BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 952
          Author:   Torres (D)
          Amended:  As introduced
          Vote:     21

           
          SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 4/1/14
          AYES:  Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
          NO VOTE RECORDED:  De León

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Prohibited financial interests:  aiding and abetting

           SOURCE  :     Author


           DIGEST  :    This bill prohibits an individual from aiding or  
          abetting a public officer or person in violating the law  
          prohibiting financial conflicts of interest, and extends the  
          penalties under existing law to apply to the individual who  
          willfully aids or abets, as specified.

           ANALYSIS  :    

          Existing law:

          1. Prohibits members of the Legislature, state, county,  
             district, judicial district and city officers or employees  
             from having a financial interest in any contract made by them  
             in their official capacity, or by anybody or board of which  
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             they are members.  A violation of this prohibition is  
             punishable by a fine that is not more than $1,000 or by  
             imprisonment in the state prison.  

          2. Prohibits state, county, district, judicial district and city  
             officers or employees from being purchasers at any sale or  
             vendors at any purchase made by them in their official  
             capacity.  A violation of this prohibition is punishable by a  
             fine that is not more than $1,000 or by imprisonment in the  
             state prison.  

          3. Prohibits the State Treasurer and the State Controller,  
             county and city officers, and their deputies and clerks from  
             purchasing or selling, or in any manner receive for their own  
             or any other person's use or benefit, any state, county or  
             city warrants, scrip, orders, demands, claims, or other  
             evidences of indebtedness against the state, or any county or  
             city thereof.  A violation of this prohibition is punishable  
             by a fine that is not more than $1,000 or by imprisonment in  
             the state prison. 

          4. States that all persons concerned in the commission of a  
             crime, whether it be a felony or misdemeanor, and whether  
             they directly commit the act constituting the offense, or aid  
             and abet in its commission, are principals in any crime so  
             committed.  

          This bill prohibits an individual from aiding or abetting a  
          public officer or person in violating specified prohibitions,  
          and expands the penalties to also apply to the individual who  
          willfully aids or abets, as specified.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee, potential  
          increase in state costs for prison terms for aiding or abetting  
          a public officer.  To the extent three or four individuals are  
          sentenced to state prison under the provision of this bill,  
          annual costs will be in the range of $90,000 to $125,000  
          (General Fund) assuming an average in-state contract bed cost of  
          $31,000.

           SUPPORT  :   (Verified  5/23/14)







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          California District Attorneys Association
          California Police Chiefs Association


          JG:d  5/23/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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