BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 801|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 801
Author: Swanson (D)
Amended: 7/2/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/26/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
ASSEMBLY FLOOR : 67-0, 1/17/12 (Consent) - See last page
for vote
SUBJECT : Code enforcement officers
SOURCE : California Association of Code Enforcement
Officers
DIGEST : This bill amends the code section granting
limited arrest powers to "illegal dumping enforcement
officers" and replaces that term with the term "code
enforcement officer."
ANALYSIS : 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,
CONTINUED
AB 801
Page
2
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 amends subdivision (j) of Penal Code Section
830.7 to read:
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" 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 is
designated by local ordinance as a public officer. 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. 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
CONTINUED
AB 801
Page
3
this subdivision may be furnished state summary criminal
history information upon a showing of compelling need
pursuant to subdivision (c) of Section 11105.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/2/12)
California Association of Code Enforcement Officers
(source)
California Correctional Supervisors Association
California Police Chiefs Association
Laborers' Locals 777 and 792
ARGUMENTS IN SUPPORT : According to the author, "AB 801
updates the Penal Code by replacing the outdated term,
'illegal dumping officer,' with the more appropriate term,
'code enforcement officer.' Local Governments and law
enforcement do not use the term, 'illegal dumping officer'
in their day-to-day operations - they use 'code enforcement
officers.' All Code Enforcement Officers engage in illegal
dumping enforcement, so it makes sense to amend current law
to reflect this reality and use the more generic term."
ASSEMBLY FLOOR : 67-0, 1/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bill
Berryhill, Block, Bonilla, Bradford, Buchanan, Butler,
Charles Calderon, Campos, Carter, Cedillo, Chesbro,
Conway, Cook, Dickinson, Donnelly, Eng, Feuer, Fong,
Fuentes, Beth Gaines, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Jeffries, Jones, Knight, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, Portantino, Silva, Skinner, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Beall, Blumenfield, Brownley, Davis,
Fletcher, Furutani, Galgiani, Gorell, Harkey, Huffman,
Lara, V. Manuel Pérez, Smyth
CONTINUED
AB 801
Page
4
RJG:k 7/3/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED