Apr. 11, 1983.) It suggested that the bill be revised either to "provide an ability to pay exception" or to "return to current law," which, "by making the fee part of a fine (which the court has the discretion to suspend), contains an implicit means test." ( Ibid .)
The Assembly quickly responded by essentially adopting the latter suggestion, i.e., "return[ing] to current law," which "mak[es] the fee part of a fine." (Assem. Crim. Law and Pub. Safety Com., Analysis of Assem. Bill No. 2044 (1983-1984 Reg. Sess.) as amended Apr. 11, 1983, p. 2.) Although retaining the new designation of the increment as "a criminal laboratory analysis fee," the Assembly deleted the proposed phrase "whether or not a fine is imposed" and revived those parts of the 1980 statute that the earlier version would have deleted, by reinserting (with minor revisions (see fn. 4, supra ) ) the language requiring courts to "increase the total fine necessary to include this increment" and, as to specified offenses "for which a fine is not authorized by other provisions of law," permitting courts to "impose" the "increment" as "a fine ... in addition to any other penalty authorized by law." (Assem. Bill No. 2044 (1983-1984 Reg. Sess.) as amended May 2, 1983, § 1.)
**200 Several analyses of this revised form of the bill explained that (1) existing law requires those convicted of specified controlled substance offenses to "pay an additional $50 as part of any fine imposed," and (2) the proposed amendment "[s]pecifies that the $50 fine is a criminal laboratory analysis fee." (Assem. Crim. Law & Pub. Safety Com., 3d reading analysis of Assem. Bill No. 2044 (1983-1984 Reg. Sess.) as amended June 20, 1983, p. 1; see Assem. Conc. Sen. Amends. to Assem. Bill No. 2044 (1983-1984 Reg. Sess.) as amended July 19, 1983, p. 1.) The analysis of the Senate Committee on Judiciary similarly explained that (1) existing law requires those convicted of specified controlled substance offenses "to pay an additional $50 as part of any fine imposed," and (2) the proposed amendment "would describe that $50 increment as a criminal laboratory analysis fee." (Sen. Com. on Judiciary, Analysis of Assem. Bill No. 2044 (1983-1984 Reg. Sess.) as amended May 2, 1983, pp. 1-2.) It also described the proposed bill as requiring payment of "a $50 criminal laboratory analysis fee in addition to any other penalty that was imposed" ( id . at p. 1, italics added), and explained that the bill would "in effect ... raise the legal maximum fine " for one of the crimes added to the list of specified offenses ( id . at p. 3). In summary, the evolution of the 1983 amendment and the accompanying bill analyses indicate that the Legislature: (1) understood that the 1980 statute established a fine or penalty; and (2) understood and intended that, notwithstanding the new nomenclature for the $50 payment-criminal laboratory analysis fee-the payment would continue to be a fine or penalty. Certainly, nothing in *1115 these sources suggests the Legislature either understood or intended that the new nomenclature would transform the existing fine or penalty into an administrative fee.
Subsequent legislative developments are fully consistent with these conclusions. In 1985, the Legislature added new crimes to the statute's list of specified offenses. (Stats. 1985, ch. 1098, § 5.) In describing this amendment, the Legislative Counsel's *725 Digest explained: "Existing law requires every person who is convicted of specified controlled substance offenses to pay an additional $50 fine imposed as a criminal laboratory analysis fee .... [¶] This bill would include additional specified offenses ... within these provisions." (Legis. Counsel's Dig., Assem. Bill No. 2401 (1985-1986 Reg. Sess.) 4 Stats. 1985, Summary Dig., p. 380, italics added.) Consistent with this description, the Legislative Analyst explained that the 1985 amendment would "[m]ake[ ] persons convicted of certain acts relating to the manufacture of phencyclidine (PCP), subject to" some of the "existing penalties and punishments that are imposed for other controlled substances violations," including "an additional $50 fine imposed as a criminal laboratory analysis fee." (Legis. Analyst, Analysis of Assem. Bill No. 2401 (1985-1986 Reg. Sess.) as amended May 1, 1985, pp. 1-2.) In 1986, the Legislature again added new crimes to subdivision (a)'s list of specified offenses and, in the subdivision's second paragraph, changed the phrase "the court may , upon conviction, impose a fine ... which shall constitute the increment prescribed by this section" (Stats. 1983, ch. 626, § 1, p. 2527, italics added) to "the court shall , upon conviction, impose a fine ... which shall constitute the increment prescribed by this section ...." (Stats. 1986, ch. 587, § 1, p. 2056, italics added). The Legislative Counsel's Digest explained that the latter change would make mandatory the "fine" that the subdivision's second paragraph authorized. (Legis. Counsel's Dig., Assem. Bill No. 3642 (1985-1986 Reg. Sess.) 4 Stats. 1986, Summary Dig., p. 188.)
At this point, the legislative history of section 11372.7, which the Legislature approved about a month after approving the 1986 amendment to section 11372.5, becomes relevant to the Legislature's understanding and intent regarding both statutes. Analyses of the bill through which the Legislature enacted section 11372.7 repeatedly described the payment that section prescribes as a "fine," a "penalty," and/or a "penalty assessment." For example, several analyses explained that the proposed statute "would ... impos[e] a $100 fine on every person convicted" of a specified offense, that "[t]he fine" is "referred to" in the statute "as 'a drug program fee,' " and that "[a]ny other penalty prescribed by law would not be affected" by the new statute. (Sen. Select Com. on **201 Drug/Alcohol Abuse, 3d reading analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) as amended Apr. 30, 1985, p. 2; see Assem. Com. on Pub. Safety, Analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) *1116 as amended June 18, 1986; Sen. Com. on Judiciary, Analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) as amended Apr. 1, 1985; Sen. Rules Com., Office of Sen. Floor Analyses, Analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) as amended Aug. 18, 1986.) Other analyses stated that the new statute would "provide an enhanced penalty" for specified offenders, the proceeds of which would be used "for drug abuse prevention and treatment programs." (Assem. Com. on Pub. Safety, Analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.); Sen. Com. on Judiciary, com. on Sen. Bill No. 921 (1985-1986 Reg. Sess.).) Several analyses explained that some opponents of the proposed bill were generally "opposed to any additional penalty assessments for criminal offenses," and that other opponents believed the proposed "additional penalty " would constitute "excessive punishment especially in cases of indigency." (Sen. Select Com. on Drug/Alcohol Abuse, 3d reading analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) as amended Apr. 30, 1985, p. 4; Sen Rules Com., Off. of Sen Floor Analyses, Analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) as amended Aug. 18, 1986, p. 4.) Another analysis explained that certain groups "oppose[d] th[e] bill because the additional fine imposed by *726 [the proposed statute] would more than double existing penalty assessments in many instances." (Sen. Com. on Judiciary, Analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) as amended Apr. 11, 1985, p. 6, italics added.)
Several analyses of the bill that proposed section 11372.7 also referred to section 11372.5. For example, after stating that the proposed statute would "impos[e] a $100 fine on" those convicted of specified controlled substance offense, the analysis of the Senate Committee on Judiciary explained: "Currently fines for controlled substance offenders are governed by Section 11372.5," which imposes as a "fine" a "$50 criminal laboratory analysis fee." (Sen. Com. on Judiciary, Analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) as amended Apr. 11, 1985, p. 4, italics added; see also Sen. Rules Com., Off. of Sen. Floor Analyses, Analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) as amended Aug. 18, 1986, p. 2) [identifying "$50 criminal laboratory analysis fee" as a "fine" imposed "by the Health and Safety Code" on "controlled substance offenders"]; Sen. Select Com. on Drug/Alcohol Abuse, 3d reading analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.) as amended Apr. 30, 1985, p. 2 [same]. These legislative materials support the conclusion that when the Legislature amended section 11372.5 and enacted section 11372.7 in 1986, it understood and intended that the payments these sections prescribe are fines, penalties, and punishment.
Subsequent legislative developments also support this conclusion. As enacted, subdivision (c) of section 11372.7 provided in part: "For every drug program fee assessed pursuant to subdivision (a), an amount equal to this assessment shall be deposited into [a drug program] fund for every conviction pursuant to this chapter ...." (Stats. 1986, ch. 1027, § 3, p. 3558.)
*1117 In 1987, the Legislature amended this provision by changing the phrase "assessed" to "assessed and collected." (Stats. 1987, ch. 247, § 1, p. 1235.) According to the legislative history, the purpose of this amendment was to "clarif[y] ... that the county should only deposit funds collected." (Sen. Com. on Judiciary, com. on Sen. Bill No. 639 (1987-1988 Reg. Sess.), p. 1.) As here relevant, various bill analyses referred to drug program fees as "penalty assessments" and/or "fines." ( Ibid . ["Under existing law it is unclear as to whether the counties have to deposit drug and alcohol penalty assessments into a special fund, upon conviction of offender or upon collection of the assessment"]; Assem. Com. on Pub. Safety, Analysis of Sen. Bill No. 639 (1987-1988 Reg. Sess.) [same]; Legis. Analyst, Analysis of Sen. Bill No. 639 (1987-1988 Reg. Sess.) as amended June 16, 1987, p. 1 ["this bill makes various technical changes to current law relating to penalty assessments for specified alcohol- and drug-related offenses"]; Assem. Ways & Means Com., Analysis of Sen. Bill No. 639 (1987-1988 Reg. Sess.) as amended June 16, 1987 [bill "would make several technical clarifications to the laws regarding ...
**202 drug fines" and "require evaluations of drug and alcohol programs funded by these fines"]; Dept. of Fin., Analysis of Sen. Bill No. 639 (1987-1988 Reg. Sess.) [bill "provides clarification that these fines are to be deposited ... upon collection, rather than upon conviction"]; Sen. Rules Com., Off. of Sen. Floor Analyses, Analysis of Sen. Bill No. 639 (1987-1988 Reg. Sess.) as amended June 16, 1987, p. 1 ["clarifies" legislature's "intent" that "drug and alcohol program fines be deposited upon collection, rather than upon conviction"].)
In 1993, the Legislature, through passage of Assembly Bill No. 855, increased the maximum amount of section 11372.7 's drug program fee from $100 to $150. (Stats 1993, ch. 474, § 1.) As introduced, the bill did not amend section 11372.5, but *727 instead proposed adding a new section that would have required specified offenders to pay "a drug abuse education and prevention penalty assessment in an amount not to exceed fifty dollars." (Assem. Bill No. 855 (1993-1994 Reg. Sess.) as introduced Feb. 25, 1993, § 1, italics added.) Regarding this proposal, the Senate Committee on Judiciary explained: "[E]xisting law already provides a $100 penalty assessment for the same universe of individuals covered by this bill. Proceeds from this assessment are also to be used only for the support of drug programs within the schools and the community. ( H. & S.C. Sec. 11372.7 ) Thus, in effect, this bill proposes to create a new body of law in order to increase an existing penalty from $100 to $150." (Sen. Com. on Judiciary, Analysis of Assem. Bill No. 855 (1993-1994 Reg. Sess.) as amended Mar. 29, 1993, p. 3.) The Senate Committee on Judiciary then posed this question: "Should not the existing penalty assessment for persons convicted of controlled substance offenses be increased by $50 in lieu of creating a new section of the law?" ( Ibid .) *1118 The Legislature soon followed this suggestion by omitting the new section from the bill and adding an amendment to section 11372.7 that increased the maximum amount of its drug program fee from $100 to $150. (Assem. Bill No. 855 (1993-1994 Reg. Sess.) as amended Aug. 17, 1993, § 1.) These postenactment revisions to section 11372.7 and their legislative history further indicate that the Legislature understands and intends the section's "drug program fee" to constitute a fine, a penalty, a punishment.
