Bill Text: CA AB2506 | 2013-2014 | Regular Session | Chaptered
Bill Title: Peace officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 820, Statutes of 2014. [AB2506 Detail]
Download: California-2013-AB2506-Chaptered.html
BILL NUMBER: AB 2506 CHAPTERED
BILL TEXT
CHAPTER 820
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 14, 2014
PASSED THE ASSEMBLY MAY 8, 2014
INTRODUCED BY Assembly Member Salas
FEBRUARY 21, 2014
An act to amend Section 830.5 of the Penal Code, relating to peace
officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2506, Salas. Peace officers.
Existing law designates various persons as peace officers,
including correctional officers, and provides that their authority
extends to any place in the state while engaged in the performance of
their duties, and for the purpose of carrying out the primary
function of their employment. Existing law provides that correctional
officers may carry a firearm while not on duty.
This bill would characterize medical technical assistant series
employees designated by the Secretary of the Department of
Corrections and Rehabilitation or designated by the secretary and
employed by the State Department of State Hospitals as peace officers
authorized to carry a firearm while not on duty.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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. 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 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 State Hospitals 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 or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of State Hospitals. 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) 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) 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) The secretary shall promulgate regulations consistent with
this section.
(g) "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) "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.
