BILL ANALYSIS Ó
AB 801
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Date of Hearing: January 10, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 801 (Swanson) - As Amended: January 4, 2012
As Proposed to be Amended in Committee
SUMMARY : Substitutes the designation "code enforcement
officer" in place of the designation "illegal dumping
enforcement officer" in the code section that gives specified
persons limited peace officer authority.
EXISTING LAW :
1)Provides that the following persons are not peace officers but
may exercise the powers of arrest of a peace officer during
the course and within the scope of their employment, if they
successfully complete a course in the exercise of those powers
pursuant to Penal Code Section 832:
a) Cemetery guards.
b) Persons regularly employed as security officers for
independent institutions of higher education, 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 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 the Department of Forestry and Fire
Protection, provided that the primary duty of the employee
shall be the enforcement of the law.
AB 801
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e) Persons regularly employed as inspectors, supervisors,
or security officers for transit districts if the district
has concluded a memorandum of understanding permitting the
exercise of that authority.
f) County parole officers.
g) Persons appointed by the Executive Director of the
California Science Center as security staff.
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. Transportation investigators
authorized by this section shall not be deemed "peace
officers."
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.
j) Persons regularly employed as illegal dumping
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. (Penal Code Section 830.7.)
2)Defines "powers of arrest" as the following:
a) Permits arrest pursuant to a warrant.
b) Permits arrest without a warrant under the following
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circumstances:
i) The officer has probable cause to believe that the
person to be arrested has committed a public offense in
the officer's presence.
ii) The person arrested has committed a felony, although
not in the officer's presence.
iii) The officer has probable cause to believe that the
person to be arrested has committed a felony, whether or
not a felony, in fact, has been committed.
iv) The officer has reasonable cause to believe that the
person to be arrested has committed the violation of
carrying a concealed weapon in an airport. (Penal Code
Section 836.)
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "AB 801 amends
Penal Code Section 830.7(j) relating to public officers with
the power of arrest by substituting the phrase 'code
enforcement officer' for 'illegal dumping officers'. Illegal
dumping officer is an arcane phrase that describes a code
enforcement function. It has been replaced in the day to day
operations of local governments with the term code enforcement
officer.
"Beyond the change in appellation to reflect existing realities,
the bill does not make any changes to current law. Code
enforcement plays a major role in assuring the quality of life
in communities across the State."
2)Proposed Amendment : The proposed amendment, which will be
taken in Committee, corrects a drafting error to ensure that
existing law is not substantively affected.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Code Enforcement Officers (Sponsor)
AB 801
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California Police Chiefs Association
California Correctional Supervisors Association
California Narcotics Officers' Association
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744