Defendant largely ignores these clear indicators of legislative intent. Instead, he relies on the Court of Appeal's assertion in
People v. Vega
(2005)
Initially, neither the language of the statutes nor their legislative history persuades us to adopt defendant's view of the Legislature's "main purpose" in establishing these charges. As already explained, both statutes refer to the charges as "fine[s]" and provide that, in some cases, the fine "shall be in addition to any
other
penalty prescribed by law." ( § 11372.5, subd. (a) ; § 11372.7, subd. (a).) In terms of legislative history, several analyses of the legislation that enacted section 11372.7 emphasized that the statute "seeks to provide
an enhanced penalty
for those convicted of drug violations." (Assem. Com. on Pub. Safety, Analysis of Sen. Bill No. 921 (1985-1986 Reg. Sess.), p. 2, italics added; Sen. Com. on Judiciary, com. on Sen. Bill No. 921 (1985-1986 Reg. Sess.), italics added.) And an analysis of the legislation that amended section 11372.5 in 1983-by adopting the term "criminal laboratory analysis fee" and expanding the list of offenses subject to that charge (Stats. 1983, ch. 626, § 1, p. 2527)-explained that a purpose of the fee was to "provide an additional reminder to offenders of the true cost of their acts." (Sen. Com. on Judiciary, Analysis of Assem. Bill No. 2044 (1983-1984 Reg. Sess.) as
**203
amended May 2, 1980, p. 4.) This description discloses a legislative intent to promote one of "the traditional aims of punishment" (
*728
People v. Alford
,
supra
, 42 Cal.4th at p. 759,
In any event, even accepting defendant's assertion, we reject his argument that the criminal laboratory analysis and drug program fees are not "punishment" for purposes of Penal Code section 182. As earlier noted, that section provides that a convicted conspirator is "punishable in the same manner and to the same extent as is provided for the punishment of" the underlying target offense. (
Ibid.
) As also noted earlier, we held in
Athar
,
supra
, 36 Cal.4th at page 405,
Supporting this conclusion is our decision in
People v. Talibdeen
(2002)
As defendant observes, several courts of appeal have stated that
Talibdeen
is not dispositive of whether section 11372.5, subdivision (a) 's criminal
*1120
laboratory analysis fee constitutes either a punishment or a penalty. In
Vega
,
supra
, 130 Cal.App.4th at page 195,
Although we agree with defendant that
Talibdeen
is not dispositive, it clearly supports our conclusion. As noted above, the central issue there was whether imposition of the additional penalties was "mandatory"-in which case they could be imposed on appeal notwithstanding the People's failure to object below-or "discretionary"-in which case they could not be imposed on appeal. (
Talibdeen
,
supra
, 27 Cal.4th at p. 1153,
By contrast, our decision in
People v. Alford
,
supra
,
As this discussion makes clear, there are significant differences between the indicia of legislative intent we cited in People v. Alford regarding the court security fee and the indicia of legislative intent regarding the charges at issue in this case. Whereas the Legislature referred to the court security charge as a fee, as we have explained, both the statutes and the legislative history refer to the criminal laboratory analysis and drug program fees as fines, penalties, and punishments. Whereas the Legislature did not require a criminal conviction for imposition of the court security fee, and imposed that fee even in the civil context, it provided for imposition of the criminal laboratory analysis and drug program fees only in the criminal context and only upon conviction . Finally, unlike the court security fee, the criminal laboratory analysis and *1122 drug program fees were not enacted as part of an emergency budgetary measure in order to exactly offset a reduction in General Fund financing for trial courts. Given these differences regarding legislative intent, our conclusion here that the criminal laboratory analysis and drug program fees are punishment for purposes of the conspiracy sentencing statute is not at all in tension with our conclusion in People v. Alford that the court security fee is not punishment for ex post facto purposes.
As noted earlier, a finding that the Legislature intended a particular sanction to constitute punishment " 'ends the inquiry.' " (
Mosley
,
supra
, 60 Cal.4th at p. 1063,
*731 Shortly before oral argument, defendant filed a request to submit supplemental briefing on two additional issues: (1) whether the criminal laboratory analysis fee and the drug program fee are subject to penalty assessments (see fn. 5, ante ); and (2) whether a firearm sentence enhancement he received under Penal Code section 12022.53, subdivision (c), was affected by that statute's recent amendment (Stats. 2017, ch. 682, § 2). We denied his request. We leave it to the Court of Appeal to decide how to address these issues on remand should defendant elect to pursue them.
