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California Government Code Section 68097.2

Legal Research Home > California Laws > Government Code > California Government Code Section 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), 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 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).

Last modified: February 13, 2012