Bill Text: CA AB2612 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Courts: witness fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-09-19 - Chaptered by Secretary of State - Chapter 377, Statutes of 2012. [AB2612 Detail]

Download: California-2011-AB2612-Amended.html

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BILL NUMBER: AB 2612	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 24, 2012

   An act to amend Section  69921   68097.2
 of the Government Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2612, as amended, Achadjian.  Court security. 
 Courts: witness fees.  
   Existing law provides for subpoenaing the attendance of certain
public employees, including peace officers and firefighters, with
regard to events or transactions they have perceived or investigated
in the course of their duties, and for the payment and reimbursement
of the public employee's compensation and traveling expenses.
Existing law requires the party at whose request the subpoena is
issued to reimburse the employing public entity for these costs by
tendering the amount of $150 to the person accepting the subpoena for
each day the public employee is required to remain in attendance
pursuant to the subpoena. Existing law requires the public entity to
refund any excess amount paid, and the party at whose request the
subpoena is issued to pay any shortfall, relative to the actual
expenses incurred by the public entity in connection with the public
employee complying with the subpoena.  
   This bill would increase, from $150 to $300, the amount required
to be paid by the party at whose request the subpoena is issued for
each day the public employee is required to remain in attendance
pursuant to the subpoena.  
   The Superior Court Law Enforcement Act of 2002 authorizes the
presiding judge of each superior court to contract with the sheriff
or marshal for the necessary level of law enforcement services in the
courts. The act requires the superior court and the sheriff or
marshal to enter into a memorandum of understanding specifying the
agreed upon level of court security services, and their cost and
terms of payment. The act requires the Judicial Council to establish
a working group on court security to promulgate recommended uniform
standards that may be used to implement court security services, and
requires the Judicial Council to promulgate rules and standards for
trial courts to reduce security operating costs. The act defines
"contract law enforcement template" for purposes of providing these
court security services pursuant to the act.  
   This bill would correct an obsolete cross-reference in that
definition. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 68097.2 of the  
Government Code   is amended to read: 
   68097.2.  (a) Any peace officer, as that term is defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, any firefighter, any state employee, any trial court
employee, or any county employee, who is obliged by a subpoena issued
pursuant to Section 68097.1 to attend as a witness, shall receive
the salary or other compensation to which he or she is normally
entitled from the public entity by which he or she is employed during
the time that he or she travels to and from the place where the
court or other tribunal is located and while he or she is required to
remain at that place pursuant to the subpoena. He or she shall also
receive from the public entity by which he or she is employed the
actual necessary and reasonable traveling expenses incurred by him or
her in complying with the subpoena.
   (b) The party at whose request the subpoena is issued shall
reimburse the public entity for the full cost to the public entity
incurred in paying the peace officer, firefighter, state employee,
trial court employee, or specified county employee his or her salary
or other compensation and traveling expenses as provided for in this
section, for each day that the peace officer, firefighter, state
employee, trial court employee, or specified county employee is
required to remain in attendance pursuant to the subpoena. The amount
of  one hundred fifty dollars ($150)   three
hundred dollars ($300)  , together with the subpoena, shall be
tendered to the person accepting the subpoena for each day that the
peace officer, firefighter, state employee, trial court employee, or
specified county employee is required to remain in attendance
pursuant to the subpoena.
   (c) If the actual expenses should later prove to be less than the
amount tendered, the excess of the amount tendered shall be refunded.

   (d) If the actual expenses should later prove to be more than the
amount deposited, the difference shall be paid to the public entity
by the party at whose request the subpoena is issued.
   (e) If a court continues a proceeding on its own motion, no
additional witness fee shall be required prior to the issuance of a
subpoena or the making of an order directing the peace officer,
firefighter, state employee, or trial court employee to appear on the
date to which the proceeding is continued.
   (f) For the purposes of the payment of the salary or other
compensation of a volunteer firefighter pursuant to subdivision (a),
a volunteer firefighter who is subpoenaed to appear as a witness in
connection with a matter regarding an event or transaction 
which   that  he or she has perceived or
investigated in the course of his or her duties as a volunteer
firefighter, shall be deemed to be entitled to reasonable
compensation evidenced by the compensation paid to firefighters in
jurisdictions with similar geographic and economic characteristics.
However, the requirements of subdivision (a) and of this subdivision
are not applicable if a volunteer firefighter will receive his or her
regular salary or other compensation pursuant to the policy of his
or her regular employer, for the periods during which compensation is
required under subdivision (a). 
  SECTION 1.    Section 69921 of the Government Code
is amended to read:
   69921.  For purposes of this article:
   (a) "Contract law enforcement template" means a document that is
contained in the Administrative Office of the Courts' financial
policies and procedures manual that accounts for and further defines
allowable costs, as described in paragraphs (4) to (7), inclusive, of
subdivision (a) of Section 69927.
   (b) "Court attendant" means a nonarmed, nonlaw enforcement
employee of the superior court who performs those functions specified
by the court, except those functions that may only be performed by
armed and sworn personnel. A court attendant is not a peace officer
or a public safety officer.
   (c) "Court security plan" means a plan that is provided by the
superior court to the Administrative Office of the Courts that
includes a law enforcement security plan and all other court security
matters.
   (d) "Law enforcement security plan" means a plan that is provided
by a sheriff or marshal that includes policies and procedures for
providing public safety and law enforcement services to the court.
   (e) "Superior court law enforcement functions" means all of the
following:
   (1) Bailiff functions, as defined in Sections 830.1 and 830.36 of
the Penal Code, in criminal and noncriminal actions, including, but
not limited to, attending courts.
   (2) Taking charge of a jury, as provided in Sections 613 and 614
of the Code of Civil Procedure.
   (3) Patrolling hallways and other areas within court facilities.
   (4) Overseeing prisoners in holding cells within court facilities.

   (5) Escorting prisoners in holding cells within court facilities.
   (6) Providing security screening within court facilities.
   (7) Providing enhanced security for bench officers and court
personnel, as agreed upon by the court and the sheriff or marshal.