BILL ANALYSIS                                                                                                                                                                                                    Ó



                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              
          S
                             2011-2012 Regular Session               
          B

                                                                     
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          SB 1466 (De León)                                          
          6
          As Amended August 27, 2012 
          Hearing date: In accordance with SR 29.10(d)
          Penal Code
          SM:dl



                                  PEACE OFFICERS
                                         


                                    COMMENTS


          Please see the attached Senate Floor analysis.  This bill 
          is before the Committee pursuant to Senate Rule 29.10.  The 
          Committee, by a majority vote of the membership, may:

             1.   hold the bill; or
             2.   return the bill to the Senate Floor for 
               consideration of the bill as amended in the Assembly.




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          |SENATE RULES COMMITTEE            |                  SB 1466|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
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                              UNFINISHED BUSINESS


          Bill No:  SB 1466
          Author:   De León (D)
          Amended:  8/27/12
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Peace officers:  City of Los Angeles

           SOURCE  :     City of Los Angeles


           DIGEST  :    This bill transfers control over the 
          authorization of peace officer status for officers employed 
          by the Department of General Services (GSD) of the City of 
          Los Angeles from GSD to the Los Angeles Police Department 
          (LAPD). 

           Assembly Amendments  delete the Senate version of the bill 
          relating to the Cal Grant Program, and instead add the 
          current language.

           ANALYSIS  :    

          Existing law: 

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          1. Provides that an officer of GSD is a peace officer if he 
             or she is designated by the general manager of the 
             department and his or her primary duty is the 
             enforcement of the law in or about properties owned, 
             operated, or administered by the department or when 
             performing necessary duties with respect to patrons, 
             employees, and properties of the department. 

          2. Requires, for a peace officer designated pursuant to 
             existing law and authorized to carry firearms by GSD, 
             the completion of an introductory course of firearm 
             training and requalification for the use of firearms 
             every six months. 

          3. Prohibits authorization for a peace officer designated 
             pursuant to existing law and authorized to carry 
             firearms by GSD to carry a firearm when he or she is not 
             on duty. 

          4. Provides that the following persons are peace officers, 
             who may carry firearms only if authorized and under 
             terms and conditions specified by their employing 
             agency, whose authority extends to any place in 
             California for the purpose of performing their primary 
             duty, or when making an arrest for a public offense 
             where there is immediate danger to a person or property 
             or to prevent the perpetrator's escape, as specified, or 
             during a state of emergency, as specified: 

             A.    A police officer of the County of Los Angeles, if 
                the primary duty of the officer is the enforcement of 
                the law in or about properties owned, operated, or 
                administered by his/her employing agency or when 
                performing necessary duties with respect to patrons, 
                employees, and properties of his/her employing 
                agency; 

             B.    A person designated by a local agency as a park 
                ranger and regularly employed and paid in that 
                capacity, if the primary duty of the officer is the 
                protection of park and other property of the agency 
                and the preservation of the peace therein; and

             C.    A housing authority patrol officer employed by the 
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                housing authority of a city, district, county, or 
                city and county or employed by the police department 
                of a city and county, if the primary duty of the 
                officer is the enforcement of the law in or about 
                properties owned, operated, or administered by 
                his/her employing agency or when performing necessary 
                duties with respect to patrons, employees, and 
                properties of his/her employing agency. 

          This bill:

          1. Revises the authorization of peace officer status for 
             individuals employed by GSD to require transfer to LAPD 
             and designation by the Chief of Police of LAPD, or 
             his/her designee, instead of the general manager of GSD. 


          2. Specifies that GSD peace officers may be authorized to 
             carry firearms by LAPD, instead of GSD. 

          3. Defines "properties", as they relate to the City of Los 
             Angeles and the necessary duties of peace officers 
             transferred from GSD to LAPD, to mean "city offices, 
             city buildings, facilities, parks, yards, and 
             warehouses." 

           Comments  

          In 1979, GSD established within it a Security Services 
          Division to provide security and basic law enforcement 
          services to City-owned and managed properties.  In 1987, 
          the Los Angeles City Council authorized select security 
          officers to become unarmed peace officers with arrest 
          powers to enforce crimes that were occurring at the various 
          City yards, warehouses and facilities. 

          In 1998, the City Council approved the creation of a GSD 
          police force with fully trained, accredited and armed peace 
          officers.  By 2005, the City Council had expanded the GSD 
          police role by combining several City security sections and 
          patrol operations in the newly-created Office of Public 
          Safety (OPS), under GSD.  State statute specifies that the 
          primary duty of OPS peace officers is law enforcement in or 
          about property owned or operated by GSD, and places certain 
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          restrictions on those officers' ability to carry firearms. 

          97 sworn and roughly 300 civilian OPS employees are 
          responsible for the safety and security of municipal 
          facilities including the Civic Center, the L.A. Zoo, the 
          Convention Center, Bureau of Sanitation plants, over 70 
          Libraries and 400 City Parks. 

          On May 21, 2012, the Los Angeles City Council formally 
          adopted a recommendation from the Office of the City 
          Administrative Officer (CAO) to consolidate OPS into LAPD 
          to save money in the City's 2012-13 budget, effective July 
          1, 2012. The CAO's recommendation that the City Council 
          approve the consolidation plan was based on "the need to 
          increase service levels through operational efficiencies, 
          enhance the professionalism and accountability of security 
          services, and provide General Fund savings." Concurrently, 
          LAPD created the Security Services Division (SECSD) within 
          its own Office of Special Operations in expectation of the 
          transfer.  All civilian employees of OPS were transferred 
          to SECSD on July 1, 2012.  LAPD plans to absorb the 
          responsibilities of 37 GSD sworn officers currently 
          assigned to patrol duties into the existing patrol function 
          of LAPD. The remaining 60 sworn OPS personnel will remain 
          on the GSD payroll until their statutory authorization has 
          been amended to allow them to maintain their peace officer 
          status while employed by LAPD, at which time they will also 
          be transferred to SECSD. 
















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          According to an August 20, 2012 memorandum from the CAO, 
          all OPS employees will retain their existing job 
          classifications and pension plans. The bill does not change 
          the peace officers' authority to carry firearms. 

          The August 2012 CAO memorandum also states that the 
          consolidation is expected to result in savings of $2.23 
          million to the City's General Fund in FY 2012-13 due to the 
          elimination of one police academy class of 40 officers.  
          The on-going General Fund savings are estimated to be at 
          least $2 million per year thereafter.  The City also 
          expects to realize additional equipment savings from the 
          reduced GSD sworn officer deployment level. 

          The Commission on Peace Officer Standards and Training 
          (POST) was established by the Legislature in 1959 to set 
          minimum selection and training standards for California law 
          enforcement.  POST also frequently conducts feasibility 
          studies when a change of peace officer designation is 
          requested. Penal Code Section 13540 requires that peace 
          officers desiring a change in peace officer designation or 
          status to request the Commission to undertake a study to 
          assess the need for a change in designation or status.  The 
          Commission may charge any person, agency, or organization 
          requesting a study, a fee, not to exceed the actual cost of 
          undertaking the study. 

          The City of Los Angeles has not requested a POST study in 
          relation to the proposed personnel transfer from GSD to 
          LAPD. 

           Related and Prior Legislation

           AB 1763 (Davis, 2012) contains language similar in effect 
          to this bill.  The bill is currently pending in the Senate 
          Rules Committee. 

          AB 2137 (Bradford, 2012) would have extended the authority 
          of Los Angeles World Airports peace officers to reach any 
          place within California without restrictions on their 
          arrest powers and authority to carry firearms. The bill was 
          held under submission in the Assembly Appropriations 
          Committee. 

          AB 1377 (Butler, 2011) was virtually identical to AB 2137, 
          and was held under submission in the Assembly 
          Appropriations Committee. 

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          AB 1882 (Frommer, 2006) was virtually identical to AB 2137 
          and was held in the Senate Public Safety Committee at the 
          author's request. 

          AB 1308 (Cardenas), Chapter 446, Statutes of 1997, 
          authorized the peace officers of GSD to carry firearms, as 
          permitted by GSD. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  8/30/12)

          City of Los Angeles (source)
          Los Angeles Police Protective League


          JJA:m  8/30/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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