BILL ANALYSIS �
SB 952
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 952 (Torres) - As Amended: June 17, 2014
Policy Committee: ElectionsVote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill makes it a crime to aid or abet an elected or other
government official in violating the conflict-of-interest
provisions under Government Code Section 1090 and related
statutes. Specifically, this bill:
1)Prohibits an individual from aiding or abetting a legislator
or a state, county, district, judicial district, or city
officer or employee in either of the following:
a) Being financially interested in a contract made by the
member or officer in his or her official capacity, or by
any board or body on which the official is a member.
b) Being purchasers at any sale or vendors at any purchase
made by the member or officer in his or her official
capacity.
2)Prohibits an individual from aiding or abetting a Treasurer,
Controller, city or county officer, or their deputy or clerk,
in purchasing or selling, or in any manner receiving 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. Provides that this provision does not apply to
evidences of indebtedness issued to or held by an officer,
deputy, or clerk for services rendered by them, nor to
evidences of the funded indebtedness of the state, county, or
city.
3)Establishes that violations of the above are subject to the
same punishment as violations of the conflict-of-interest
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statues by public officials, i.e. by a fine of not more than
$1,000, or by imprisonment in the state prison, and by
permanent disqualification from holding any office in this
state.
FISCAL EFFECT
Potential but likely minor increase in state costs to the extent
anyone is sentenced to state prison for violation of the bill's
provisions.
COMMENTS
1)Background . Section 1090 generally prohibits a public official
or employee from making a contract in his or her official
capacity in which he or she has a financial interest. In
addition, a public body or board is prohibited from making a
contract in which any member of the body or board has a
financial interest, even if that member does not participate
in the making of the contract. This prohibition, contained in
Section 1090, dates back to the second session of the
California Legislature (Chapter 136/Statutes of 1851).
Under California law, a person who aids and abets in the
commission of a crime generally can be found guilty of the
underlying crime if certain conditions are met. Courts have
held, however, that there is no aider and abettor liability
under Section 1090. In its decision in D'Amato v. Superior
Court (2008), the Court of Appeal, did not conclude that the
Legislature was prohibited from making it a crime to aid and
abet a violation of Section 1090. Instead, the court noted
that "the 'common-law principles of legislative and judicial
immunity?should not be abrogated absent clear legislative
intent to do so."
2)Purpose . According to the author, "On May 9, 2011 a special
grand jury in San Bernardino County issued a 29 count
indictment against members and staff of the San Bernardino
County Board of Supervisors (Board) and Colonies Partners,
L.P. (Colonies). The indictment?alleges that Colonies
conspired to bribe public officials in return for their votes
to approve a settlement between Colonies and the County of San
Bernardino (County) for $102 million.
"The defense has filed several legal challenges at the
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trail court and appellate level since the indictment was
filed in 2011. Those challenges over the course of four
years have stymied the prosecution's efforts to bring the
case to a jury trial.
"Several legal challenges reached the California State
Supreme Court and were decided in favor of the
prosecution in December 2013. SB 952 clarifies that a
private individual is prohibited and can be held
criminally liable for aiding and abetting government
officials in entering unlawful contracts under Govt. Code
1090.
"SB 952 will strengthen the laws governing bribery of public
officials and help bolster public trust in government."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081