BILL NUMBER: AB 2160	CHAPTERED  09/14/04

	CHAPTER  517
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2004
	PASSED THE ASSEMBLY  AUGUST 16, 2004
	PASSED THE SENATE  AUGUST 5, 2004
	AMENDED IN SENATE  MAY 13, 2004

INTRODUCED BY   Assembly Member Reyes

                        FEBRUARY 18, 2004

   An act to add Section 11055 to the Penal Code, relating to foreign
prosecution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2160, Reyes.  Foreign prosecution.
   Existing law provides that the Attorney General may, upon the
request of any local, state or federal law enforcement official, make
available to that official the department's technical experts for
the purpose of assisting in the investigation of criminal matters,
the detection of crimes, and the apprehension or prosecution of
criminals.
   This bill would create the Foreign Prosecution and Law Enforcement
Unit within the Department of Justice, responsible for assisting
local law enforcement agencies with foreign prosecutions, child
abduction recoveries and returns under the Hague Convention on the
Civil Aspects of International Child Abduction, and law enforcement
investigative matters, as specified.  This bill would also provide
that the unit would collect information on a statewide basis
regarding foreign prosecution cases for the primary purpose of
analyzing the information it collects and disseminating its
conclusions to local law enforcement agencies.  The bill would
provide that local law enforcement agencies shall retain the
authority to prepare and present foreign prosecution cases without
the unit's assistance.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11055 is added to the Penal Code, to read:
   11055.  (a) There is within the Department of Justice the Foreign
Prosecution and Law Enforcement Unit designated with the
responsibility for assisting local law enforcement agencies with
foreign prosecutions, child abduction recoveries and returns under
the Hague Convention on the Civil Aspects of International Child
Abduction, and law enforcement investigative matters.  The  unit is
also responsible for assisting local law enforcement in obtaining
information from foreign officials on foreign prosecution matters.
   (b) The Foreign Prosecution and Law Enforcement Unit shall do all
of the following:
   (1) For those countries having extraterritorial jurisdiction
allowing for the prosecution of their citizens for crimes committed
in California, the unit shall, upon request, provide informational
assistance to local law enforcement on foreign prosecution protocols
and provide technical assistance in preparing investigative materials
for forwarding and filing in international jurisdiction.  The unit
shall provide information and assistance on the scope and uses of
foreign prosecution to California prosecutors and law enforcement
agencies.  The unit shall be responsible for tracking foreign
prosecution cases presented by California law enforcement agencies.
The unit shall collect information on a statewide basis regarding
foreign prosecution cases for the primary purpose of analyzing the
information it collects and disseminating its conclusions to local
law enforcement agencies.  Local law enforcement agencies shall
retain the authority to prepare and present foreign prosecution cases
without the assistance of the unit.
   (2) The unit shall assist district attorneys in recovering
children from Mexico, and, where appropriate, other countries either
in court-ordered returns pursuant to the Hague Convention or
voluntary returns.
   (3) The unit shall, upon request, assist local law enforcement
agencies and foreign law enforcement in formal requests under the
Mutual Legal Assistance Treaty.  The unit shall, upon request, also
assist California law enforcement agencies and foreign officials in
informal requests for mutual legal assistance.
   (4) The unit, under the direction of the Attorney General, shall
provide information to local law enforcement on sensitive diplomatic
issues.