Senate BillNo. 735


Introduced by Senator Galgiani

February 27, 2015


An act to add Chapter 10.2 (commencing with Section 13893) of Title 6 of Part 4 of the Penal Code, relating to local law enforcement, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 735, as introduced, Galgiani. Postretirement Law Enforcement Officer Cold Case Grant Program.

Existing law creates various programs designed to award funds to local government entities to provide assistance with law enforcement, including programs that aid in the apprehension of career criminals and the prosecution of high technology theft. Existing law limits the service and compensation of retired public employees, including local law enforcement officers, upon reemployment by public agencies.

This bill would establish the Postretirement Law Enforcement Officer Cold Case Grant Program for the purpose of funding the hiring of a retired law enforcement officers whose employment would be dedicated to work on unsolved cases, as specified. The program would require the Department of Justice to administer the program and to establish the guidelines it deems necessary for this purpose. The bill would require funds received by applicants to be used to fund officer positions. The bill would also prohibit these funds from supplanting local funds and require local administrative costs associated with a position funded by the grant program to be absorbed by the applicant. The bill would prohibit a single grant award from exceeding an unspecified amount. The bill would except a law enforcement officer whose position is funded by a grant from specified limitations on postretirement activities and compensation, as specified. The bill would appropriate an unspecified amount from the General Fund for the purpose of supporting the grant program.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Chapter 10.2 (commencing with Section 13893)
2is added to Title 6 of Part 4 of the Penal Code, to read:

3 

4Chapter  10.2. Postretirement Law Enforcement Officer
5Cold Case Grant Program
6

 

7

13893.  

The Legislature finds and declares that retired law
8enforcement officers are an invaluable resource for the
9investigation and solution of unsolved cases, but these officers are
10frequently unable to serve in this capacity because of lack of
11available funding for local law enforcement agencies for this
12purpose and because of state limits on postretirement service by
13public employees. In enacting this program, the Legislature
14recognizes the particular expertise that retired law enforcement
15officers bring to solving serious crimes that might otherwise go
16unresolved.

17

13894.  

(a) There is hereby established the Postretirement Law
18Enforcement Officer Cold Case Grant Program. A local law
19enforcement agency may apply to the Department of Justice for a
20grant to fund the hiring of a retired law enforcement officer or
21officers for the purposes listed in subdivision (b).

22(b) A law enforcement officer position funded by this chapter
23shall be dedicated to work on unsolved cases, including, but not
24limited to, the following:

25(1) Collection and recovery of evidence, including DNA
26samples.

27(2) Interviewing witnesses and people of interest.

28(3) Researching unsolved cases to determine potential
29connections and leads.

30(4) Providing knowledge and expertise in evaluating criminal
31behavior relevant to particular cases.

32(5) Data entry and analysis.

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13895.  

(a) The Department of Justice shall administer the
2grant program established by this chapter and shall establish the
3guidelines it deems necessary for the administration of the program.
4The guidelines shall set forth the terms and conditions upon which
5the department is prepared to offer grant of funds. All applications
6shall be reviewed and evaluated by the Department of Justice and
7grants shall be awarded on the basis of need, consistency with the
8requirements of this chapter, and department rules and guidelines.

9(b) All grant funds received by applicants shall be used to fund
10officer positions and shall not supplant local funds. Administrative
11costs associated with a position funded by the grant program shall
12be absorbed by the applicant.

13(c) A grant award to a particular local law enforcement agency
14shall not exceed ____ dollars ($____).

15(d) The service, compensation, or any other limits described by
16Section 7522.56 of the Government Code that are imposed on a
17person receiving a pension benefit shall not apply to a law
18enforcement officer whose position is funded by a grant awarded
19pursuant to this chapter.

20

SEC. 2.  

There is hereby appropriated from the General Fund
21to the Department of Justice the amount of ____ dollars ($____)
22for the purpose of implementing the Postretirement Law
23Enforcement Officer Cold Case Grant Program.



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