Bill Text: CA AB1763 | 2011-2012 | Regular Session | Amended
Bill Title: Peace officers: City of Los Angeles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-27 - Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB1763 Detail]
Download: California-2011-AB1763-Amended.html
BILL NUMBER: AB 1763 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 23, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 19, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 11, 2012
AMENDED IN ASSEMBLY MARCH 22, 2012
INTRODUCED BY Assembly Member Davis
FEBRUARY 17, 2012
An act to amend Sections 781 and 923
Section 830.31 of the Penal Code, relating to grand
jury proceedings. peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1763, as amended, Davis. Grand jury proceedings:
Attorney General: powers and duties. Peace officers:
City of Los Angeles.
Existing law provides that an officer of the Department of General
Services of the City of Los Angeles is a peace officer if he or she
is designated by the general manager of the department and his or her
primary duty is the enforcement of the law in or about properties
owned, operated, or administered by the department or when performing
necessary duties with respect to patrons, employees, and properties
of the department. A peace officer designated pursuant to those
provisions and authorized to carry firearms by the department is
required to complete an introductory course of firearm training and
requalify for the use of firearms every 6 months, and prohibits the
peace officer from carrying a firearm when he or she is not on duty.
This bill would instead provide that an officer of the Department
of General Services who was transferred to the Los Angeles Police
Department is a peace officer if he or she is designated by the Chief
of Police of the Los Angeles Police Department, or his or her
designee, and the peace officer's primary duty is the enforcement of
the law in or about properties owned, operated, or administered by
the City of Los Angeles or when performing necessary duties, as
specified. The bill would delete the provisions requiring a peace
officer designated pursuant to those provisions to requalify for the
use of firearms every 6 months, and would also delete the prohibition
on carrying firearms while not on duty.
Existing law authorizes the Attorney General to convene the grand
jury to investigate and consider certain criminal matters. The
Attorney General is authorized to take full charge of the
presentation of the matters to the grand jury, issue subpoenas,
prepare indictments, and do all other things incident thereto to the
same extent as the district attorney may do. Existing law authorizes
the Attorney General to impanel a special grand jury to investigate,
consider, or issue indictments for specified activities relating to
Medi-Cal fraud.
This bill also would authorize the Attorney General to impanel a
special statewide grand jury, as prescribed, for cases involving
fraud or theft that occur in more than one county and were conducted
by a single defendant or multiple defendants acting in concert.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 830.31 of the Penal
Code is amended to read:
830.31. 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.
These peace officers may carry firearms only if authorized, and under
the terms and conditions specified, by their employing agency.
(a) A police officer of the County of Los Angeles, if the primary
duty of the officer is the enforcement of the law in or about
properties owned, operated, or administered by his or her employing
agency or when performing necessary duties with respect to patrons,
employees, and properties of his or her employing agency.
(b) A person designated by a local agency as a park ranger and
regularly employed and paid in that capacity, if the primary duty of
the officer is the protection of park and other property of the
agency and the preservation of the peace therein.
(c) (1) A peace officer of the Department of General Services of
the City of Los Angeles who was transferred to the Los Angeles
Police Department and designated by the general
manager of the department Chief of Police of the Los
Angeles Police Department, or his or her designee , if the
primary duty of the officer is the enforcement of the law in or about
properties owned, operated, or administered by his or her
employing agency the City of Los Angeles or when
performing necessary duties with respect to patrons, employees, and
properties of his or her employing agency the
City of Los Angeles. For purposes of this section, "properties"
means city offices, city buildings, facilities, parks, shops, yards,
and warehouses, and the areas adjacent thereto .
(2) A peace officer designated pursuant to this subdivision, and
authorized to carry firearms by his or her employing agency
the Los Angeles Police Department , shall
satisfactorily complete the introductory course of firearm training
required by Section 832 and shall requalify in the use of
firearms every six months .
(3) Notwithstanding any other provision of law, a peace officer
designated pursuant to this subdivision who is authorized to carry a
firearm by his or her employing agency while on duty shall not be
authorized to carry a firearm when he or she is not on duty.
(d) A housing authority patrol officer employed by the housing
authority of a city, district, county, or city and county or employed
by the police department of a city and county, if the primary duty
of the officer is the enforcement of the law in or about properties
owned, operated, or administered by his or her employing agency or
when performing necessary duties with respect to patrons, employees,
and properties of his or her employing agency.
SECTION 1. Section 781 of the Penal Code is
amended to read:
781. Except as provided in Section 923, when a public offense is
committed in part in one jurisdictional territory and in part in
another, or the acts or effects thereof constituting or requisite to
the consummation of the offense occur in two or more jurisdictional
territories, the jurisdiction for the offense is in any competent
court within either jurisdictional territory.
SEC. 2. Section 923 of the Penal Code is
amended to read:
923. (a) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, direct the grand jury to convene for the
investigation and consideration of those matters of a criminal nature
that he or she desires to submit to it. He or she may take full
charge of the presentation of the matters to the grand jury, issue
subpoenas, prepare indictments, and do all other things incident
thereto to the same extent as the district attorney may do.
(b) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, petition the court to impanel a special grand
jury to investigate, consider, or issue indictments for any of the
activities subject to fine, imprisonment, or asset forfeiture under
Section 14107 of the Welfare and Institutions Code. He or she may
take full charge of the presentation of the matters to the grand
jury, issue subpoenas, prepare indictments, and do all other things
incident thereto to the same extent as the district attorney may do.
