Bill Text: CA SB735 | 2015-2016 | Regular Session | Introduced

California Senate Bill 735 (Prior Session Legislation)

Introduced

Bill Title: Postretirement Law Enforcement Officer Cold Case Grant

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB735 Detail]

Download: California-2015-SB735-Introduced.html

BILL NUMBER: SB 735	INTRODUCED
	BILL TEXT


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: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Chapter 10.2 (commencing with Section 13893) is added
to Title 6 of Part 4 of the Penal Code, to read:
      CHAPTER 10.2.  POSTRETIREMENT LAW ENFORCEMENT OFFICER COLD CASE
GRANT PROGRAM


   13893.  The Legislature finds and declares that retired law
enforcement officers are an invaluable resource for the investigation
and solution of unsolved cases, but these officers are frequently
unable to serve in this capacity because of lack of available funding
for local law enforcement agencies for this purpose and because of
state limits on postretirement service by public employees. In
enacting this program, the Legislature recognizes the particular
expertise that retired law enforcement officers bring to solving
serious crimes that might otherwise go unresolved.
   13894.  (a) There is hereby established the Postretirement Law
Enforcement Officer Cold Case Grant Program. A local law enforcement
agency may apply to the Department of Justice for a grant to fund the
hiring of a retired law enforcement officer or officers for the
purposes listed in subdivision (b).
   (b) A law enforcement officer position funded by this chapter
shall be dedicated to work on unsolved cases, including, but not
limited to, the following:
   (1) Collection and recovery of evidence, including DNA samples.
   (2) Interviewing witnesses and people of interest.
   (3) Researching unsolved cases to determine potential connections
and leads.
   (4) Providing knowledge and expertise in evaluating criminal
behavior relevant to particular cases.
   (5) Data entry and analysis.
   13895.  (a) The Department of Justice shall administer the grant
program established by this chapter and shall establish the
guidelines it deems necessary for the administration of the program.
The guidelines shall set forth the terms and conditions upon which
the department is prepared to offer grant of funds. All applications
shall be reviewed and evaluated by the Department of Justice and
grants shall be awarded on the basis of need, consistency with the
requirements of this chapter, and department rules and guidelines.
   (b) All grant funds received by applicants shall be used to fund
officer positions and shall not supplant local funds. Administrative
costs associated with a position funded by the grant program shall be
absorbed by the applicant.
   (c) A grant award to a particular local law enforcement agency
shall not exceed ____ dollars ($____).
   (d) The service, compensation, or any other limits described by
Section 7522.56 of the Government Code that are imposed on a person
receiving a pension benefit shall not apply to a law enforcement
officer whose position is funded by a grant awarded pursuant to this
chapter.
  SEC. 2.  There is hereby appropriated from the General Fund to the
Department of Justice the amount of ____ dollars ($____) for the
purpose of implementing the Postretirement Law Enforcement Officer
Cold Case Grant Program.