Bill Text: CA AB2361 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Peace officers: independent institutions of higher education: security officers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-14 - Chaptered by Secretary of State - Chapter 356, Statutes of 2016. [AB2361 Detail]

Download: California-2015-AB2361-Amended.html

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BILL NUMBER: AB 2361	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2016

INTRODUCED BY   Assembly Member Santiago

                        FEBRUARY 18, 2016

   An act to add Section 830.75 to the Penal Code, relating to peace
officers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2361, as amended, Santiago. Peace officers: 
independent institutions of higher education.  
University of Southern California security officers. 
   Existing law designates all persons who meet specified standards
as peace officers. Existing law requires any sheriff, undersheriff,
deputy sheriff or police officer, as specified, to successfully
complete a course of training prescribed by the Commission on Peace
Officer Standards and Training before exercising the powers of a
peace officer.
   This bill would  authorize an independent institution of
higher education, as defined, to designate a person regularly
employed as a security officer as a peace officer during the course
of and within the scope of his or her employment, as specified,
provided that the person successfully completes the course of
training described above.   make   a person
regularly employed as a security officer of the University of
Southern California a peace officer during the course and within the
scope of his or her employment with the University of Southern
California. The bill would require the University of Southern
California to enter into a memorandum of understanding with the local
law enforcement agency to implement the authority granted by the
bill. The bill would require peace officers designated pursuant to
its provisions to complete the course of training prescribed by the
Commission on Peace Officer Standards and Training. The bill would
allow a peace officer designated pursuant to its provisions to carry
a firearm if authorized by his or her employer. 
   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 830.75 is added to the 
 Penal Code   , to read:  
   830.75.  (a) Notwithstanding subdivision (b) of Section 830.7, a
person regularly employed as a security officer for the University of
Southern California is a peace officer during the course and within
the scope of his or her employment with the University of Southern
California, provided that these peace officers shall not exercise
their powers or authority except upon the campuses of the University
of Southern California and an area within one mile of the exterior
boundaries of each, and in or about other grounds and properties
owned, operated, controlled, or administered by the University of
Southern California.
   (b) In order to implement the authority of the state to grant
police powers pursuant to subdivision (a), the local law enforcement
agency and the University of Southern California shall enter into a
memorandum of understanding pursuant to all of the following:
   (1) The memorandum of understanding shall implement the exercise
of the authority granted by the state pursuant to this section.
   (2) The local law enforcement agency, or the chief or head of the
department of public safety of the University of Southern California,
shall designate security officers of the University of Southern
California as peace officers under this section.
   (3) The memorandum of understanding shall be recognized and duly
enforced.
   (c) Before exercising the powers of a peace officer, a person
designated as a peace officer pursuant to this section shall
successfully complete a regular basic course of training certified by
the Commission on Peace Officer Standards and Training as prescribed
in Section 832 and shall undergo a background investigation pursuant
to Section 1031 of the Government Code.
   (d) Persons designated as peace officers pursuant to this section
shall maintain the same continuous professional training, including
perishable skills training, as required by the Commission on Peace
Officer Standards and Training with respect to duties involving
responsibility for the prevention and detection of crime and the
general enforcement of the criminal laws of this state, provided,
however, that the persons designated as peace officers pursuant to
this section shall not be reimbursed with state funds for any
training they receive.
   (e) A person designated as a peace officer pursuant to this
section shall have all the authority, rights, powers, duties,
responsibilities, and status afforded to peace officers under any
other law, whether or not this section is specifically referenced
therein, with the exception of retirement, workers' compensation, or
similar injury or death benefits, or other employee benefits for
which peace officers in this state are eligible. Vehicles owned by
the University of Southern California that are specifically
designated for use by persons designated as peace officers pursuant
to this section shall be deemed authorized emergency vehicles for all
purposes of the law within the institution's jurisdiction.
   (f) A person designated as a peace officer pursuant to this
section may carry a firearm in the course of his or her duties only
if authorized by, and under the terms and conditions of, his or her
employer.  
  SECTION 1.    Section 830.75 is added to the Penal
Code, to read:
   830.75.  (a) A person regularly employed as a security officer for
an independent institution of higher education as defined in
subdivision (b) of Section 66010 of the Education Code, may be
designated as a peace officer during the course and within the scope
of his or her employment, if the institution has, with the sheriff or
chief of police of within whose jurisdiction the institution is
located, entered into a memorandum of understanding that permits the
exercise of that authority.
   (b) Before exercising the powers of a peace officer, a person
designated as a peace officer pursuant to subdivision (a) shall
successfully complete a course of training prescribed by the
Commission on Peace Officer Standards and Training pursuant to
Section 832.3.
   (c) A person designated as a peace officer pursuant to subdivision
(a) shall not be reimbursed with state funds for any training he or
she receives, and shall not be eligible to participate in any state
or municipal retirement system based on his or her designation as a
peace officer pursuant to subdivision (a).
   (d) A person designated as a peace officer pursuant to subdivision
(a) may carry a firearm in the course of his or her duties only if
authorized by and under the terms and conditions of his or her
employing agency.