BILL NUMBER: AB 351	CHAPTERED
	BILL TEXT

	CHAPTER  450
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2013
	APPROVED BY GOVERNOR  OCTOBER 1, 2013
	PASSED THE SENATE  SEPTEMBER 3, 2013
	PASSED THE ASSEMBLY  MAY 30, 2013
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013

INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 13, 2013

   An act to add Section 145.5 to the Penal Code, relating to civil
liberties.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 351, Donnelly. Civil liberties: suspension of habeas corpus for
American citizens.
   The United States Constitution and the California Constitution
provide for various civil liberties and other individual rights for a
citizen of the United States and the State of California, including
the right of habeas corpus, the right to due process, the right to a
speedy and public trial, and the right to be informed of criminal
charges brought against him or her.
   Certain provisions of federal law affirm the authority of the
President of the United States to use all necessary and appropriate
force to detain specified persons who engaged in terrorist
activities.
   This bill would prohibit an agency in the State of California, a
political subdivision of this state, an employee of an agency or a
political subdivision of this state, as specified, or a member of the
California National Guard, on official state duty, from knowingly
aiding an agency of the Armed Forces of the United States in any
investigation, prosecution, or detention of a person within
California pursuant to (1) Sections 1021 and 1022 of the National
Defense Authorization Act for Fiscal Year 2012 (NDAA), (2) the
federal law known as the Authorization for Use of Military Force,
enacted in 2001, or (3) any other federal law, except as specified,
if the state agency, political subdivision, employee, or member of
the California National Guard would violate the United States
Constitution, the California Constitution, or any law of this state
by providing that aid. The bill would also prohibit local entities
from knowingly using state funds and funds allocated by the state to
those local entities on and after January 1, 2013, to engage in any
activity that aids an agency of the Armed Forces of the United States
in the detention of any person within California for purposes of
implementing Sections 1021 and 1022 of the NDAA or the federal law
known as the Authorization for Use of Military Force , if that
activity would violate the United States Constitution, the California
Constitution, or any law of this state, as specified.


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

  SECTION 1.  Section 145.5 is added to the Penal Code, to read:
   145.5.  (a) (1) Subject to paragraph (2), notwithstanding any law
to the contrary, no agency of the State of California, no political
subdivision of this state, no employee of an agency, or a political
subdivision, of this state acting in his or her official capacity,
and no member of the California National Guard on official state duty
shall knowingly aid an agency of the Armed Forces of the United
States in any investigation, prosecution, or detention of a person
within California pursuant to (A) Sections 1021 and 1022 of the
National Defense Authorization Act for Fiscal Year 2012 (NDAA), (B)
the federal law known as the Authorization for Use of Military Force
(Public Law 107-40), enacted in 2001, or (C) any other federal law,
if the state agency, political subdivision, employee, or member of
the California National Guard would violate the United States
Constitution, the California Constitution, or any law of this state
by providing that aid.
   (2) Paragraph (1) does not apply to participation by state or
local law enforcement or the California National Guard in a joint
task force, partnership, or other similar cooperative agreement with
federal law enforcement if that joint task force, partnership, or
similar cooperative agreement is not for the purpose of
investigating, prosecuting, or detaining any person pursuant to (A)
Sections 1021 and 1022 of the NDAA, (B) the federal law known as the
Authorization for Use of Military Force (Public Law 107-40), enacted
in 2001, or (C) any other federal law, if the state agency, political
subdivision, employee, or member of the California National Guard
would violate the United States Constitution, the California
Constitution, or any law of this state by providing that aid.
   (b) It is the policy of this state to refuse to provide material
support for or to participate in any way with the implementation
within this state of any federal law that purports to authorize
indefinite detention of a person within California. Notwithstanding
any other law, no local law enforcement agency or local or municipal
government, or the employee of that agency or government acting in
his or her official capacity, shall knowingly use state funds or
funds allocated by the state to local entities on or after January 1,
2013, in whole or in part, to engage in any activity that aids an
agency of the Armed Forces of the United States in the detention of
any person within California for purposes of implementing Sections
1021 and 1022 of the NDAA or the federal law known as the
Authorization for Use of Military Force (Public Law 107-40), enacted
in 200 1, if that activity would violate the United States
Constitution, the California Constitution, or any law of this state.