Bill Text: CA AB1377 | 2011-2012 | Regular Session | Introduced
Bill Title: Peace officers: airport law enforcement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1377 Detail]
Download: California-2011-AB1377-Introduced.html
BILL NUMBER: AB 1377 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Butler
FEBRUARY 18, 2011
An act to amend Sections 830.1 and 830.33 of the Penal Code,
relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1377, as introduced, Butler. Peace officers: airport law
enforcement.
Existing law establishes categories of peace officers with varying
powers and authority to make arrests and carry firearms. Existing
law provides that a person who is employed as an airport law
enforcement officer is a peace officer whose authority extends to any
place in the state for the purpose of enforcing the law in or about
the properties owned, operated, and administered by the peace officer'
s employing agency or when making an arrest if there is immediate
danger to person or property or of an escape of the perpetrator of an
offense. Existing law authorizes this category of peace officer to
carry firearms only if he or she is so authorized by the peace
officer's employing agency.
This bill would place an airport law enforcement officer regularly
employed by the Los Angeles World Airports within a different
category of peace officers whose authority extends to any place in
the state without the above restrictions as to arrest powers and with
the authority to carry specified firearms.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Los Angeles
relating to law enforcement at the Los Angeles International Airport.
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 830.1 of the Penal Code is amended to read:
830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief executive officer of a consolidated
municipal public safety agency that performs police functions, any
police officer, employed in that capacity and appointed by the chief
of police or chief, director, or chief executive of a public safety
agency, of a city, any chief of police, or police officer of a
district, including police officers of the San Diego Unified Port
District Harbor Police, authorized by statute to maintain a police
department, any marshal or deputy marshal of a superior court or
county, any port warden or port police officer of the Harbor
Department of the City of Los Angeles, any person
regularly employed as an airport law enforcement officer by Los
Angeles World Airports, or any inspector or investigator
employed in that capacity in the office of a district attorney, is a
peace officer. The authority of these peace officers extends to any
place in the state, as follows:
(1) As to any public offense committed or which there is probable
cause to believe has been committed within the political subdivision
that employs the peace officer or in which the peace officer serves.
(2) Where the peace officer has the prior consent of the chief of
police or chief, director, or chief executive officer of a
consolidated municipal public safety agency, or person authorized by
him or her to give consent, if the place is within a city, or of the
sheriff, or person authorized by him or her to give consent, if the
place is within a county.
(3) As to any public offense committed or which there is probable
cause to believe has been committed in the peace officer's presence,
and with respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of the offense.
(b) The Attorney General and special agents and investigators of
the Department of Justice are peace officers, and those assistant
chiefs, deputy chiefs, chiefs, deputy directors, and division
directors designated as peace officers by the Attorney General are
peace officers. The authority of these peace officers extends to any
place in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
(c) Any deputy sheriff of the County of Los Angeles, and any
deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn,
Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa,
Mendocino, Plumas, Riverside, San Benito, San Diego, San Luis Obispo,
Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma,
Stanislaus, Sutter, Tehama, Tulare, and Tuolumne who is employed to
perform duties exclusively or initially relating to custodial
assignments with responsibilities for maintaining the operations of
county custodial facilities, including the custody, care,
supervision, security, movement, and transportation of inmates, is a
peace officer whose authority extends to any place in the state only
while engaged in the performance of the duties of his or her
respective employment and for the purpose of carrying out the primary
function of employment relating to his or her custodial assignments,
or when performing other law enforcement duties directed by his or
her employing agency during a local state of emergency.
(d) For purposes of this chapter, "Los Angeles World Airports"
means the department of the City of Los Angeles that owns and
operates the Los Angeles International Airport, the Ontario
International Airport, the Palmdale Regional Airport, and the Van
Nuys Airport.
SEC. 2. Section 830.33 of the Penal Code is amended to read:
830.33. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.
