BILL NUMBER: SB 1067	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator La Malfa
   (Coauthor: Assembly Member Nielsen)

                        FEBRUARY 13, 2012

   An act to amend Section 830.39 of the Penal Code, and to amend
Section 2403.5 of the Vehicle Code, relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1067, as introduced, La Malfa. Peace officers: interstate
cooperation.
   Existing law authorizes any regularly employed law enforcement
officer of the Oregon State Police, the Nevada Department of Motor
Vehicles and Public Safety, or the Arizona Department of Public
Safety to be a peace officer in this state if all of certain
conditions are met, including, but not limited to, the out-of-state
officer is providing law enforcement services in response to a
request for services initiated by a member of the California Highway
Patrol, providing law enforcement services for the purpose of
assisting a member of the California Highway Patrol, as provided, and
a reciprocal operational agreement is in effect between the
Department of the California Highway Patrol and the law enforcement
officer's out-of-state agency.
   This bill would expand the scope of these provisions to include
any regularly employed law enforcement officer within the State of
Oregon, the State of Nevada, or the State of Arizona and a California
peace officer, as defined, and, with regard to the reciprocal
operational agreements, expand the scope of these provisions to
include the head of an authorized California law enforcement agency,
or a designated representative, and authorized representatives of law
enforcement agencies within the State of Oregon, the State of
Nevada, or the State of Arizona. The bill would also make conforming
changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 830.39 of the Penal Code is amended to read:
   830.39.  (a) Any regularly employed law enforcement officer
 of the Oregon State Police, the Nevada Department of Motor
Vehicles and Public Safety, or the Arizona Department of Public
Safety   within the State of Oregon, the State of
Nevada, or the State of Arizona  is a peace officer in this
state if all of the following conditions are met:
   (1) The officer is providing, or attempting to provide, law
enforcement services within this state on the state or county
highways and areas immediately adjacent thereto, within a distance of
up to 50 statute miles of the contiguous border of this state and
the state employing the officer.
   (2) The officer is providing, or attempting to provide, law
enforcement services pursuant to either of the following:
   (A) In response to a request for services initiated by a 
member of the California Highway Patrol   California
peace officer as defined in Section 830.1 or subdivision (a) of
Section 830.2  .
   (B) In response to a reasonable belief that emergency law
enforcement services are necessary for the preservation of life, and
a request for services by a  member of the Department of the
California Highway Patrol   California peace officer, as
defined in Section 830.1 or subdivision (a) of Section 830.2, 
is impractical to obtain under the circumstances. In those
situations, the officer shall obtain authorization as soon as
practical.
   (3) The officer is providing, or attempting to provide, law
enforcement services for the purpose of assisting a  member
of the California Highway Patrol   California peace
officer, as defined in Section 830.1 or subdivision (a) of Section
830.2,  to provide emergency service in response to misdemeanor
or felony criminal activity, pursuant to the authority of a peace
officer as provided in  Section 830.1 or  subdivision (a) of
Section 830.2, or, in the event of highway-related traffic
accidents, emergency incidents or other similar public safety
problems, whether or not a  member of the California Highway
Patrol   California peace officer, as defined in Section
830.1 or subdivision (a) of Section 830.2,  is present at the
scene of the event. Nothing in this section shall be construed to
confer upon the officer the authority to enforce traffic or motor
vehicle infractions.
   (4) An agreement pursuant to Section 2403.5 of the Vehicle Code is
in effect between  the Department of the California Highway
Patrol   a California law enforcement agency employing
California peace officers, as defined in Section 830.1 or subdivision
(a) of Section 830.2,  and the agency of the adjoining state
employing the officer, the officer acts in accordance with that
agreement, and the agreement specifies that the officer and employing
agency of the adjoining state shall be subject to the same civil
immunities and liabilities as a peace officer and his or her
employing agency in this state.
   (5) The officer receives no separate compensation from this state
for providing law enforcement services within this state.
   (6) The adjoining state employing the officer confers similar
rights and authority upon a  member of the California Highway
Patrol   California peace officer, as defined in
Section 830.1 or subdivision (a) of Section 830.2,  who renders
assistance within that state.
   (b) Whenever, pursuant to Nevada law, a Nevada correctional
officer is working or supervising Nevada inmates who are performing
conservation-related projects or fire suppression duties within
California, the correctional officer may maintain custody of the
inmates in California, and retake any inmate who should escape in
California, to the same extent as if the correctional officer were a
peace officer in this state and the inmate had been committed to his
or her custody in proceedings under California law.
   (c) Notwithstanding any other provision of law, any person who is
acting as a peace officer in this state in the manner described in
this section shall be deemed to have met the requirements of Section
1031 of the Government Code and the selection and training standards
of the Commission on Peace Officer Standards and Training if the
officer has completed the basic training required for peace officers
in his or her state.
   (d)  In no case shall a   A  peace
officer of an adjoining state shall not  be authorized to
provide services within a California jurisdiction during any period
in which the regular law enforcement agency of the jurisdiction is
involved in a labor dispute.
  SEC. 2.  Section 2403.5 of the Vehicle Code is amended to read:
   2403.5.  The  commissioner,   head of an
authorized California law enforcement agency,  or a designated
representative, may enter into reciprocal operational agreements with
authorized representatives of  the Oregon State Police, the
Nevada Department of Motor Vehicles and Public Safety, and the
Arizona Department of Public Safety   law enforcement
agencies within the State of Oregon, the State of Nevada, or the
State of Arizona  to promote expeditious and effective law
enforcement  sevice   service  to the
public, and assistance between  the members of the California
Highway Patrol   California peace officers, as defined
in Section 830.1 or subdivision (a) of Section 830.2,  and those
agencies, in areas adjacent to the borders of this state and each of
the adjoining states pursuant to Section  830.32 
 830.39  of the Penal Code. The reciprocal operational
agreement shall be in writing and may cover the reciprocal 
exhange   exchange  of law enforcement services,
resources, facilities and any other necessary and proper matters
between the  Department of the California Highway Patrol
  authorized California law enforcement agency  and
the respective agency. Any agreement shall specify the involved
departments, divisions, or units of the agencies, the duration and
purpose of the agreement, the responsibility for damages, the method
of financing any joint or cooperative undertaking, and the methods to
be employed to terminate an agreement. The  commissioner
  head of the California law enforcement agency 
may establish operational procedures in implementation of any
reciprocal operational agreement that are necessary to achieve the
purposes of the agreement.
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