BILL NUMBER: AB 1820	CHAPTERED  08/01/08

	CHAPTER  213
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2008
	APPROVED BY GOVERNOR  AUGUST 1, 2008
	PASSED THE SENATE  JULY 3, 2008
	PASSED THE ASSEMBLY  JULY 15, 2008
	AMENDED IN SENATE  JUNE 11, 2008
	AMENDED IN ASSEMBLY  APRIL 10, 2008
	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Member Galgiani

                        JANUARY 18, 2008

   An act to amend Sections 15201 and 15202 of the Government Code,
relating to counties.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1820, Galgiani. 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.
   This bill would limit this authorization to a county that is
responsible for the cost of a trial or trials or any hearing of a
person for the offense of homicide that was committed on or after
January 1, 2005. This bill would authorize a county to receive
reimbursement for homicide trials for crimes committed prior to
January 1, 2005, at the rate specified at the time the crime was
committed. The bill would also revise the definition of "costs
incurred by the county" to mean, among other things, court-appointed
expert witness fees and expenses, and would provide that
reimbursement funds appropriated pursuant to these provisions are
available for 3 fiscal years from the date of the appropriation,
after which time the funds revert back to the General Fund.


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

  SECTION 1.  Section 15201 of the Government Code is amended to
read:
   15201.  As used in this chapter, "costs incurred by the county"
means all costs, except normal salaries and expenses, incurred by the
county in bringing to trial or trials, including the trial or trials
of, a person or persons for the offense of homicide, including
costs, except normal salaries and expenses, incurred by the district
attorney in investigation and prosecution, by the sheriff in
investigation, by the public defender or court-appointed attorney or
attorneys in investigation and defense, and all other costs, except
normal salaries and expenses, incurred by the county in connection
with bringing the person or persons to trial including the trial
itself, which include extraordinary expenses for such services as
witness fees and expenses, court-appointed expert witness fees and
expenses, reporter fees, and costs in preparing transcripts. Trial
costs shall also include all pretrials, hearings, and postconviction
proceedings, if any. "Costs incurred by the county" do not include
any costs paid by the superior court or for which the superior court
is responsible.
  SEC. 2.  Section 15202 of the Government Code is amended to read:
   15202.  (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 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) The formula 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) The Controller shall not reimburse any county 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 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.
   (d) 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.