Amended in Senate August 31, 2015

Senate Bill No. 57

Introduced by begin delete Senator Knight end delete begin insert Senators Runner and Huff end insert

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(Coauthors: Senators Bates, Berryhill, Cannella, Gaines, Moorlach, Nielsen, Stone, and Vidak)

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December 19, 2014

begin delete An act to amend Section 31452 of the Government Code, relating to county employees’ retirement. end delete begin insert An act to add Section 7283 to the Government Code, relating to law enforcement, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 57, as amended, begin delete Knight end delete   begin insert Runner end insert . begin delete The County Employees Retirement Law of 1937. end delete begin insert Law enforcement: immigration: felons. end insert

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Existing law provides that a law enforcement official has discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, and only under other specified circumstances.

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This bill would prohibit a local law enforcement agency from seeking custody of a previously convicted felon who is being detained or incarcerated by another law enforcement agency if the felon is scheduled for deportation or transfer to federal authorities for deportation proceedings unless there is an outstanding felony warrant, and the agency has confirmed that the prosecutorial authority with jurisdiction to prosecute the felony has a current intent to prosecute that felony.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law exempts the right of a person to a pension, annuity, retirement allowance, return of contributions, and any other right accrued under the County Employees Retirement Law of 1937, among other things, from taxation.

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This bill would make a technical, nonsubstantive change to that provision.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 7283 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

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begin insert 7283. end insert   

Notwithstanding any other law, a local agency shall not
seek custody of a previously convicted felon who is being detained
or incarcerated by another law enforcement agency if the felon is
scheduled for deportation or transfer to federal authorities for
deportation proceedings unless both of the following apply:

(a) The local law enforcement agency has an outstanding
warrant alleging that the subject felon committed a criminal offense
that constitutes a felony under current California law.

(b) The local law enforcement agency has confirmed that the
prosecutorial authority with jurisdiction to prosecute the felony
has a current intent to prosecute that felony.

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begin insert SEC. 2. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to ensure appropriate coordination as soon as possible
between local agencies and the federal government when persons
subject to prosecution are scheduled for deportation proceedings,
and to protect the public safety, it is necessary for this measure to
take effect immediately.

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SECTION 1.  

Section 31452 of the Government Code is
amended to read:

31452.  

The right of a person to a pension, annuity, retirement
allowance, return of contributions, the pension, annuity, or
retirement allowance, any optional benefit, any other right accrued
or accruing to any person under this chapter, the money in the fund
created or continued under this chapter or the California Public
Employees’ Pension Reform Act of 2013, and any property
purchased for investment purposes pursuant to this chapter, are
exempt from taxation, including any inheritance tax, whether state,
county, municipal, or district. They are not subject to execution
or any other process of court whatsoever except to the extent
permitted by Section 31603 and Section 704.110 of the Code of
Civil Procedure, and are unassignable except as specifically
provided in this chapter.

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