BILL NUMBER: SB 1190	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cedillo

                        FEBRUARY 18, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1190, as introduced, Cedillo. Animal control officers: baton
training.
   Under existing law, animal control officers are not peace officers
but may exercise the powers of arrest and the power to serve
warrants if the officers have completed an introductory course of
training prescribed by the Commission on Peace Officer Standards and
Training. Under existing law an animal control officer may carry a
wooden club or baton if the officer has completed a course certified
by the Department of Consumer Affairs in the carrying or use of the
club or baton.
   This bill would remove the requirement that animal control
officers complete training certified by the Department of Consumer
Affairs in order to be permitted to carry a club or baton and would
instead require the officers to complete training approved by the
Commission on Peace Officer Standards and Training in the carrying
and use of the club or baton in order to carry a club or baton.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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,  or an illegal dumping
enforcement officer, as described in Section 830.7,  from
carrying any wooden club or baton if the animal control officer
 or illegal dumping enforcement 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  approved by the Commission on Peace Officer
Standards and Training in the carrying and use of the club or baton
 . 
   (h) Nothing in this chapter prohibits an illegal dumping
enforcement officer, as described in Section 830.7, from carrying any
wooden club or baton if the illegal dumping enforcement 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.