If the evidence presented to the grand jury shows the commission of
an offense or offenses for which venue would be in a county other
than the county where the grand jury is impaneled, the Attorney
General, with or without the concurrence of the district attorney in
the county with jurisdiction over the offense or offenses, may
petition the court to impanel a special grand jury in that county.
Notwithstanding any other law, upon request of the Attorney General,
a grand jury convened by the Attorney General pursuant to this
subdivision may submit confidential information obtained by that
grand jury, including, but not limited to, documents and testimony,
to a second grand jury that has been impaneled at the request of the
Attorney General pursuant to this subdivision in any other county
where venue for an offense or offenses shown by evidence presented to
the first grand jury is proper. All confidentiality provisions
governing information, testimony, and evidence presented to a grand
jury shall be applicable, except as expressly permitted by this
subdivision. The Attorney General shall inform the grand jury that
transmits confidential information and the grand jury that receives
confidential information of any exculpatory evidence, as required by
Section 939.71. The grand jury that transmits information to another
grand jury shall include the exculpatory evidence disclosed by the
Attorney General in the transmission of the confidential information.
The Attorney General shall inform both the grand jury transmitting
the confidential information and the grand jury receiving that
information of their duties under Section 939.7. A special grand jury
convened pursuant to this subdivision shall be in addition to the
other grand juries authorized by this chapter, including this
section, or Chapter 2 (commencing with Section 893).
(c) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, impanel a special statewide grand jury to
investigate, consider, or issue indictments in any matters in which
there are two or more activities, in which fraud or theft is a
material element, that have occurred in more than one county, and
were conducted either by a single defendant or multiple defendants
acting in concert.
(1) This special statewide grand jury may be impaneled in the
Counties of Fresno, Los Angeles, Sacramento, San Diego, or San
Francisco, at the Attorney General's discretion. When impaneling a
special statewide grand jury pursuant to this subdivision, the
Attorney General shall use an existing regularly impaneled criminal
grand jury within the period of its regular impanelment to serve as
the special statewide grand jury and make arrangements with the grand
jury coordinator in the applicable county, or with the presiding
judge or whoever is charged with scheduling the grand jury hearings,
in order to ensure orderly coordination and use of the grand jurors'
time for both regular grand jury duties and special statewide grand
jury duties. Whenever the Attorney General impanels a special
statewide grand jury, the prosecuting attorney representing the
Attorney General shall inform the special statewide grand jury at the
outset of the case that the special statewide grand jury is acting
as a special statewide grand jury with statewide jurisdiction.
(2) For special statewide grand juries impaneled pursuant to this
subdivision, the Attorney General may issue subpoenas for documents
and witnesses located anywhere in the state in order to obtain
evidence to present to the special statewide grand jury. The special
statewide grand jury may hear all evidence in the form of testimony
or physical evidence presented to the special statewide grand jury,
irrespective of the location of the witness or physical evidence
prior to subpoena. The special statewide grand jury impaneled
pursuant to this subdivision may indict a person or persons with
charges for crimes that occurred in counties other than where the
special statewide grand jury is impaneled. The indictment shall then
be submitted to the court in any county in which any of the charges
could otherwise have been properly brought. The court where the
indictment is filed under this subdivision shall have proper
jurisdiction over all counts in the indictment.
(3) Notwithstanding Section 944, an indictment found by a special
statewide grand jury convened pursuant to this subdivision and
endorsed as a true bill by the special statewide grand jury
foreperson, may be presented to the appropriate court, as set forth
in paragraph (2), solely by the Attorney General and within five
court days of the endorsement of the indictment. For indictments
presented to the court in this manner, the Attorney General shall
also file with the court or court clerk, at the time of presenting
the indictment, an affidavit signed by the special statewide grand
jury foreperson attesting that all the jurors who voted on the
indictment heard all of the evidence presented by the Attorney
General, and that a proper number of jurors voted for the indictment
pursuant to Section 940. The Attorney General's Office shall be
responsible for prosecuting an indictment produced by the special
statewide grand jury.
(4) If a defendant makes a timely and successful challenge to the
Attorney General's right to convene a special statewide grand jury by
clearly demonstrating that the charges brought are not encompassed
by this subdivision, the court shall dismiss the indictment without
prejudice to the Attorney General, who may bring the same or other
charges against the defendant at a later date by way of another
special statewide grand jury, properly convened, or a regular grand
jury, or by any other procedure available.
(5) The provisions of Section 939.71 shall apply to the special
statewide grand jury.
(6) Unless otherwise set forth in this section, a law applying to
a regular grand jury impaneled pursuant to Section 23 of Article I of
the California Constitution shall apply to a special statewide grand
jury unless the application of the law to a special statewide grand
jury would substantially interfere with the execution of one or more
of the provisions of this section. If there is substantial
interference, the provision governing the special statewide grand
jury will govern.
(d) Upon certification by the Attorney General, a statement of the
costs directly related to the impanelment and activities of the
grand jury pursuant to subdivisions (b) and (c) from the presiding
judge of the superior court where the grand jury was impaneled shall
be submitted for state reimbursement of the costs to the county or
courts.
