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: 8/20/12 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 : Illegal dumping enforcement or 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 code enforcement officers, as defined.
Senate Floor Amendments of 8/20/12 include the term illegal
dumping officers" to describe those people empowered to
make arrests for illegal dumping.
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
CONTINUED
AB 801
Page
2
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 amends subdivision (j) of Penal Code Section
830.7 to read:
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. Illegal dumping enforcement
officer or code enforcement officer are 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. 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
CONTINUED
AB 801
Page
3
shall not have the power of arrest or access to summary
criminal history information. 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 of the
Penal Code.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/21/12)
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,
CONTINUED
AB 801
Page
4
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
RJG:k 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED