Can a portion of a fine imposed against a defendant under section 1463.23 of the California Criminal Code be deposited in a special account to fund AIDS education programs?

California, United States of America

The following excerpt is from People v. Licona, G049553 (Cal. App. 2015):

When fines are imposed against a defendant convicted of certain crimes, a portion of those fines must be deposited in a special account to fund AIDS education programs. ( 1463.23.) Section 288, subdivision (a), of which defendant was convicted in this case, is not one of the crimes specified in section 1463.23. Therefore, the AIDS education fee was improperly imposed and must be stricken. (People v. Ogg (2013) 219 Cal.App.4th 173, 186 [AIDS education fee was unauthorized because the defendant was convicted of violating section 288.5, which is not an enumerated offense under section 1463.23].)

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Can a portion of a fine imposed against a defendant under section 1463.23 of the California Criminal Code be deposited in a special account to fund AIDS education programs?

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