(a) A member of the San Francisco Bay Area Rapid Transit District
Police Department appointed pursuant to Section 28767.5 of the Public
Utilities Code, if the primary duty of the peace officer is the
enforcement of the law in or about properties owned, operated, or
administered by the district or when performing necessary duties with
respect to patrons, employees, and properties of the district.
(b) Harbor or port police regularly employed and paid in that
capacity by a county, city, or district other than peace officers
authorized under Section 830.1, if the primary duty of the peace
officer is the enforcement of the law in or about the properties
owned, operated, or administered by the harbor or port or when
performing necessary duties with respect to patrons, employees, and
properties of the harbor or port.
(c) Transit police officers or peace officers of a county, city,
transit development board, or district, if the primary duty of the
peace officer is the enforcement of the law in or about properties
owned, operated, or administered by the employing agency or when
performing necessary duties with respect to patrons, employees, and
properties of the employing agency.
(d) (1) Any person regularly employed as an
airport law enforcement officer by a city, county, or district
operating the airport or by a joint powers agency, created pursuant
to Article 1 (commencing with Section 6500) of Chapter 5 of Division
7 of Title 1 of the Government Code, operating the airport, if the
primary duty of the peace officer is the enforcement of the law in or
about properties owned, operated, and administered by the employing
agency or when performing necessary duties with respect to patrons,
employees, and properties of the employing agency.
(2) Notwithstanding paragraph (1), any person regularly employed
as an airport law enforcement officer by the Los Angeles World
Airports is a peace officer pursuant to the provisions of Section
830.1.
(e) (1) Any railroad police officer commissioned by the Governor
pursuant to Section 8226 of the Public Utilities Code, if the primary
duty of the peace officer is the enforcement of the law in or about
properties owned, operated, or administered by the employing agency
or when performing necessary duties with respect to patrons,
employees, and properties of the employing agency.
(2) Notwithstanding any other provision of law, a railroad police
officer who has met the current requirements of the Commission on
Peace Officer Standards and Training necessary for exercising the
powers of a peace officer, and who has been commissioned by the
Governor as described herein, and the officer's employing agency, may
apply for access to information from the California Law Enforcement
Telecommunications System (CLETS) through a local law enforcement
agency that has been granted direct access to CLETS, provided that,
in addition to other review standards and conditions of eligibility
applied by the Department of Justice, the CLETS Advisory Committee
and the Attorney General, before access is granted the following are
satisfied:
(A) The employing agency shall enter into a Release of CLETS
Information agreement as provided for in the CLETS policies,
practices, and procedures, and the required background check on the
peace officer and other pertinent personnel has been completed,
together with all required training.
(B) The Release of CLETS Information agreement shall be in
substantially the same form as prescribed by the CLETS policies,
practices, and procedures for public agencies of law enforcement who
subscribe to CLETS services, and shall be subject to the provisions
of Chapter 2.5 (commencing with Section 15150) of Title 2
Part 6 of Division 3 of Title 2 of
the Government Code and the CLETS policies, practices, and
procedures.
(C) (i) The employing agency shall expressly waive any objections
to jurisdiction in the courts of the State of California for any
liability arising from use, abuse, or misuse of CLETS access or
services or the information derived therefrom, or with respect to any
legal actions to enforce provisions of California law relating to
CLETS access, services, or information under this subdivision, and
provided that this liability shall be in addition to that imposed by
Public Utilities Code Section 8226 Section
8226 of the Public Utilities Code .
(ii) The employing agency shall further agree to utilize CLETS
access, services, or information only for law enforcement activities
by peace officers who have met the current requirements of the
Commission on Peace Officer Standards and Training necessary for
exercising the powers of a peace officer, and who have been
commissioned as described herein who are operating within the State
of California, where the activities are directly related to
investigations or arrests arising from conduct occurring within the
State of California.
(iii) The employing agency shall further agree to pay to the
Department of Justice and the providing local law enforcement agency
all costs related to the provision of access or services, including,
but not limited to, any and all hardware, interface modules, and
costs for telephonic communications, as well as administrative costs.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances facing the City of Los Angeles
relating to law enforcement at the Los Angeles International Airport.
