Bill Text: CA AB2473 | 2011-2012 | Regular Session | Amended
Bill Title: Court security.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-08 - Re-referred to Com. on RLS. [AB2473 Detail]
Download: California-2011-AB2473-Amended.html
BILL NUMBER: AB 2473 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Atkins
FEBRUARY 24, 2012
An act to amend Section 679 of the Civil
Sections 69922 and 69926 of the Government Code, relating to
property ownership courts .
LEGISLATIVE COUNSEL'S DIGEST
AB 2473, as amended, Atkins. Property ownership.
Court security.
The Superior Court Law Enforcement Act of 2002 authorizes the
presiding judge of each superior court to contract with a sheriff or
marshal for the necessary level of law enforcement services in the
courts. Existing law requires the sheriff or marshal and presiding
judge of any county to develop a court security plan to be utilized
by the court, as specified, and requires the Judicial Council to
establish a process for its review of court security plans in the
California Rules of Court. Existing law 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, and requires the
sheriff or marshal to provide specified information to the courts by
April 30 of each year, with actual court security allocations subject
to the approval of the Judicial Council and the funding provided by
the Legislature.
This bill would state that the court security services provided by
the sheriff, as agreed upon by the superior court and the sheriff,
may include, but shall not be limited to, among other things,
performing bailiff functions, escorting prisoners to and from holding
cells, and providing security in areas adjacent to a courthouse
facility, as specified.
Existing law governs the ownership of property, which may either
be qualified or absolute. Under existing law, the ownership of
property is absolute when a single person has the absolute dominion
over it, and may use or dispose of it according to his or her
pleasure, subject only to general laws.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 69922 of the
Government Code is amended to read:
69922. Except as otherwise provided by law, whenever required,
the sheriff shall attend all superior court sessions held
within his or her county. A sheriff shall attend a noncriminal,
nondelinquency action, however, only if the presiding judge or his or
her designee makes a determination that the attendance of the
sheriff at that action is necessary for reasons of public safety. The
court may use court attendants in courtrooms hearing those
noncriminal, nondelinquency actions. Notwithstanding any other
provision of law, the presiding judge or his or
her designee may provide that a court attendant take charge of a
jury, as provided in Sections 613 and 614 of the Code of Civil
Procedure. The sheriff shall obey all lawful orders and directions of
all courts held within his or her county.
SEC. 2. Section 69926 of the Government
Code is amended to read:
69926. (a) This section applies to the superior court and the
sheriff or marshal's department in those counties in which either of
the following apply:
(1) The sheriff's department was otherwise required by law to
provide court security services on and after July 1, 1998.
(2) Court security was provided by the marshal's office on and
after July 1, 1998, the marshal's office was subsequently abolished
and succeeded by the sheriff's department, and the successor sheriff'
s department is required to provide court security services as
successor to the marshal.
(b) (1) The superior court and the sheriff
or marshal shall enter into an annual or multiyear memorandum of
understanding specifying the agreed upon level of court security
services, cost of services, and terms of payment. The
(2) As agreed upon by the superior court and the sheriff, the
court security services provided by the sheriff may include, but
shall not be limited to, all of the following:
(A) Performing bailiff functions.
(B) Taking charge of a jury, as provided in Sections 613 and 614
of the Code of Civil Procedure.
(C) Patrolling hallways and other areas within court facilities.
(D) Overseeing prisoners in holding cells within court facilities.
(E) Escorting prisoners to and from holding cells within court
facilities.
(F) Providing security screening within court facilities.
(G) Providing enhanced security for judicial officers and court
personnel.
(H) Providing security in areas adjacent to a courthouse facility
to the extent necessary to protect the safety of both the facility
and the judicial officers, court personnel, and other people using
the facility.
(3) The cost of services
specified in the memorandum of understanding shall be based on the
estimated average cost of salary and benefits for equivalent
personnel classifications in that county, not including overtime pay.
In calculating the average cost of benefits, only those benefits
listed in paragraph (6) of subdivision (a) of Section 69927 shall be
included. For purposes of this article, "benefits" excludes any item
not expressly listed in this subdivision, including, but not limited
to, any costs associated with retiree health benefits. As used in
this subdivision, retiree health benefits includes, but is not
limited to, the current cost of health benefits for already retired
personnel and any amount to cover the costs of future retiree health
benefits for either currently employed or already retired personnel.
(c) The sheriff or marshal shall provide information as identified
in the contract law enforcement template by April 30 of each year to
the superior court in that county, specifying the nature, extent,
and basis of the costs, including negotiated or projected salary
increases of court law enforcement services that the sheriff proposes
to include in the budget of the court security program for the
following state budget year. Actual court security allocations shall
be subject to the approval of the Judicial Council and the funding
provided by the Legislature. It is the intent of the Legislature that
proposed court security expenditures submitted by the Judicial
Council to the Department of Finance for inclusion in the Governor's
Budget shall be as defined in the contract law enforcement template.
(d) If the superior court and the sheriff or marshal are unwilling
or unable to enter into an agreement pursuant to this section on or
before August 1 of any fiscal year, the court or sheriff or marshal
may request the continuation of negotiations between the superior
court and the sheriff or marshal for a period of 45 days with
mediation assistance, during which time the previous law enforcement
services agreement shall remain in effect. Mutually agreed upon
mediation assistance shall be determined by the Administrative
Director of the Courts and the president of the California State
Sheriffs' Association.
SECTION 1. Section 679 of the Civil Code is
amended to read:
679. The ownership of property is absolute when a single person
has the absolute dominion over it, and may use or dispose of it
according to his or her pleasure, subject only to general laws.
