BILL NUMBER: AB 1023	CHAPTERED  10/05/01

	CHAPTER  527
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2001
	APPROVED BY GOVERNOR  OCTOBER 4, 2001
	PASSED THE ASSEMBLY  AUGUST 30, 2001
	PASSED THE SENATE  AUGUST 27, 2001
	AMENDED IN SENATE  JULY 17, 2001
	AMENDED IN ASSEMBLY  MAY 16, 2001

INTRODUCED BY   Assembly Member Canciamilla

                        FEBRUARY 23, 2001

   An act to amend Section 12002 of the Penal Code, relating to peace
officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1023, Canciamilla.  Animal control officers:  use of batons.
   Existing law provides that any uniformed security guard who
successfully completes a specified course of instruction is entitled
to receive a permit to carry and use a club or baton within the scope
of his or her employment, issued by the Department of Consumer
Affairs.
   This bill would provide that an animal control officer is not
prohibited from carrying any wooden club or baton if he or she has
satisfactorily completed a specified course of instruction certified
by the Department of Consumer Affairs.  The training institution
certified by the department to present the course would be authorized
to charge a fee covering the cost of the training.


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


  SECTION 1.  Section 12002 of the Penal Code is amended to read:
   12002.  (a) Nothing in this chapter prohibits police officers,
special police officers, peace officers, or law enforcement officers
from carrying any wooden club, baton, or any equipment authorized for
the enforcement of law or ordinance in any city or county.
   (b) Nothing in this chapter prohibits a uniformed security guard,
regularly employed and compensated by a person engaged in any lawful
business, while actually employed and engaged in protecting and
preserving property or life within the scope of his or her
employment, from carrying any wooden club or baton if the uniformed
security guard has satisfactorily completed a course of instruction
certified by the Department of Consumer Affairs in the carrying and
use of the club or baton.  The training institution certified by the
Department of Consumer Affairs to present this course, whether public
or private, is authorized to charge a fee covering the cost of the
training.
   (c) The Department of Consumer Affairs, in cooperation with the
Commission on Peace Officer Standards and Training, shall develop
standards for a course in the carrying and use of the club or baton.

   (d) Any uniformed security guard who successfully completes a
course of instruction under this section is entitled to receive a
permit to carry and use a club or baton within the scope of his or
her employment, issued by the Department of Consumer Affairs.  The
department may authorize certified training institutions to issue
permits to carry and use a club or baton.  A fee in the amount
provided by law shall be charged by the Department of Consumer
Affairs to offset the costs incurred by the department in course
certification, quality control activities associated with the course,
and issuance of the permit.
   (e) Any person who has received a permit or certificate which
indicates satisfactory completion of a club or baton training course
approved by the Commission on Peace Officer Standards and Training
prior to January 1, 1983, shall not be required to obtain a baton or
club permit or complete a course certified by the Department of
Consumer Affairs.
   (f) Any person employed as a county sheriff's or police security
officer, as defined in Section 831.4, shall not be required to obtain
a club or baton permit or to complete a course certified by the
Department of Consumer Affairs in the carrying and use of a club or
baton, provided that the person completes a course approved by the
Commission on Peace Officer Standards and Training in the carrying
and use of the club or baton, within 90 days of employment.
   (g) Nothing in this chapter prohibits an animal control officer,
as described in Section 830.9, from carrying any wooden club or baton
if the animal control officer has satisfactorily completed a course
of instruction certified by the Department of Consumer Affairs in the
carrying and use of the club or baton.  The training institution
certified by the Department of Consumer Affairs to present this
course, whether public or private, is authorized to charge a fee
covering the cost of the training.