California Legislature—2013–14 Regular Session

Assembly BillNo. 128


Introduced by Assembly Member Bradford

January 15, 2013


An act to amend Sections 830.1 and 830.33 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 128, as introduced, Bradford. Peace officers: airport law enforcement.

Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Existing law provides that a person who is employed as an airport law enforcement officer is a peace officer whose authority extends to any place in the state for the purpose of enforcing the law in or about the properties owned, operated, and administered by the peace officer’s employing agency or when making an arrest if there is immediate danger to a person or property, or of an escape of the perpetrator of an offense. Existing law authorizes this category of peace officer to carry a firearm.

This bill would place an airport law enforcement officer regularly employed by Los Angeles World Airports, as defined, within a different category of peace officers whose authority extends to any place in the state without the above restrictions as to arrest powers and with the authority to carry specified firearms.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles, relating to law enforcement at the Los Angeles International Airport.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 830.1 of the Penal Code is amended to
2read:

3

830.1.  

(a) begin deleteAny end deletebegin insertAend insertbegin insert end insertsheriff, undersheriff, or deputy sheriff,
4employed in that capacity, of a county,begin delete anyend deletebegin insert aend insert chief of police of a
5city or chief, director, or chief executive officer of a consolidated
6municipal public safety agency that performs police functions,begin delete anyend delete
7begin insert aend insert police officer, employed in that capacity and appointed by the
8chief of police or chief, director, or chief executive of a public
9safety agency, of a city,begin delete anyend deletebegin insert aend insert chief of police, or police officer of
10a district, including police officers of the San Diego Unified Port
11District Harbor Police, authorized by statute to maintain a police
12department,begin delete anyend deletebegin insert aend insert marshal or deputy marshal of a superior court
13or county,begin delete anyend deletebegin insert aend insert port warden or port police officer of the Harbor
14Department of the City of Los Angeles,begin delete or anyend deletebegin insert a person regularly
15employed as an airport law enforcement officer by Los Angeles
16 World Airports, or anend insert
inspector or investigator employed in that
17capacity in the office of a district attorney, is a peace officer. The
18authority of these peace officers extends to any place in the state,
19as follows:

20(1) As tobegin delete anyend deletebegin insert aend insert public offense committed or which there is
21probable cause to believe has been committed within the political
22subdivision that employs the peace officer or in which the peace
23officer serves.

24(2) Where the peace officer has the prior consent of the chief
25of police or chief, director, or chief executive officer of a
26consolidated municipal public safety agency, or person authorized
27by him or her to give consent, if the place is within a city, or of
28the sheriff, or person authorized by him or her to give consent, if
29the place is within a county.

30(3) As tobegin delete anyend deletebegin insert aend insert public offense committed or which there is
31probable cause to believe has been committed in the peace officer’s
32presence, and with respect to which there is immediate danger to
33person or property, or of the escape of the perpetrator of the
34offense.

35(b) The Attorney General and special agents and investigators
36of the Department of Justice are peace officers, and those assistant
37chiefs, deputy chiefs, chiefs, deputy directors, and division directors
38designated as peace officers by the Attorney General are peace
P3    1officers. The authority of these peace officers extends to any place
2in the state where a public offense has been committed or where
3there is probable cause to believe one has been committed.

4(c) begin deleteAny end deletebegin insertA end insertdeputy sheriff of the County of Los Angeles, andbegin delete anyend delete
5begin insert aend insert deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn,
6Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa,
7Mendocino, Plumas, Riverside, San Benito, San Diego, San Luis
8Obispo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano,
9Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne,
10and Yuba who is employed to perform duties exclusively or
11 initially relating to custodial assignments with responsibilities for
12maintaining the operations of county custodial facilities, including
13the custody, care, supervision, security, movement, and
14transportation of inmates, is a peace officer whose authority extends
15to any place in the state only while engaged in the performance of
16the duties of his or her respective employment and for the purpose
17of carrying out the primary function of employment relating to his
18or her custodial assignments, or when performing other law
19enforcement duties directed by his or her employing agency during
20a local state of emergency.

begin insert

21(d) For purposes of this chapter, “Los Angeles World Airports”
22means the department of the City of Los Angeles that owns and
23operates the Los Angeles International Airport, the Ontario
24International Airport, the Palmdale Regional Airport, and the Van
25Nuys Airport.

end insert
26

SEC. 2.  

Section 830.33 of the Penal Code is amended to read:

27

830.33.  

The following persons are peace officers whose
28authority extends to any place in the state for the purpose of
29performing their primary duty or when making an arrest pursuant
30to Section 836 as tobegin delete anyend deletebegin insert aend insert public offense with respect to which
31there is immediate danger to person or property, or of the escape
32of the perpetrator of that offense, or pursuant to Section 8597 or
338598 of the Government Code. Those peace officers may carry
34firearms only if authorized and under terms and conditions
35specified by their employing agency.

