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AB-141 County reimbursement: Joseph James DeAngelo, Jr. costs.(2019-2020)

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Date Published: 03/25/2019 09:00 PM
AB141:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 141


Introduced by Assembly Member Cooper
(Coauthors: Assembly Members Chen, Choi, Cooley, Diep, Flora, Kiley, Limón, Mathis, McCarty, Patterson, and Quirk-Silva)
(Coauthors: Senators Bates, Dodd, Galgiani, Glazer, Grove, Hill, Jackson, Nielsen, and Pan)

December 12, 2018


An act to add Section 26019 to the Business and Professions Code, relating to cannabis. An act to add Chapter 4 (commencing with Section 15210) to Part 6 of Division 3 of Title 2 of the Government Code, relating to county reimbursement.


LEGISLATIVE COUNSEL'S DIGEST


AB 141, as amended, Cooper. Cannabis: informational, educational, or training events. County reimbursement: Joseph James DeAngelo, Jr. costs.
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 excessive costs incurred by the county under specified circumstances. Under existing law, if the Controller determines that reimbursement is proper, the Controller is required to request the Director of Finance to include any amounts necessary to fulfill reimbursement in a request for deficiency appropriation.
This bill would enact the Justice Act of 2019 for the Reimbursement of County Costs Arising from the Matter of the People v. Joseph DeAngelo, and would authorize the County of Sacramento and other California counties to be reimbursed for the reasonable and necessary costs, as specified, incurred in connection with the prosecution and defense of Joseph DeAngelo. The bill would require a county seeking reimbursement to send a statement of costs to the Controller for approval, and would require the Controller, within 60 days, to either pay approved costs or provide a written statement as to the reason for not making reimbursement at that time. The bill would create the Justice Act of 2019 Fund for these purposes.

The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Under existing administrative law, the Bureau of Cannabis Control may issue a state temporary cannabis event license to allow retailers and microbusinesses licensed under MAUCRSA to make onsite sales of cannabis goods at a temporary cannabis event.

MAUCRSA specifies that the actions of a licensee, its employees, and its agents that are permitted under a license issued under that act and any applicable local ordinances and conducted in accordance with the requirements of, and regulations adopted pursuant to, the act are not unlawful under state law and are not an offense subject to arrest, prosecution, or other sanction under state law. AUMA also authorizes a person 21 years of age or older to possess and transport up to 28.5 grams of marijuana and up to 8 grams of concentrated cannabis, and to possess up to 6 living marijuana plants and the marijuana produced by those plants, subject to certain restrictions, as specified.

This bill would authorize retailers, cultivators, and manufacturers that are licensed under MAUCRSA to participate in, and not be required to obtain a temporary cannabis event license or other temporary license for, a cannabis informational, educational, or training event held for state and local government officials and their employees, including, but not limited to, legislators, city council members, law enforcement organizations, emergency medical services staff, firefighters, child protective services, and social workers; employees of health care facilities; and employees of public and private schools, if specified conditions are met. These conditions would include that the event is not open to the public and that onsite consumption, provision of free samples, or sale is prohibited at the event. The bill would require that licensed cannabis retailers, cultivators, and manufacturers transporting cannabis products between their licensed premises and the event venue use a licensed distributor under MAUCRSA.

The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature.

This bill would declare that its provisions further specified purposes and intent of the act.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  4. The Justice Act of 2019 for the Reimbursement of County Costs

15210.
 This chapter shall be known, and may be cited, as the Justice Act of 2019 for the Reimbursement of County Costs Arising from the Matter of the People v. Joseph DeAngelo.

