Bill Text: CA AB272 | 2015-2016 | Regular Session | Enrolled
Bill Title: California Fair Employment and Housing Act: reserve peace officers.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB272 Detail]
Download: California-2015-AB272-Enrolled.html
BILL NUMBER: AB 272 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 17, 2015
PASSED THE ASSEMBLY MAY 7, 2015
AMENDED IN ASSEMBLY APRIL 15, 2015
AMENDED IN ASSEMBLY MARCH 12, 2015
INTRODUCED BY Assembly Member Lackey
(Coauthors: Assembly Members Chávez, McCarty, Waldron, and Wilk)
(Coauthor: Senator Vidak)
FEBRUARY 11, 2015
An act to amend Section 830.6 of the Penal Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 272, Lackey. California Fair Employment and Housing Act:
reserve peace officers.
Under the California Fair Employment and Housing Act, it is
unlawful to engage in specified discriminatory practices in
employment or housing accommodations on the basis of certain
specified characteristics, including race, creed, or national origin.
Existing law defines these characteristics and other terms for
purposes of the act.
Under existing law, a person deputized or appointed as a reserve
or auxiliary sheriff or city police officer, a reserve deputy
sheriff, a reserve deputy marshal, a reserve police officer of a
transit district, a reserve park ranger, a reserve harbor or port
police officer, or a reserve officer of a school district, among
others, by the proper authority, who is assigned specific police
functions by that authority or is designated by local ordinance or
resolution, and who meets specified requirements, is a peace officer.
This bill would make a person deputized or appointed by the proper
authority as a peace officer pursuant to the above provisions an
employee for purposes of the California Fair Employment and Housing
Act.
The bill would also update an obsolete cross-reference.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 830.6 of the Penal Code is amended to read:
830.6. (a) (1) Whenever a qualified person is deputized or
appointed by the proper authority as a reserve or auxiliary sheriff
or city police officer, a reserve deputy sheriff, a reserve deputy
marshal, a reserve police officer of a regional park district or of a
transit district, a reserve park ranger, a reserve harbor or port
police officer of a county, city, or district as specified in Section
663.5 of the Harbors and Navigation Code, a reserve deputy of the
Department of Fish and Game, a reserve special agent of the
Department of Justice, a reserve officer of a community service
district which is authorized under subdivision (i) of Section 61100
of the Government Code to maintain a police department or other
police protection, a reserve officer of a school district police
department under Section 35021.5 of the Education Code, a reserve
officer of a community college police department under Section 72330
of the Education Code, a reserve officer of a police protection
district formed under Part 1 (commencing with Section 20000) of
Division 14 of the Health and Safety Code, or a reserve housing
authority patrol officer employed by a housing authority defined in
subdivision (d) of Section 830.31, and is assigned specific police
functions by that authority, the person is a peace officer, if the
person qualifies as set forth in Section 832.6. The authority of a
person designated as a peace officer pursuant to this paragraph
extends only for the duration of the person's specific assignment. A
reserve park ranger or a transit, harbor, or port district reserve
officer may carry firearms only if authorized by, and under those
terms and conditions as are specified by, his or her employing
agency.
(2) Whenever a qualified person is deputized or appointed by the
proper authority as a reserve or auxiliary sheriff or city police
officer, a reserve deputy sheriff, a reserve deputy marshal, a
reserve park ranger, a reserve police officer of a regional park
district, transit district, community college district, or school
district, a reserve harbor or port police officer of a county, city,
or district as specified in Section 663.5 of the Harbors and
Navigation Code, a reserve officer of a community service district
that is authorized under subdivision (i) of Section 61100 of the
Government Code to maintain a police department or other police
protection, or a reserve officer of a police protection district
formed under Part 1 (commencing with Section 20000) of Division 14 of
the Health and Safety Code, and is so designated by local ordinance
or, if the local agency is not authorized to act by ordinance, by
resolution, either individually or by class, and is assigned to the
prevention and detection of crime and the general enforcement of the
laws of this state by that authority, the person is a peace officer,
if the person qualifies as set forth in paragraph (1) of subdivision
(a) of Section 832.6. The authority of a person designated as a peace
officer pursuant to this paragraph includes the full powers and
duties of a peace officer as provided by Section 830.1. A transit,
harbor, or port district reserve police officer, or a city or county
reserve peace officer who is not provided with the powers and duties
authorized by Section 830.1, has the powers and duties authorized in
Section 830.33, or in the case of a reserve park ranger, the powers
and duties that are authorized in Section 830.31, or in the case of a
reserve housing authority patrol officer, the powers and duties that
are authorized in subdivision (d) of Section 830.31, and a school
district reserve police officer or a community college district
reserve police officer has the powers and duties authorized in
Section 830.32.
(b) Whenever a person designated by a Native American tribe
recognized by the United States Secretary of the Interior is
deputized or appointed by the county sheriff as a reserve or
auxiliary sheriff or a reserve deputy sheriff, and is assigned to the
prevention and detection of crime and the general enforcement of the
laws of this state by the county sheriff, the person is a peace
officer, if the person qualifies as set forth in paragraph (1) of
subdivision (a) of Section 832.6. The authority of a peace officer
pursuant to this subdivision includes the full powers and duties of a
peace officer as provided by Section 830.1.
(c) A person deputized or appointed by the proper authority as a
peace officer pursuant to subdivision (a) or (b), including, but not
limited to, a person who is deputized or appointed by the proper
authority as a reserve deputy sheriff or a reserve city police
officer, is an employee of the appointing authority for purposes of
the California Fair Employment and Housing Act (Part 2.8 (commencing
with Section 12900) of Division 3 of Title 2 of the Government Code).
(d) Whenever a person is summoned to the aid of any uniformed
peace officer, the summoned person is vested with the powers of a
peace officer that are expressly delegated to him or her by the
summoning officer or that are otherwise reasonably necessary to
properly assist the officer.
