BILL ANALYSIS Ó
AB 801
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 801 (Swanson)
As Amended July 2, 2012
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |67-0 |(January 17, |SENATE: |36-0 |(July 6, 2012) |
| | |2012) | | | |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY : Clarifies the duties of "code enforcement officers" to
include enforcement of laws relating to illegal waste dumping or
littering.
The Senate amendments clarify the duties of code enforcement
officers.
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,
AB 801
Page 2
provided that the primary duty of the employee shall be the
enforcement of the law.
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.
2)Defines "powers of arrest" as the following:
a) Permits arrest pursuant to a warrant.
b) Permits arrest without a warrant under the following
circumstances:
AB 801
Page 3
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.
AS PASSED BY THE ASSEMBLY , this bill substituted 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
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : 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."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0004381
AB 801
Page 4