36(a) A member of the San Francisco Bay Area Rapid Transit
37District Police Department appointed pursuant to Section 28767.5
38of the Public Utilities Code, if the primary duty of the peace officer
39is the enforcement of the law in or about properties owned,
40operated, or administered by the district or when performing
P4    1necessary duties with respect to patrons, employees, and properties
2of the district.

3(b) Harbor or port police regularly employed and paid in that
4capacity by a county, city, or district other than peace officers
5authorized under Section 830.1, if the primary duty of the peace
6officer is the enforcement of the law in or about the properties
7owned, operated, or administered by the harbor or port or when
8performing necessary duties with respect to patrons, employees,
9and properties of the harbor or port.

10(c) Transit police officers or peace officers of a county, city,
11transit development board, or district, if the primary duty of the
12peace officer is the enforcement of the law in or about properties
13owned, operated, or administered by the employing agency or
14when performing necessary duties with respect to patrons,
15employees, and properties of the employing agency.

16(d) begin deleteAnyend deletebegin insert(1)end insertbegin insertend insertbegin insertAend insert person regularly employed as an airport law
17enforcement officer by a city, county, or district operating the
18airport or by a joint powers agency, created pursuant to Article 1
19(commencing with Section 6500) of Chapter 5 of Division 7 of
20Title 1 of the Government Code, operating the airport, if the
21primary duty of the peace officer is the enforcement of the law in
22or about properties owned, operated, and administered by the
23employing agency or when performing necessary duties with
24respect to patrons, employees, and properties of the employing
25agency.

begin insert

26(2) Notwithstanding paragraph (1), a person regularly employed
27as an airport law enforcement officer by the Los Angeles World
28Airports is a peace officer pursuant to the provisions of Section
29830.1.

end insert

30(e) (1) begin deleteAny end deletebegin insertAend insertbegin insert end insertrailroad police officer commissioned by the
31Governor pursuant to Section 8226 of the Public Utilities Code,
32if the primary duty of the peace officer is the enforcement of the
33law in or about properties owned, operated, or administered by the
34employing agency or when performing necessary duties with
35respect to patrons, employees, and properties of the employing
36agency.

37(2) Notwithstanding any other provision of law, a railroad police
38officer who has met the current requirements of the Commission
39on Peace Officer Standards and Training necessary for exercising
40the powers of a peace officer, and who has been commissioned by
P5    1the Governor as described herein, and the officer’s employing
2agency, may apply for access to information from the California
3Law Enforcement Telecommunications System (CLETS) through
4a local law enforcement agency that has been granted direct access
5to CLETS, provided that, in addition to other review standards and
6conditions of eligibility applied by the Department of Justice, the
7CLETS Advisory Committeebegin insert,end insert and the Attorney General, before
8access is grantedbegin insert,end insert the following are satisfied:

9(A) The employing agency shall enter into a Release of CLETS
10Information agreement as provided for in the CLETS policies,
11practices, and procedures, and the required background check on
12the peace officer and other pertinent personnel has been completed,
13together with all required training.

14(B) The Release of CLETS Information agreement shall be in
15substantially the same form as prescribed by the CLETS policies,
16practices, and procedures for public agencies of law enforcement
17who subscribe to CLETS services, and shall be subject to the
18provisions of Chapter 2.5 (commencing with Section 15150) of
19begin delete Title 2end deletebegin insert Part 6end insert of Division 3begin insert of Title 2end insert of the Government Code and
20the CLETS policies, practices, and procedures.

21(C) (i) The employing agency shall expressly waive any
22objections to jurisdiction in the courts of the State of California
23forbegin delete anyend deletebegin insert aend insert liability arising from use, abuse, or misuse of CLETS
24access or services or the information derived therefrom, or with
25respect tobegin delete anyend delete legal actions to enforce provisions of California law
26relating to CLETS access, services, or information under this
27subdivision, and provided that this liability shall be in addition to
28that imposed bybegin delete Public Utilities Codeend delete Section 8226begin insert of the Public
29Utilities Codeend insert
.

30(ii) The employing agency shall further agree to utilize CLETS
31access, services, or information only for law enforcement activities
32by peace officers who have met the current requirements of the
33Commission on Peace Officer Standards and Training necessary
34for exercising the powers of a peace officer, and who have been
35commissioned as described herein who are operating within the
36State of California, where the activities are directly related to
37investigations or arrests arising from conduct occurring within the
38State of California.

39(iii) The employing agency shall further agree to pay to the
40Department of Justice and the providing local law enforcement
P6    1agency all costs related to the provision of access or services,
2 including, but not limited to, any and all hardware, interface
3modules, and costs for telephonic communications, as well as
4administrative costs.

5

SEC. 3.  

The Legislature finds and declares that a special law
6is necessary and that a general law cannot be made applicable
7within the meaning of Section 16 of Article IV of the California
8Constitution because of the unique circumstances facing the City
9of Los Angeles relating to law enforcement at the Los Angeles
10International Airport.



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