BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1067
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                                           SB 1067 (La Malfa) - As 
          Amended:  May 1, 2012

          Policy Committee:                             Public 
          SafetyVote:6-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill authorizes the police departments of the cities of 
          Tulelake, California and Malin, Oregon, to enter into a mutual 
          aid agreement. Before the effective date of an agreement, the 
          agreement must be reviewed and approved by the California 
          Highway Patrol (CHP).  

           FISCAL EFFECT  

          1)Unknown, likely minor nonreimbursable net local law 
            enforcement costs to receive and provide mutual aid 
            assistance. 

          2)Minor absorbable state costs for CHP to review a proposed 
            mutual aid agreement.

          3)Absent an approved agreement, potential state and local fiscal 
            and policy issues involving liability and reimbursement cannot 
            be determined. It is unlikely the CHP would approve an 
            agreement exposing the state or the city of Tulelake to 
            significant liability or reimbursement exposure, and CHP has 
            reviewed and expressed no concerns with the proposal.  

           COMMENTS  

           1)Rationale  . The author contends the remote location of Tulelake 
            (population 1,010, on the California-Oregon border, midway 
            between the Pacific and Nevada) merits a unique mutual aid 
            agreement with Malin (population 870, a fellow rural border 
            city in Oregon), rather than routing assistance requests 








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            through the CHP.    

            According to the Tulelake Police Chief, "This issue has 
            been raised in connection with our ongoing Hispanic gang 
            problems that we have been dealing with for the last 15 
            years.  Our local gang population is very mobile in their 
            activities, freely crossing state and county lines.

            "The problem has become more significant over the last 
            several years due to budget issues that have severely 
            hampered each agency's ability to address the growing 
            problem. We are dependent on our allied agencies to 
            provide the cover to handle these calls. As in most 
            jurisdictions, our gang calls involve multiple people and 
            increasing levels of violence.  Even with our current 
            situation, we are lucky to have three officers present on 
            calls involving up to twenty opposing gang members. The 
            ability to have a cover officer on these calls cannot be 
            overstated. Due to the decreased staffing levels of both 
            Modoc and Siskiyou County Sheriff's offices, our small 
            agency has had to rely on the neighboring police 
            department in Merrill and Malin Oregon for cover so that 
            these calls can be handled a safely as possible."

          2)Current Law  . 

             a)   Authorizes CHP to enter into agreements with law 
               enforcement entities in Oregon, Nevada and Arizona to 
               provide law enforcement services to border areas, as 
               specified. Such agreements must be in writing and must 
               specify departments, duration and purpose, the 
               responsibility for damages, and financing.  

             b)   Allows law enforcement officers of the Oregon State 
               Police, the Nevada Department of Motor Vehicles and Public 
               Safety, or the Arizona Department of Public Safety to act 
               as a peace officer in California under specified 
               conditions, including:   

               i)     The officer is providing law enforcement services 
                 within a distance of up to 50 statute miles of the 
                 contiguous border of this state and the state employing 
                 the officer. 

               ii)    The officer is providing law enforcement services in 








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                 response to a request for services initiated by the CHP 
                 or 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 CHP is 
                 impractical under the circumstances.



           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081