BILL NUMBER: AB 801	CHAPTERED
	BILL TEXT

	CHAPTER  298
	FILED WITH SECRETARY OF STATE  SEPTEMBER 13, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 13, 2012
	PASSED THE SENATE  AUGUST 22, 2012
	PASSED THE ASSEMBLY  AUGUST 27, 2012
	AMENDED IN SENATE  AUGUST 20, 2012
	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 Section 830.7 of the Penal Code, relating to law
enforcement officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 801, Swanson. Illegal dumping enforcement officers and 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 additionally authorize a code enforcement officer,
as specified, to exercise the powers of arrest of a peace officer in
the manner described above to the extent necessary to enforce laws
related to illegal waste dumping or littering.


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

  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) Illegal dumping enforcement officers or 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. An "illegal dumping enforcement officer
or code enforcement officer" 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. An illegal
dumping enforcement officer or 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 illegal dumping enforcement
officer or 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 an illegal dumping enforcement officer or
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.