15210.5.
 The Legislature finds and declares all of the following:
(a) The comprehensive prosecution of Joseph DeAngelo for multiple murder and kidnapping charges alleged to have occurred between 1974 and 1986 and spanning at least 11 counties across the State of California is pending in the County of Sacramento.
(b) The scope of the prosecution of Joseph DeAngelo is unprecedented and of statewide importance, and the counties affected contain nearly one-third of the population of the entire state.
(c) The District Attorneys from the Counties of Orange, Ventura, Tulare, Santa Barbara, Contra Costa, and Sacramento have consolidated all charges arising out of conduct in their respective counties and resolved that all charges will be prosecuted in the County of Sacramento.
(d) The Superior Court of the County of Sacramento has appointed counsel at the County of Sacramento’s expense to defend Joseph DeAngelo on all charges.
(e) Eleven of the 13 alleged homicides occurred in counties other than Sacramento: four homicides in Santa Barbara; four in Orange; two in Ventura; and one in Tulare.
(f) The expense of the prosecution and defense of the DeAngelo case cannot be borne by the County of Sacramento without endangering other critical services.
(g) It is the intent and purpose of this chapter to permit the County of Sacramento and other counties that meet the requirements of Section 15210.10 to be entitled to reimbursement for reasonable and necessary costs connected with the prosecution and defense of all charges alleged against Joseph DeAngelo in the same manner and to the same extent that costs are reimbursed pursuant to Sections 4750, 4751, 4752, and 4753 of the Penal Code with respect to state prisons or prisoners.
(h) It is the intent and purpose of this chapter to ensure that defense statements of costs submitted to the Controller and reimbursement payments made by the Controller shall be confidential to the same extent that defense costs are confidential under Section 987.9 of the Penal Code.

15210.10.
 (a) The County of Sacramento and any other California county that meets the requirements of subdivision (b) shall be entitled to reimbursement for reasonable and necessary costs incurred in connection with the prosecution and defense of Joseph DeAngelo on all charges prosecuted in the County of Sacramento and any related and successive prosecutions.
(b) A county other than the County of Sacramento is entitled to reimbursement for reasonable and necessary costs incurred in connection with the prosecution and defense of Joseph DeAngelo on all charges prosecuted in the County of Sacramento in Case Number 18FE008017 and any related and successive prosecutions, if the county satisfies both of the following conditions:
(1) The county has reached a memorandum of understanding with the County of Sacramento regarding the allocation and organization of labor and costs between the counties.
(2) Employees of the county and other persons providing services to the county pursuant to the memorandum of understanding shall operate under the direction and supervision of the County of Sacramento lead prosecutor or under the direction and supervision of the County of Sacramento appointed lead defense counsel.
(c) A county shall not file, and the state shall not reimburse, a claim pursuant to this section that is filed more than 12 months after the close of the month in which the costs were incurred.

15210.15.
 Reimbursable costs incurred by the County of Sacramento and any other California county that meets the requirements of subdivision (b) of Section 15210.10 include all of the following:
(a) Costs of participation in any trial or hearing of any matter set forth in Section 15210.10, including costs for the preparation for the trial, pretrial hearing, actual trial or hearing, expert witness fees, costs of prejudgment appeals and petitions, and the execution of the sentence. Reimbursable costs do not include the costs of postconviction appeals and petitions, except as required by Section 1240.1 of the Penal Code.
(b) Costs of the prosecuting attorney in investigating, evaluating, or prosecuting cases related to any matter set forth in Section 15210.10, whether or not the prosecuting attorney decides to commence legal action.
(c) Costs incurred by the public defender or court-appointed attorney with respect to any matter set forth in Section 15210.10, including the costs of appointed cocounsel under Keenan v. Superior Court (1982) 31 Cal.3d 424.
(d) Any costs incurred for providing training in the investigation, prosecution, and defense associated with any matter set forth in Section 15210.10.
(e) Any other costs reasonably incurred by the County of Sacramento or any other California county that meets the requirements of subdivision (b) of Section 15210.10 in connection with any matter set forth in Section 15210.10.

