Bill Text: CA SB490 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Peace officer status: custodial officers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State. Chapter 52, Statutes of 2009. [SB490 Detail]

Download: California-2009-SB490-Introduced.html

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BILL NUMBER: SB 490	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Maldonado

                        FEBRUARY 26, 2009

   An act to amend Section 830.1 of the Penal Code, relating to peace
officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 490, as introduced, Maldonado. Peace officer status: San Luis
Obispo County.
   (1) Existing law provides that a custodial officer not a peace
officer employed by a law enforcement agency in one of specified
counties or in a county with a population of 425,000 or less, as
specified, is a public officer, not a peace officer. Existing law
defines various persons as peace officers, including, among others,
custodial officers in certain counties.
   This bill would include custodial officers in the County of San
Luis Obispo, as specified, within the definition of peace officer.
   (2) Existing law requires agencies that employ peace officers to
establish a procedure for the investigation of complaints by the
public against peace officers.
   Because this bill would require agencies in the County of San Luis
Obispo that employ custodial officers deemed to be peace officers
under this bill to establish a procedure for the investigation of
complaints against those officers, this bill would impose a
state-mandated local program.
   (3) 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 830.1 of the Penal Code is amended to read:
   830.1.  (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief executive officer of a consolidated
municipal public safety agency that performs police functions, any
police officer, employed in that capacity and appointed by the chief
of police or chief, director, or chief executive of a public safety
agency, of a city, any chief of police, or police officer of a
district, including police officers of the San Diego Unified Port
District Harbor Police, authorized by statute to maintain a police
department, any marshal or deputy marshal of a superior court or
county, any port warden or port police officer of the Harbor
Department of the City of Los Angeles, or any inspector or
investigator employed in that capacity in the office of a district
attorney, is a peace officer. The authority of these peace officers
extends to any place in the state, as follows:
   (1) As to any public offense committed or which there is probable
cause to believe has been committed within the political subdivision
that employs the peace officer or in which the peace officer serves.
   (2) Where the peace officer has the prior consent of the chief of
police or chief, director, or chief executive officer of a
consolidated municipal public safety agency, or person authorized by
him or her to give consent, if the place is within a city, or of the
sheriff, or person authorized by him or her to give consent, if the
place is within a county.
   (3) As to any public offense committed or which there is probable
cause to believe has been committed in the peace officer's presence,
and with respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of the offense.
   (b) The Attorney General and special agents and investigators of
the Department of Justice are peace officers, and those assistant
chiefs, deputy chiefs, chiefs, deputy directors, and division
directors designated as peace officers by the Attorney General are
peace officers. The authority of these peace officers extends to any
place in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
   (c) Any deputy sheriff of the County of Los Angeles, and any
deputy sheriff of the Counties of Butte, Calaveras, Glenn, Humboldt,
Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino,
Plumas, Riverside, San Benito, San Diego,  San Luis Obispo, 
Santa Barbara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter,
Tehama, Tulare, and Tuolumne who is employed to perform duties
exclusively or initially relating to custodial assignments with
responsibilities for maintaining the operations of county custodial
facilities, including the custody, care, supervision, security,
movement, and transportation of inmates, is a peace officer whose
authority extends to any place in the state only while engaged in the
performance of the duties of his or her respective employment and
for the purpose of carrying out the primary function of employment
relating to his or her custodial assignments, or when performing
other law enforcement duties directed by his or her employing agency
during a local state of emergency.
  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.