SB 57: Law enforcement: immigration: felons.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-09-01
Existing law provides that a law enforcement official has discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, and only under other specified circumstances.
This bill would prohibit a local law enforcement agency from seeking custody of a previously convicted felon who is being detained or incarcerated by another law enforcement agency if the felon is scheduled for deportation or transfer to federal authorities for deportation proceedings unless there is an outstanding felony warrant, and the agency has confirmed that the prosecutorial authority with jurisdiction to prosecute the felony has a current intent to prosecute that felony.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides that a law enforcement official has discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, and only under other specified circumstances.
This bill would prohibit a local law enforcement agency from seeking custody of a previously convicted felon who is being detained or incarcerated by another law enforcement agency if the felon is scheduled for deportation or transfer to federal authorities for deportation proceedings unless there is an outstanding felony warrant, and the agency has confirmed that the prosecutorial authority with jurisdiction to prosecute the felony has a current intent to prosecute that felony.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law exempts the right of a person to a pension, annuity, retirement allowance, return of contributions, and any other right accrued under the County Employees Retirement Law of 1937, among other things, from taxation.
This bill would make a technical, nonsubstantive change to that provision.
Existing law exempts the right of a person to a pension, annuity, retirement allowance, return of contributions, and any other right accrued under the County Employees Retirement Law of 1937, among other things, from taxation.
This bill would make a technical, nonsubstantive change to that provision.
Notwithstanding any other law, a local agency shall not seek custody of a previously convicted felon who is being detained or incarcerated by another law enforcement agency if the felon is scheduled for deportation or transfer to federal authorities for deportation proceedings unless both of the following apply:
(a)The local law enforcement agency has an outstanding warrant alleging that the subject felon committed a criminal offense that constitutes a felony under current California law.
(b)The local law enforcement agency has confirmed that the prosecutorial authority with jurisdiction to prosecute the felony has a current intent to prosecute that felony.
SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure appropriate coordination as soon as possible between local agencies and the federal government when persons subject to prosecution are scheduled for deportation proceedings, and in order to protect the public safety, it is necessary for this measure to take effect immediately.
Notwithstanding any other law, a local agency shall not seek custody of a previously convicted felon who is being detained or incarcerated by another law enforcement agency if the felon is scheduled for deportation or transfer to federal authorities for deportation proceedings unless both of the following apply:
(a)The local law enforcement agency has an outstanding warrant alleging that the subject felon committed a criminal offense that constitutes a felony under current California law.
(b)The local law enforcement agency has confirmed that the prosecutorial authority with jurisdiction to prosecute the felony has a current intent to prosecute that felony.
SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure appropriate coordination as soon as possible between local agencies and the federal government when persons subject to prosecution are scheduled for deportation proceedings, and to protect the public safety, it is necessary for this measure to take effect immediately.
SECTION 1.Section 31452 of the Government Code is amended to read:31452.The right of a person to a pension, annuity, retirement allowance, return of contributions, the pension, annuity, or retirement allowance, any optional benefit, any other right accrued or accruing to any person under this chapter, the money in the fund created or continued under this chapter or the California Public Employees Pension Reform Act of 2013, and any property purchased for investment purposes pursuant to this chapter, are exempt from taxation, including any inheritance tax, whether state, county, municipal, or district. They are not subject to execution or any other process of court whatsoever except to the extent permitted by Section 31603 and Section 704.110 of the Code of Civil Procedure, and are unassignable except as specifically provided in this chapter.
The right of a person to a pension, annuity, retirement allowance, return of contributions, the pension, annuity, or retirement allowance, any optional benefit, any other right accrued or accruing to any person under this chapter, the money in the fund created or continued under this chapter or the California Public Employees Pension Reform Act of 2013, and any property purchased for investment purposes pursuant to this chapter, are exempt from taxation, including any inheritance tax, whether state, county, municipal, or district. They are not subject to execution or any other process of court whatsoever except to the extent permitted by Section 31603 of this code and Section 704.110 of the Code of Civil Procedure, and are unassignable except as specifically provided in this chapter.
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Date
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Status
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|---|---|
| Dec 19, 2014 | Introduced. To Com. on RLS. for assignment. To print. |
| Dec 22, 2014 | From printer. May be acted upon on or after January 21. |
| Jan 5, 2015 | Read first time. |
| Jan 15, 2015 | Referred to Com. on RLS. |
| Aug 31, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Sep 1, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 1, 2016 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
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