Bill Text: CA AB1968 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Peace officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-30 - Consideration of Governor's veto pending. [AB1968 Detail]

Download: California-2011-AB1968-Amended.html

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BILL NUMBER: AB 1968	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  MAY 29, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 23, 2012

   An act to amend Section 830.5 of the Penal Code, relating to peace
officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1968, as amended, Wieckowski. Peace officers.
   Existing law designates various persons as peace officers,
including probation officers, parole officers, and parole agents, and
provides that their authority extends to certain duties, including
to the conditions of parole, probation, or postrelease community
supervision of a person in the state on parole, probation, or
postrelease community supervision, the escape of an inmate or ward
from a state or local institution, the transportation of persons on
parole, probation, or postrelease community supervision, and
violations of law that are discovered while performing his or her
duties. Existing law categorizes a probation officer as a peace
officer who may carry firearms only if authorized by his or her
employing agency, and under the terms and conditions specified by his
or her employing agency.
   This bill would authorize any probation officer or deputy
probation officer to carry firearms as determined by the chief
probation officer on a case-by-case or unit-by-unit basis and under
terms and conditions specified by the chief probation officer. The
bill would require each chief probation officer to develop a policy
for arming probation officers and deputy probation officers who
comprise high-risk case loads no later than June 30, 2013, and would
require the policy to be implemented no later than December 31, 2013.

   By imposing new duties on counties, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 830.5 of the   Penal
Code   , as amended by Section 25 of Chapter 43 of the
Statutes of 2012, is amended to read: 
   830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except
as specified in this section, these peace officers may carry
firearms only if authorized and under those terms and conditions
specified by their employing agency:
   (a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole, probation, mandatory supervision, or
postrelease community supervision by any person in this state on
parole, probation, mandatory supervision, or postrelease community
supervision.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole, probation,
mandatory supervision, or postrelease community supervision.
   (4) To violations of any penal provisions of law  which
  that  are discovered while performing the usual
or authorized duties of his or her employment.
   (5) (A) To the rendering of mutual aid to any other law
enforcement agency.
   (B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
   (C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
   (D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
   (b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, designated by the secretary or any superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, or any transportation
officer of a probation department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile Parole Board may
carry a firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and conditions
specified by the chairperson. Nothing in this section shall be
interpreted to require licensure pursuant to Section 25400. The
director or chairperson may deny, suspend, or revoke for good cause a
person's right to carry a firearm under this subdivision. That
person shall, upon request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, or the Juvenile Parole Board, to review
the director's or the chairperson's decision. 
   (d) A probation officer or deputy probation officer is authorized
to carry firearms, but only as determined by the chief probation
officer on a case-by-case or unit-by-unit basis and only under those
terms and conditions specified by the chief probation officer. Each
chief probation officer shall develop a policy for arming probation
officers and deputy probation officers who comprise high-risk
caseloads no later than June 30, 2013. This policy shall be
implemented no later than December 31, 2013.  
   (d) 
    (e)  Persons permitted to carry firearms pursuant to
this section, either on or off duty, shall meet the training
requirements of Section 832 and shall qualify with the firearm at
least quarterly. It is the responsibility of the individual officer
or designee to maintain his or her eligibility to carry concealable
firearms off duty. Failure to maintain quarterly qualifications by an
officer or designee with any concealable firearms carried off duty
shall constitute good cause to suspend or revoke that person's right
to carry firearms off duty. 
   (e) 
    (f)  The Department of Corrections and Rehabilitation
shall allow reasonable access to its ranges for officers and
designees of either department to qualify to carry concealable
firearms off duty. The time spent on the range for purposes of
meeting the qualification requirements shall be the person's own time
during the person's off-duty hours. 
   (f) 
    (g)  The secretary shall promulgate regulations
consistent with this section. 
   (g) 
    (h)  "High-risk transportation details" and "high-risk
escape details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards. 
   (h) 
    (i)  "Transportation detail" as used in this section
shall include transportation of wards outside the facility,
including, but not limited to, court appearances, medical trips, and
interfacility transfers. 
   (i) 
    (j)  This section is operative January 1, 2012. 

  SECTION 1.    Section 830.5 of the Penal Code is
amended to read:
   830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statues of 2002. Except
as specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
   (a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole, probation, or postrelease community
supervision by any person in this state on parole, probation, or
postrelease community supervision.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole, probation, or
postrelease community supervision.
   (4) To violations of any penal provisions of law that are
discovered while performing the usual or authorized duties of his or
her employment.
   (5) (A) To the rendering of mutual aid to any other law
enforcement agency.
   (B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
   (C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
   (D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
   (b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, designated by the secretary or any superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, or any transportation
officer of a probation department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile Parole Board may
carry a firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and conditions
specified by the chairperson. Nothing in this section shall be
interpreted to require licensure pursuant to Section 25400. The
director or chairperson may deny, suspend, or revoke for good cause a
person's right to carry a firearm under this subdivision. That
person shall, upon request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, or the Juvenile Parole Board, to review
the director's or the chairperson's decision.
   (d) Any probation officer or deputy probation officer is
authorized to carry firearms, but only as determined by the chief
probation officer on a case-by-case or unit-by-unit basis and only
under those terms and conditions specified by the chief probation
officer. Each chief probation officer shall develop a policy for
arming probation officers and deputy probation officers who comprise
high-risk caseloads no later than June 30, 2013. This policy shall be
implemented no later than December 31, 2013.
   (e) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
   (f) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
   (g) The secretary shall promulgate regulations consistent with
this section.
   (h) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
   (i) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
   (j) This section is operative January 1, 2012. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.