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AB-1075 Local law enforcement expenses.(2003-2004)

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AB1075:v90#DOCUMENT

Passed  IN  Senate  August 26, 2004
Passed  IN  Assembly  August 27, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 1075

Introduced  by  Assembly Member Matthews
 (Principal Coauthor(s): Senator Denham)
 (Coauthor(s): Assembly Member Aghazarian, Cogdill, Mullin)

February 20, 2003

An act to add Section 15202.3 to, and to add and repeal Section 15202.4 of, the Government Code, relating to law enforcement expenses, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1075, Matthews. Local law enforcement expenses.
(1) The Budget Act of 2003 provides for payment to counties for costs of homicide trials.
This bill would provide that, notwithstanding any other provision of law, funds appropriated by the Budget Act of 2004 shall be available for reimbursement of 100% of the costs incurred by the County of Stanislaus for the homicide prosecution of Scott Peterson. The bill would also provide that, notwithstanding any other provision of law, requests for reimbursement of local agency costs for homicide trials shall be reviewed by the Controller prior to payment and would specify standards for reimbursement by the Controller.
(2) Existing law provides for state reimbursement of a county for costs of homicide trials upon application to the Controller, as prescribed.
This bill would authorize, until July 1, 2006, a county or a city with a specified population, that is responsible for the costs of the investigation and apprehension of a person suspected of the murder of a peace officer, to apply to the Controller for reimbursement of costs incurred by the county or city on and after January 1, 2004, in excess of normal salaries and expenses, as prescribed. The bill would limit a claim for reimbursement to no more than $500,000 per peace officer killed. The bill would require the Legislative Analyst to report to specified committees of the Legislature on the use of this provision, by January 1, 2006.
(3) This bill would become operative only if SB 592 of the 2003–04 Regular Session is chaptered.
This bill would declare that it is to take effect immediately as an urgency statute.
Appropriation: YES  

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


SECTION 1.

 It is the intent of the Legislature to ensure public safety through the apprehension of those who willfully murder a peace officer. The Legislature finds and declares the following:
(a) The public’s safety is at greater risk with the death of a peace officer, as the nature of the murder implies heinous disregard for uniformed law enforcement, and potentially sophisticated means of evading law enforcement.
(b) The apprehension of such a threat to society sends a message to local communities that law enforcement is capable of maintaining public safety, and ensuring that peace officers remain a service to the public.
(c) In the case of extraordinary measures used to apprehend the murderer of a peace officer, criminals are deterred from crimes against peace officers.
(d) Peace officers risk their lives daily to protect the public and all means necessary should be utilized to ensure their safety and encourage future peace officers.

SEC. 2.

 Section 15202.3 is added to the Government Code, to read:

15202.3.
 (a) Notwithstanding any other provision of law, requests for reimbursement of county costs for homicide trials shall be reviewed by the Controller prior to payment.
(b) The Controller shall not reimburse any county for costs incurred pursuant to Section 15202 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 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.
(c) The Controller shall reimburse counties for reasonable and necessary expenses incurred pursuant to Section 15202, except that reimbursements to a county shall not exceed the following:
(1) For attorney services, an hourly rate equal to that county’s average hourly cost for public defenders, the hourly rate paid to appointed counsel, or the hourly rate charged to state agencies by the Attorney General for attorney services, whichever rate is less.
(2) For investigators, an hourly rate equal to that county’s average hourly cost for county-employed investigators or the hourly rate charged to state agencies by the Attorney General for investigators, whichever rate is less.
(3) For expert witnesses, the hourly rate that the county generally pays for these services.

SEC. 3.

 Section 15202.4 is added to the Government Code, to read:

15202.4.
 (a) A county with a population of 200,000 or less, as of January 1, 1990, or a city with a population of 65,000 or less as of January 1, 2000, that is responsible for the costs of the investigation and apprehension of a person suspected by investigators or local law enforcement personnel of the murder, as defined in Section 189 of the Penal Code, of a peace officer, as defined in Section 830.1 of the Penal Code, may apply to the Controller for reimbursement of the costs incurred by that county or city on and after January 1, 2004, that are in excess of the normal salaries and expenses of investigating and apprehending a person suspected of murder pursuant to the second paragraph of Section 15202. A claim for reimbursement may not exceed five hundred thousand dollars ($500,000) for costs incurred in connection with each killed peace officer. These costs may include, but are not limited to, the use of specialized vessels or vehicles or specialized technology for surveillance enhancement.
(b) The Legislative Analyst shall report to the Senate Committee on Local Government, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Local Government and the Assembly Committee on Budget by January 1, 2006, on the use of this section.
(c) This section shall become inoperative on July 1, 2006, and as of January 1, 2007, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2007, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 4.

 Notwithstanding any other provision of law, funds appropriated by Item 8180-101-0001 of the Budget Act of 2004 shall be available for reimbursement of 100 percent of the costs incurred by the County of Stanislaus for the homicide prosecution of Scott Peterson.

SEC. 5.

 This act shall become operative only if Senate Bill 592 of the 2003–04 Regular Session is chaptered.

SEC. 6.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide local government with urgently needed fiscal assistance at the earliest possible time, it is necessary that this act take effect immediately.