California Assembly Bill AB2612 Amended / Bill

 BILL NUMBER: AB 2612AMENDED 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.