BILL NUMBER: SB 57	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2015

INTRODUCED BY    Senator   Knight 
 Senators   Runner   and Huff 
    (   Coauthors:   Senators   Bates,
  Berryhill,   Cannella,   Gaines, 
 Moorlach,   Nielsen,   Stone,   and
Vidak   ) 

                        DECEMBER 19, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 57, as amended,  Knight   Runner  .
 The County Employees Retirement Law of 1937.  
Law enforcement: immigration: felons.  
   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.
 
   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.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   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. 
   This bill would make a technical, nonsubstantive change to that
provision. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


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

   SECTION 1.    Section 7283 is added to the  
Government Code   , to read:  
   7283.  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.
   SEC. 2.    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:
 
   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.  
  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.