DISPOSITION
We affirm the decision of the Court of Appeal and remand to that court for further proceedings consistent with this opinion.
WE CONCUR:
CANTIL-SAKAUYE, C.J.
CORRIGAN, J.
LIU, J.
CUÉLLAR, J.
KRUGER, J.
ASHMANN-GERST, J. *
Associate Justice of the Court of Appeal, Second Appellate District, Division Two, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
All further unlabeled statutory references are to the Health and Safety Code.
In addition to rejecting defendant's claim on the merits, the Court of Appeal concluded that defendant had forfeited his claim by failing to object in the trial court to the fees' imposition. However, because defendant contends the fees are "unauthorized"-i.e., as a matter of law, they may not be imposed for his conspiracy conviction-his failure to object below does not constitute a forfeiture. (
People v. Dotson
(1997)
We have often found enrolled bill reports to be " 'instructive' " as to the Legislature's intent, purpose, and understanding in enacting a statute, because they are "generally prepared within days after" the statute's passage and are written by "governmental department[s] charged with informing the Governor about the [statute] so that he can decide whether to sign it, thereby completing the legislative process." (
Conservatorship of Whitley
(2010)
Early versions of the 1980 statute referred to the $50 payment as "a special financial penalty" to be "assessed" "in addition to any other penalty imposed." (Sen. Bill No. 1535 (1979-1980 Reg. Sess.) as introduced Feb. 21, 1980, and as amended Mar. 24, 1980, Apr. 15, 1980, May 22, 1980, and June 9, 1980.) Analyzing this language, the Senate Committee on the Judiciary variously characterized the payment as "a special financial penalty," "a special fine," and "a special $50 penalty assessment." (Sen. Com. on Judiciary, Analysis of Sen. Bill No. 1535 (1979-1980 Reg. Sess.) as amended Mar. 24, 1980, pp. 1-2.) The Assembly Committee on Criminal Justice likewise characterized the payment as "a special financial $50.00 penalty" and a "special fine[ ]." (Assem. Com. on Crim. Justice, Analysis of Sen. Bill No. 1535 (1979-1980 Reg. Sess.) as amended June 9, 1980, p. 1.) All of these formulations, as well as the language of the enacted 1980 statute-"part of any fine imposed"-indicate a legislative intent to punish. (Stats. 1980, ch. 1222, § 1, p. 4140.)
The issue in
Watts
was whether the criminal laboratory analysis fee is subject to penalty assessments under various statutes that require "a certain dollar amount" to be added to " 'every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses.' " (
Watts
, at pp. 228-229,
Regarding the first of these sentences, whereas the 1980 statute directed courts to "increase the total fine as necessary to include this increment" (Stats. 1980, ch. 1222, § 1, p. 4140, italics added), the 1983 statute omitted the word "as" and directed courts to "increase the total fine necessary to include this increment" (Stats. 1983, ch. 626, § 1, p. 2527). Regarding the second sentence, the 1983 amendment added commas to offset the phrase "upon conviction" and changed the final phrase from "other penalty authorized by law" (Stats. 1980, ch. 1222, § 1, p. 4140) to "other penalty prescribed by law" (Stats. 1983, ch. 626, § 1, p. 2527). Nothing about these alterations suggests a change in the Legislature's view that the payment, even when called a criminal laboratory analysis fee, was a "fine" and a "penalty."
Elsewhere in our opinion, we explained that the 2003 Budget Act reduced General Fund financing for trial courts in the same amount that the fee was projected to generate: $34 million. (
People v. Alford
,
supra
, 42 Cal.4th at p. 754,
We disapprove
People v. Martinez
(2017)
Reference
- Full Case Name
- The PEOPLE, Plaintiff and Respondent, v. Feliz Corral RUIZ II, Defendant and Appellant.
- Cited By
- 103 cases
- Status
- Published