BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair A
2005-2006 Regular Session B
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AB 1980 (Bass) 0
As Amended May 22, 2006
Hearing date: June 13, 2006
Penal Code
SM:mc
CITY OF LOS ANGELES SECURITY OFFICERS
(1) AUTHORITY TO EXERCISE PEACE OFFICER POWERS OF ARREST
(2) INCREASED PENALTIES - ASSAULTS OR BATTERIES AGAINST THOSE
PERSONS
HISTORY
Source: Service Employees International Union Local 347
Prior Legislation: AB 1536 (Bass) - vetoed October 6, 2005
SB 1578 (Alarcon) - vetoed July 21, 2000
SB 1936 (Johnston) - Ch. 308, Stats. 1998; relevant
provisions deleted in Assembly Committee on Public
Safety
Support: Unknown
Opposition:None known
Assembly Floor Vote: Ayes 75 - Noes 0
KEY ISSUE
SHOULD PEACE OFFICER POWERS OF ARREST BE GRANTED TO SECURITY
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OFFICERS EMPLOYED BY THE CITY OF LOS ANGELES ACTING IN THE COURSE
AND SCOPE OF THEIR DUTIES, PROVIDED THAT THEY COMPLETE A TRAINING
COURSE IN THE EXERCISE OF THOSE POWERS, AS SPECIFIED, AND CONTINGENT
UPON A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF LOS ANGELES AS
WELL AS A MEMORANDUM OF UNDERSTANDING FROM THE CHIEF OF POLICE OF
THE CITY OF LOS ANGELES, PERMITTING THE EXERCISE OF THAT AUTHORITY?
PURPOSE
The purpose of this bill is to (1) grant powers of arrest, as
specified, to security officers employed by the City of Los
Angeles acting in the course and scope of their duties, provided
that they complete a training course in the exercise of those
powers, certified by the Commission on Peace Officer's Standards
and Training (POST), and, (2) make that authority contingent
upon a memorandum of understanding with the City of Los Angeles
and the Chief of Police of the City of Los Angeles, permitting
the exercise of that authority.
Existing law provides that several types of publicly employed
security officers are granted the powers of arrest of a peace
officer although they are not peace officers. These persons may
exercise the powers of arrest of a peace officer, as specified,
during the course and within the scope of their employment if
they successfully complete a course in the exercise of those
powers, as specified, which has been certified by POST. Persons
currently granted such powers are:
a) Persons designated by a cemetery authority, as
specified.
b) Persons regularly employed as security officers for
independent institutions of higher education, as specified,
if the institution has concluded a memorandum of
understanding permitting the exercise of that authority
with the sheriff or the chief of police within whose
jurisdiction the institution lies.
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c) Persons regularly employed as security officers for
health facilities, as specified, that are owned and
operated by cities, counties, and cities and counties, if
the facility has concluded a memorandum of understanding,
permitting the exercise of that authority, with the sheriff
or the chief of police within whose jurisdiction the
facility lies.
d) Employees or classes of employees of the California
Department of Forestry and Fire Protection designated by
the Director of Forestry and Fire Protection, provided that
the primary duty of the employee shall be the enforcement
of the law, as specified.
e) Persons regularly employed as inspectors, supervisors,
or security officers for transit districts, as specified,
if the district has concluded a memorandum of understanding
permitting the exercise of that authority with, as
applicable, the sheriff, the chief of police, or the
Department of the California Highway Patrol within whose
jurisdiction the district lies.
f) Non-peace officers regularly employed as county parole
officers, as specified.
g) Persons appointed by the Executive Director of the
California Science Center, as specified.
h) Persons regularly employed as investigators, as
specified, by the Department of Transportation for the City
of Los Angeles and designated by local ordinance as public
officers to the extent necessary to enforce laws related to
public transportation and authorized by a memorandum of
understanding with the chief of police permitting the
exercise of that authority. (Penal Code 830.7.)
Existing law provides that all persons authorized to exercise
powers of arrest of a peace officer in Penal Code section 830.7 do
get limited liability for lawful arrests. (Penal Code 847.)
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Existing law further provides that:
An arrest is taking a person into custody, in a case and in
the manner authorized by law and that an arrest may be made by
a peace officer or a private person. (Penal Code 834.)
An arrest is made by an actual restraint of the person, or by
submission to the custody of an officer. The person arrested
may be subjected to such restraint as is reasonable for his or
her arrest and detention. (Penal Code 835.)
A private person may arrest another person for a public
offense committed or attempted in his or her presence, when
the person arrested has committed a felony regardless of
whether it was committed in his or her presence, and when a
felony has been committed and he or she has reasonable cause
for believing the person to be arrested has committed it.
(Penal Code 837.)
With limited exceptions, a peace officer may arrest a person
when the officer has reasonable cause to believe the person to
be arrested has committed a public offense in the officer's
presence, when the person arrested has committed a felony
regardless of whether it was committed in the officer's
presence, and when the officer has reasonable cause to believe
the person to be arrested has committed a felony. (Penal Code
836.)
Existing law defines an assault as an unlawful attempt, coupled
with a present ability, to commit a violent injury on another.
(Penal Code 240.)
The general penalty for an assault is a six-month misdemeanor
but an assault may be punished as a one-year in county jail
misdemeanor if certain conditions exist depending on the
individual assaulted - for example a peace officer, traffic
officer, or lifeguard who the offender knew or should have
known is a peace officer, traffic officer, or lifeguard, and
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the place of the assault, for example on school property.
(Penal Code 241.) Some felony assault provisions may apply
as well for other specific conditions, such as the use of
specified weapons.
Existing law defines a battery as any willful and unlawful use
of force or violence upon the person of another. (Penal Code
242.)
