BILL NUMBER: AB 801 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2012
AMENDED IN ASSEMBLY JANUARY 11, 2012
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Swanson
FEBRUARY 17, 2011
An act to amend Sections 829.5 and Section
830.7 of the Penal Code, relating to code enforcement
officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 801, as amended, Swanson. Code enforcement officers.
Existing law defines "code enforcement officer" to mean specified
persons employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, who have enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
are authorized to issue citations, or file formal complaints. The
term also refers to any person who is employed by the Department of
Housing and Community Development who has enforcement authority for
health, safety, and welfare requirements relating to housing, as
specified.
Existing law provides that "illegal dumping enforcement officers"
who are employed full time, part time, or as volunteers after
completing prescribed training by a city, county, or city and county,
and who are designated by local ordinance as public officers, are
not peace officers but 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 specified course in
the exercise of those powers.
This bill would delete references to "illegal dumping enforcement
officers" and would instead authorize a code enforcement officer, as
specified, to exercise the powers of arrest of a peace officer in the
manner described above.
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 829.5 of the Penal Code is
amended to read:
829.5. (a) "Code enforcement officer" means any person who is
employed by any governmental subdivision, public or quasi-public
corporation, public agency, public service corporation, any town,
city, county, or municipal corporation, whether incorporated or
chartered, who has enforcement authority for health, safety, and
welfare requirements, whose duties include enforcement of any
statute, rule, regulation, or standard, and who is authorized to
issue citations, or file formal complaints.
(b) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the Manufactured Housing
Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of
the Health and Safety Code); the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code); and the Special Occupancy Parks Act (Part 2.3
(commencing with Section 18860) of Division 13 of the Health and
Safety Code).
SEC. 2. SECTION 1. Section 830.7 of
the Penal Code is amended to read:
830.7. The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 during the course and within the scope of their
employment, if they successfully complete a course in the exercise of
those powers pursuant to Section 832:
(a) Persons designated by a cemetery authority pursuant to Section
8325 of the Health and Safety Code.
(b) Persons regularly employed as security officers for
independent institutions of higher education, recognized under
subdivision (b) of Section 66010 of the Education Code, 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.
(c) Persons regularly employed as security officers for health
facilities, as defined in Section 1250 of the Health and Safety Code,
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 that duty is set
forth in Section 4156 of the Public Resources Code.
(e) Persons regularly employed as inspectors, supervisors, or
security officers for transit districts, as defined in Section 99213
of the Public Utilities Code, 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. For the purposes of this subdivision,
the exercise of peace officer authority may include the authority to
remove a vehicle from a railroad right-of-way as set forth in
Section 22656 of the Vehicle Code.
(f) Nonpeace officers regularly employed as county parole officers
pursuant to Section 3089.
(g) Persons appointed by the Executive Director of the California
Science Center pursuant to Section 4108 of the Food and Agricultural
Code.
(h) Persons regularly employed as investigators 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. For the purposes of this subdivision,
"investigator" means an employee defined in Section 53075.61 of the
Government Code authorized by local ordinance to enforce laws related
to public transportation. Transportation investigators authorized by
this section shall not be deemed "peace officers" for purposes of
Sections 241 and 243.
(i) Persons regularly employed by any department of the City of
Los Angeles who are designated as security officers and authorized by
local ordinance to enforce laws related to the preservation of peace
in or about the properties owned, controlled, operated, or
administered by any department of the City of Los Angeles and
authorized by a memorandum of understanding with the Chief of Police
of the City of Los Angeles permitting the exercise of that authority.
Security officers authorized pursuant to this subdivision shall not
be deemed peace officers for purposes of Sections 241 and 243.
(j) Code enforcement officers, to the extent necessary to
enforce laws related to illegal waste dumping
or littering, and authorized by a memorandum of understanding
with, as applicable, the sheriff or chief of police within whose
jurisdiction the person is employed, permitting the exercise of that
authority. A "code enforcement officer" refers to
is defined , for purposes of this section, as a
person employed full time, part time, or as a volunteer after
completing training prescribed by law, by a city, county, or city and
county, whose duties include illegal dumping enforcement and
who is designated by local ordinance as a public officer
and who performs the duties described in Section 829.5
. A code enforcement officer may also be a person
who is not regularly employed by a city, county, or city and
county, but who has met all training requirements and is directly
supervised by a regularly employed code enforcement officer
conducting illegal dumping enforcement . This person
shall not have the power of arrest or access to summary criminal
history information pursuant to this section. No person may be
appointed as a code enforcement officer if that person is
disqualified pursuant to the criteria set forth in Section 1029 of
the Government Code. Persons regularly employed by a city, county, or
city and county designated pursuant to this subdivision may be
furnished state summary criminal history information upon a showing
of compelling need pursuant to subdivision (c) of Section 11105.