SB 1356 Senate Bill

BILL NUMBER: SB 1356	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Denham
   (Coauthor: Senator Cogdill)
   (Coauthors: Assembly Members Bill Berryhill, Tom Berryhill, and
Galgiani)

                        FEBRUARY 19, 2010

   An act to amend  Section 15202   Sections
15202 and 15203  of the Government Code, relating to counties.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1356, as amended, Denham. 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  ,
if the homicide occurred on or after January 1, 2005  .
   This bill would authorize a county, when the victim of 
the homicide was a state or local law enforcement officer 
 a homicide that occurred on or after January 1, 2005, was a
peace officer, as specified  , to apply to the Controller for
 a complete  reimbursement of the costs incurred by
the county, as specified.  This bill would also authorize a city
in that county to apply to the Controller for reimbursement of
investigative costs incurred by the city that are attributable to
that trial, trials, or hearing. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 15202 of the Government Code is amended to
read:
   15202.  (a) Except as provided in subdivision (c), 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) For purposes of subdivision (a), the formula in this 

    (b)     The formulas 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) Notwithstanding subdivisions (a) and (b), a county that is

    (c)     (1)    
Notwithstanding the cost threshold specified in subdivision (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  a complete reimbursement of the costs
incurred by the county if the victim of the homicide was a state or
local law enforcement officer.   the victim of the
homicide was a peace officer who was killed while engaged in the
course of the performance of his or her official duties, or in
retaliation   for the performance of his or her official
duties, as defined in paragraph (7) of subdivision (a) of Section
190.2 of the Penal Code.  
   (2) In addition to any reimbursements to a county that are
authorized pursuant to this subdivision, a city located in 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 investigative costs incurred by the city that
are attributable to that trial, trials, or hearing, if the victim of
the homicide was a peace officer who was killed while engaged in the
course of the performance of his or her official duties, or in
retaliation for the performance of his or her official duties, as
defined in paragraph (7) of subdivision (a) of Section 190.2 of the
Penal Code. 
   (d) The Controller shall not reimburse any county  or city
 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  or city  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.
   (e) 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.
   SEC. 2.    Section 15203 of the   Government
Code   is amended to read: 
   15203.  If the county  or city  meets the conditions
described in Section 15202 and applies to the  State
 Controller for reimbursement pursuant to that section, and
the  State  Controller determines  , for
purposes of a county re   imbursement,  that the
reimbursement meets the provisions of Section 15201, the 
State  Controller shall request the Director of Finance to
include any amounts necessary to fulfill the purposes of Section
15202 annually in a request for deficiency appropriation in
augmentation of the emergency fund.