Existing law has a somewhat complex scheme of penalties for
battery. The simple battery penalty (no great bodily injury and
not against specified persons or in specified places) is a
six-month misdemeanor. (Penal Code 243(a).)
Existing law provides that a battery upon a peace officer, and
other specified persons such as traffic officers and lifeguards,
is punishable as a one-year misdemeanor for simple battery and
when an injury is committed, punishable as an alternate
misdemeanor-felony. A battery on any person which causes
serious bodily injury is punishable as a felony punishable by
imprisonment in the state prison for 2, 3, or 4 years. (Penal
Code 243(b)(c) and (d).)
Existing law provides that for purposes of both the assault and
the battery penalties noted above the term "peace officer" means
any person defined in Chapter 4.5 of the Penal Code, commencing
with Section 830, the provisions of law which both designate
peace officer status and limited peace officer powers for
persons who are not otherwise peace officers. (Penal Code
241(c)(1) and 243(f)(1).)
This bill does the following:
Grants peace officer powers of arrest, as specified, to
security officers employed by the City of Los Angeles
acting in the course and scope of their duties, provided
that they complete a training course in the exercise of
those powers, as specified.
Grants that authority contingent upon a memorandum of
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understanding with the City of Los Angeles, as well as a
memorandum of understanding from the Chief of Police of
the City of Los Angeles, permitting the exercise of that
authority.
COMMENTS
1. Need for This Bill
According to the author:
Currently LA City security officers detain serious
offenders in the course of protecting the public in
city buildings (city hall, library, etc.). They are
subject to criminal and civil allegations resulting
from these detentions. AB 1980 will grant these
officers limited arrest powers clarifying liability
for both the worker and the city. In addition, this
bill clarifies the authority of the Los Angeles Police
Chief by requiring security officers employed by the
city to have the power to arrest only if they enter
into a Memorandum of Understanding (MOU) with the city
and the Chief of Police.
2. Security Officer's Liability
A security officer who witnesses a crime may make a citizen's
arrest and then turn the suspect over to a police officer but
doing so exposes him or her to potential civil liability for
false arrest and false imprisonment. (See Kinney v. Contra
Costa (1970) 8 Cal.App.3rd 761, 769.) By amending Penal Code
Section 830.7 to include security officers employed by the City
of Los Angeles, as specified, this bill would not make these
employees peace officers but would grant them powers of arrest
equal to those of peace officers, and would provide them with
the same protection from liability enjoyed by peace officers
acting in the course and scope of their duties. Security
officers might be able to obtain some protection against
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liability by way of a city council ordinance authorizing them to
make arrests in certain circumstances pursuant to Penal Code
Section 836.5(a).
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Under Penal Code Section 836.5(a), a public officer or employee,
when authorized by ordinance, may arrest a person without a
warrant when he or she has reasonable cause to believe that the
person has committed a misdemeanor in his or her presence but
only when that misdemeanor "is a violation of a statute or
ordinance which the officer or employee has the duty to
enforce." An officer or employee detaining a person under those
circumstances has no civil liability for false arrest or false
imprisonment pursuant to Penal Code Section 836.5(b). It is not
clear that this would relieve security officers of potential
liability from making arrests in all situations they may
encounter because it is not clear that they would have a duty to
enforce all laws. It would also not relieve them from potential
liability for detaining persons for committing felonies.
4. No Three-Strikes Implications
Due to the potential felony penalties that apply for assault and
battery on a peace officer, granting 830.7 status may expand the
scope of the Three-Strikes law. Although section 830.7 states
that persons granted arrest powers under that section are not
peace officers, the potential felony penalties for assault and
battery on a peace officer nonetheless apply to persons granted
arrest powers under section 830.7. (See Penal Code sections
241(c)(1), 243(f)(1).) However, AB 1980 contains language that
explicitly states the provisions of sections 241 and 243 will
not apply to Los Angeles city security officers, thus preventing
any expansion of the Three-Strikes law.
5. Addresses Governor's Veto Message of AB 1536
As noted above, a nearly identical bill passed this Committee on
a 6-0 vote last year and was subsequently approved by the
Legislature. That bill, AB 1536, was vetoed by Governor
Schwarzenegger. In his veto message, the Governor stated his
reasons as follows:
This bill completely circumvents the authority of the
Los Angeles Police Chief by authorizing security
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guards employed by the city to have the power to
arrest if they enter into a Memorandum of
Understanding (MOU) with the city instead of the
Police Department. Just as with other grants of
limited peace officer authority pursuant to the Penal
Code, public officers should enter into an MOU with
the appropriate law enforcement agency.
Accountability is diminished by allowing an agency,
other than the appropriate police agency with
jurisdiction over the area, to grant traditional peace
officer powers to any group.
By adding the requirement that these powers of arrest will be
granted only pursuant to a memorandum of understanding with the
Chief of Police of the City of Los Angeles, this bill appears to
squarely address the Governor's stated reason for vetoing AB
1536 last year.
SHOULD PEACE OFFICER POWERS OF ARREST BE GRANTED TO SECURITY
OFFICERS EMPLOYED BY THE CITY OF LOS ANGELES ACTING IN THE
COURSE AND SCOPE OF THEIR DUTIES, PROVIDED THAT THEY COMPLETE A
TRAINING COURSE IN THE EXERCISE OF THOSE POWERS, AS SPECIFIED,
AND CONTINGENT UPON A MEMORANDUM OF UNDERSTANDING WITH THE CITY
OF LOS ANGELES AS WELL, AS A MEMORANDUM OF UNDERSTANDING FROM
THE CHIEF OF POLICE OF THE CITY OF LOS ANGELES, PERMITTING THE
EXERCISE OF THAT AUTHORITY?
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