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California Penal Code Section 1203.1h

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 1203.1h

(a) In addition to any other costs which a court is
authorized to require a defendant to pay, upon conviction of any
offense involving child abuse or neglect, the court may require that
the defendant pay to a law enforcement agency incurring the cost, the
cost of any medical examinations conducted on the victim in order to
determine the nature or extent of the abuse or neglect.  If the
court determines that the defendant has the ability to pay all or
part of the medical examination costs, the court may set the amount
to be reimbursed and order the defendant to pay that sum to the law
enforcement agency in the manner in which the court believes
reasonable and compatible with the defendant's financial ability.  In
making a determination of whether a defendant has the ability to
pay, the court shall take into account the amount of any fine imposed
upon the defendant and any amount the defendant has been ordered to
pay in restitution.
   (b) In addition to any other costs which a court is authorized to
require a defendant to pay, upon conviction of any offense involving
sexual assault or attempted sexual assault, including child
molestation, the court may require that the defendant pay, to the law
enforcement agency, county, or local governmental agency incurring
the cost, the cost of any medical examinations conducted on the
victim for the collection and preservation of evidence.  If the court
determines that the defendant has the ability to pay all or part of
the cost of the medical examination, the court may set the amount to
be reimbursed and order the defendant to pay that sum to the law
enforcement agency, county, or local governmental agency, in the
manner in which the court believes reasonable and compatible with the
defendant's financial ability.  In making the determination of
whether a defendant has the ability to pay, the court shall take into
account the amount of any fine imposed upon the defendant and any
amount the defendant has been ordered to pay in restitution.  In no
event shall a court penalize an indigent defendant by imposing an
additional period of imprisonment in lieu of payment.

Last modified: January 12, 2009