BILL NUMBER: SB 1296	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2010

INTRODUCED BY   Senator Correa

                        FEBRUARY 19, 2010

   An act to  amend Section 1297 of the Penal Code, relating
to bail  add Section 13515.36 to the Penal Code,
relating to peace officer training  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1296, as amended, Correa.  Bail: deposit claims.
  Peace officer training: traumatic brain injury: post-
  traumatic stress disorder.  
   Existing law provides that the Commission on Peace Officer
Standards and Training establish and keep updated various training
programs to maintain the level of competence of various law
enforcement officers.  
   This bill would require the commission to assess the training
needed by peace officers on the topic of returning veterans or other
persons suffering from traumatic brain injury (TBI) or post-traumatic
stress disorder (PTSD). Should the commission find a need for the
training, the bill would require the commission, in consultation with
designated entities with expertise in TBI and PTSD, to create and
make available a course for peace officers, who are first responders
in emergency situations, on how to recognize and interact with
persons suffering from TBI or PTSD, as specified. The bill would also
require the commission to distribute, as necessary, a training
bulletin via the Internet to specified law enforcement agencies on
the topics of TBI and PTSD, and to report to the Legislature, no
later than June 30, 2012, on the extent to which peace officers are
receiving adequate training in how to interact with persons suffering
from TBI or PTSD.  
   Under existing law, when money has been deposited in lieu of bail
in satisfaction of any judgment for the payment of a fine, a receipt
is issued in the name of the depositor. If the person to whom the
receipt was issued was not the defendant, the deposit after judgment
shall be returned to that person within 10 days after the person
claims it by submitting the receipt, and if a claim is not made
within 10 days of the exoneration of the bail, the clerk shall
immediately notify the depositor of the exoneration of the bail.
 
   This bill would extend the above time periods relating to claims
for deposits after judgment from 10 days to 14 days. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 13515.36 is added to the 
 Penal Code   , to read:  
   13515.36.  (a) The commission shall meet with the Department of
Veterans Affairs and community, local, or other state organizations
and agencies that have expertise in the area of traumatic brain
injury (TBI) and post-traumatic stress disorder (PTSD) in order to
assess the training needed by peace officers, who are first
responders in emergency situations, on the topic of returning
veterans or other persons suffering from TBI or PTSD.
   (b) Should the commission determine that there is an unfulfilled
need for training on TBI and PTSD, the commission shall determine the
training format that is both fiscally responsible and meets the
training needs of the greatest number of officers.
   (c) Should the commission determine that there is an unfulfilled
need for training on TBI and PTSD, the commission shall, upon the
next regularly scheduled review of a training module relating to
persons with disabilities, create and make available on DVD and may
distribute electronically, or provide by means of another form or
method of training, a course on how to recognize and interact with
returning veterans or other persons suffering from TBI or PTSD. This
course shall be designed for, and made available to, peace officers
who are first responders to emergency situations.
   (d) The training course shall be developed by the commission in
consultation with the Department of Veterans Affairs and appropriate
community, local, or other state organizations and agencies that have
expertise in the area of TBI and PTSD. The commission shall make the
course available to law enforcement agencies in California.
   (e) In addition to the duties contained in subdivisions (a), (b),
(c), and (d), the commission shall distribute, as necessary, a
training bulletin via the Internet to law enforcement agencies
participating in the commission's program on the topic of TBI and
PTSD.
   (f) The commission shall report to the Legislature, no later than
June 30, 2012, on the extent to which peace officers are receiving
adequate training in how to interact with persons suffering from TBI
or PTSD.
   (g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on June 30, 2016, pursuant to Section
10231.5 of the Government Code.
   (2) A report to be submitted pursuant to subdivision (f) shall be
submitted in compliance with Section 9795 of the Government Code.
 
  SECTION 1.    Section 1297 of the Penal Code is
amended to read:
   1297.  When money has been deposited, a receipt shall be issued in
the name of the depositor. If the money remains on deposit at the
time of a judgment for the payment of a fine, the clerk shall, under
the direction of the court, if the defendant be the depositor, apply
the money in satisfaction thereof, and after satisfying restitution
to the victim or the Restitution Fund, fines, and costs, shall refund
the surplus, if any, to the defendant. If the person to whom the
receipt for the deposit was issued was not the defendant, the deposit
after judgment shall be returned to that person within 14 days after
the person claims it by submitting the receipt, and, if a claim is
not made within 14 days of the exoneration of bail, the clerk shall
immediately notify the depositor of the exoneration of bail.