BILL NUMBER: SB 57	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 1, 2015
	AMENDED IN SENATE  AUGUST 31, 2015

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

                        DECEMBER 19, 2014

   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, Runner. 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.
   Vote: 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
 in order  to protect the public safety, it is necessary
for this measure to take effect immediately.