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SB-1356 Counties: homicide trials: reimbursement.(2009-2010)

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SB1356:v98#DOCUMENT

Amended  IN  Senate  April 05, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill
No. 1356

Introduced  by  Senator Denham
 (Coauthor(s): Senator Cogdill)
 (Coauthor(s): Assembly Member Bill Berryhill, Tom Berryhill, Galgiani)

February 19, 2010

An act to amend Section 15202 Sections 15202 and 15203 of the Government Code, relating to counties.


LEGISLATIVE COUNSEL'S DIGEST


SB 1356, as amended, Denham. Counties: homicide trials: reimbursement.
Existing law authorizes a county that is responsible for the cost of a trial or trials or any hearing of a person for the offense of homicide to apply to the Controller for reimbursement of a portion of the costs incurred by the county in excess of the amount of money derived by the county from a tax of 0.0125 of 1% of the full value of property assessed for purposes of taxation within the county, if the homicide occurred on or after January 1, 2005.
This bill would authorize a county, when the victim of the homicide was a state or local law enforcement officer a homicide that occurred on or after January 1, 2005, was a peace officer, as specified, to apply to the Controller for a complete reimbursement of the costs incurred by the county, as specified. This bill would also authorize a city in that county to apply to the Controller for reimbursement of investigative costs incurred by the city that are attributable to that trial, trials, or hearing.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 15202 of the Government Code is amended to read:

15202.
 (a) Except as provided in subdivision (c), a county that is responsible for the cost of a trial or trials or any hearing of a person for the offense of homicide may apply to the Controller for reimbursement of the costs incurred by the county in excess of the amount of money derived by the county from a tax of 0.0125 of 1 percent of the full value of property assessed for purposes of taxation within the county.

(b)For purposes of subdivision (a), the formula in this

(b) The formulas in this section shall apply to any homicide trial in which the commission of the crime occurred on or after January 1, 2005. Homicide trials for which the crime was committed before January 1, 2005, shall qualify under the reimbursement statute in effect before that date.

(c)Notwithstanding subdivisions (a) and (b), a county that is

(c) (1) Notwithstanding the cost threshold specified in subdivision (a), a county that is responsible for the cost of a trial or trials or any hearing of a person for the offense of homicide may apply to the Controller for a complete reimbursement of the costs incurred by the county if the victim of the homicide was a state or local law enforcement officer. the victim of the homicide was a peace officer who was killed while engaged in the course of the performance of his or her official duties, or in retaliation for the performance of his or her official duties, as defined in paragraph (7) of subdivision (a) of Section 190.2 of the Penal Code.
(2) In addition to any reimbursements to a county that are authorized pursuant to this subdivision, a city located in a county that is responsible for the cost of a trial or trials or any hearing of a person for the offense of homicide may apply to the Controller for reimbursement of investigative costs incurred by the city that are attributable to that trial, trials, or hearing, if the victim of the homicide was a peace officer who was killed while engaged in the course of the performance of his or her official duties, or in retaliation for the performance of his or her official duties, as defined in paragraph (7) of subdivision (a) of Section 190.2 of the Penal Code.
(d) The Controller shall not reimburse any county or city for costs that exceed the California Victim Compensation and Government Claims Board’s standards for travel and per diem expenses. The Controller may reimburse extraordinary costs in unusual cases if the county or city provides sufficient justification of the need for these expenditures. Nothing in this section shall permit the reimbursement of costs for travel in excess of 1,000 miles on any single round trip, without the prior approval of the Attorney General.
(e) Reimbursement funds appropriated pursuant to this section are available for three fiscal years from the date of the appropriation. After three fiscal years, any unused funds shall revert back to the General Fund.

SEC. 2.

 Section 15203 of the Government Code is amended to read:

15203.
 If the county or city meets the conditions described in Section 15202 and applies to the State Controller for reimbursement pursuant to that section, and the State Controller determines, for purposes of a county reimbursement, that the reimbursement meets the provisions of Section 15201, the State Controller shall request the Director of Finance to include any amounts necessary to fulfill the purposes of Section 15202 annually in a request for deficiency appropriation in augmentation of the emergency fund.