15210.20.
 As used in this chapter, reasonable and necessary costs shall be based upon all operating costs, including the cost of elected officials, while serving in line functions and including all administrative costs associated with providing the necessary services and securing reimbursement therefor. Administrative costs include a proportional allowance for overhead, determined in accordance with current accounting practices.

15210.25.
 (a) The County of Sacramento and any other California county that meets the requirements of subdivision (b) of Section 15210.10 shall designate separate officers or agencies to prepare separate statements of costs for the prosecution and the defense that shall be reimbursed under this chapter.
(b) The statements of costs shall be sent to the Controller for approval. The Controller shall reimburse with funds that have been appropriated by the Legislature the County of Sacramento and any other California county that meets the requirements of subdivision (b) of Section 15210.10 within 60 days after receipt of the statement or provide a written statement as to the reason for not making reimbursement at that time. If sufficient funds are not available, the Controller shall request the Director of Finance to include any amounts necessary to satisfy the claims in a request for a deficiency appropriation.
(c) In reimbursing the County of Sacramento and any other California county that meets the requirements of subdivision (b) of Section 15210.10 for defense costs, the Controller shall be guided by the need to provide a complete and full defense for the defendant as enunciated in Section 987.9 of the Penal Code.

15210.30.
 (a) The fact that a statement of defense costs has been prepared and submitted to the Controller shall be confidential, and the contents of the statement of defense costs shall be confidential to the same extent that an application for funds is confidential under Section 987.9 of the Penal Code.
(b) The confidentiality provided in this section shall not preclude any court from providing the Attorney General with access to documents protected by this section when the defendant raises an issue on appeal or collateral review where the recorded portion of the record created pursuant to this section relates to the issue raised. When the defendant raises that issue, the funding records, or relevant portions thereof, shall be provided to the Attorney General at the Attorney General’s request. In this case, the documents shall remain under seal and their use shall be limited solely to the pending proceeding.

15210.35.
 The Justice Act of 2019 Fund is hereby created as a fund within the State Treasury for the purposes of implementing this chapter.

SECTION 1.Section 26019 is added to the Business and Professions Code, to read:
26019.

(a)Retailers, cultivators, and manufacturers that are licensed under this division may participate in, and shall not be required to obtain a temporary cannabis event license or other temporary license for, a cannabis informational, educational, or training event in which cannabis or cannabis products are on display, if all of the following conditions are met:

(1)The event is held for the following:

(A)State and local government officials and their employees, including, but not limited to, legislators, city council members, law enforcement organizations, emergency medical services staff, firefighters, child protective services, and social workers.

(B)Employees of health care facilities.

(C)Employees of public and private schools.

(2)The event is not open to the general public.

(3)Event organizers ensure all attendees are one of the following:

(A)At least 21 years of age.

(B)At least 18 years of age and possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for himself or herself or for a person for whom he or she is a primary caregiver.

(4)Any cannabis or cannabis products on display adhere to the following requirements:

(A)Cannabis or cannabis products may be removed from their packaging and placed in containers to allow for inspection. The containers shall not be readily accessible without assistance of a licensee or an employee of the licensee. A licensee or an employee of a licensee shall remain with the attendee at all times that the container is being inspected.

(B)Cannabis or cannabis products removed from their packaging for display shall not be sold and shall not be consumed.

(C)All cannabis and cannabis products shall comply with all track and trace requirements set forth in this division and in other law.

(5)Onsite consumption, provision of free samples, or sale at the event is prohibited.

(b)Licensed retailers, cultivators, and manufacturers participating at the cannabis informational, educational, or training event shall use a licensed distributor to transport cannabis or cannabis products between the licensed premises of the retailer, cultivator, or manufacturer and the event venue in accordance with Section 26070.

(c)Nothing in this section precludes state or local agencies from holding cosponsored events.

SEC. 2.

The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act, for the following reason:

This measure authorizes events pertaining to cannabis in order to provide information, education, and training to those who are in a position to protect the public safety and the public health.