BILL NUMBER: SB 1254	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator La Malfa

                        FEBRUARY 23, 2012

   An act to amend Section  26608   830.1 
of the  Government Code    Penal Code  ,
relating to  local government   peace officers
 .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1254, as amended, La Malfa.  Counties: sheriff.
  Peace officers: deputy sheriffs.  
   Existing law establishes categories of peace officers with varying
powers and authority to make arrests and carry firearms. Under
existing law, in certain counties, any deputy sheriff, who is
employed to perform duties exclusively or initially relating to
custodial assignments with responsibilities for maintaining the
operations of county custodial facilities, is a peace officer whose
authority extends to any place in the state only while engaged in the
performance of the duties of his or her employment and for the
purpose of carrying out the primary functions of employment relating
to his or her custodial assignments, or when performing other law
enforcement duties directed by his or her employing agency during a
local state of emergency.  
   This bill would include deputy sheriffs in the counties of Trinity
and Yuba within that definition of peace officers, as specified.
 
   Existing law requires the sheriff of a county to serve all process
and notices in the manner prescribed by law.  
   This bill would make a technical, nonsubstantive change to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 830.1 of the   Penal
Code   is amended to read: 
   830.1.  (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief executive officer of a consolidated
municipal public safety agency that performs police functions, any
police officer, employed in that capacity and appointed by the chief
of police or chief, director, or chief executive of a public safety
agency, of a city, any chief of police, or police officer of a
district, including police officers of the San Diego Unified Port
District Harbor Police, authorized by statute to maintain a police
department, any marshal or deputy marshal of a superior court or
county, any port warden or port police officer of the Harbor
Department of the City of Los Angeles, or any inspector or
investigator employed in that capacity in the office of a district
attorney, is a peace officer. The authority of these peace officers
extends to any place in the state, as follows:
   (1) As to any public offense committed or which there is probable
cause to believe has been committed within the political subdivision
that employs the peace officer or in which the peace officer serves.
   (2) Where the peace officer has the prior consent of the chief of
police or chief, director, or chief executive officer of a
consolidated municipal public safety agency, or person authorized by
him or her to give consent, if the place is within a city, or of the
sheriff, or person authorized by him or her to give consent, if the
place is within a county.
   (3) As to any public offense committed or which there is probable
cause to believe has been committed in the peace officer's presence,
and with respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of the offense.
   (b) The Attorney General and special agents and investigators of
the Department of Justice are peace officers, and those assistant
chiefs, deputy chiefs, chiefs, deputy directors, and division
directors designated as peace officers by the Attorney General are
peace officers. The authority of these peace officers extends to any
place in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
   (c) Any deputy sheriff of the County of Los Angeles, and any
deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn,
Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa,
Mendocino, Plumas, Riverside, San Benito, San Diego, San Luis Obispo,
Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma,
Stanislaus, Sutter, Tehama,  Trinity,  Tulare,  and
 Tuolumne  , and Yuba  who is employed to perform
duties exclusively or initially relating to custodial assignments
with responsibilities for maintaining the operations of county
custodial facilities, including the custody, care, supervision,
security, movement, and transportation of inmates, is a peace officer
whose authority extends to any place in the state only while engaged
in the performance of the duties of his or her respective employment
and for the purpose of carrying out the primary function of
employment relating to his or her custodial assignments, or when
performing other law enforcement duties directed by his or her
employing agency during a local state of emergency. 
  SECTION 1.    Section 26608 of the Government Code
is amended to read:
   26608.  The county sheriff shall serve all process and notices in
the manner prescribed by law.