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AB-1440 Peace officers.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1440:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1440


Introduced by Assembly Member Kalra

February 17, 2017


An act to amend Section 11401.5 of the Welfare and Institutions Code, relating to foster care. add Section 830.85 to the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1440, as amended, Kalra. Aid to Families with Dependent Children-Foster Care. Peace officers.
Under existing law, federal criminal investigators and law enforcement officers are not California peace officers, but are authorized to exercise the powers of arrest of a peace officer in this state under specified circumstances, including when probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.
This bill would specify that United States Immigration and Customs Enforcement officers are not California peace officers.

Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law requires the county to review the child’s or nonminor dependent’s payment amount annually, including an examination of any circumstances of a foster child or nonminor dependent that are subject to change and could affect the child’s or nonminor dependent’s potential eligibility or payment amount.

This bill would make a technical, nonsubstantive change to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 830.85 is added to the Penal Code, immediately following Section 830.8, to read:

830.85.
 Notwithstanding any other law, United States Immigration and Customs Enforcement officers are not California peace officers.

SECTION 1.Section 11401.5 of the Welfare and Institutions Code is amended to read:
11401.5.

The county shall annually review the child’s or nonminor dependent’s payment amount. The review shall include an examination of any circumstances of a foster child or nonminor dependent that are subject to change and could affect the child’s or nonminor dependent’s potential eligibility or payment amount, including, but not limited to, authority for placement, eligible facility, and age.