BILL NUMBER: AB 128 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 830.1 of the Penal Code is amended to read:
830.1. (a) Any A
sheriff, undersheriff, or deputy sheriff, employed in that capacity,
of a county, any a 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 a 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 a 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 a
marshal or deputy marshal of a superior court or county, any
a port warden or port police officer of the
Harbor Department of the City of Los Angeles, or any
a person regularly employed as an airport law
enforcement officer by Los Angeles World Airports, or an
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 a 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 a 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 A deputy sheriff of the
County of Los Angeles, and any a 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, 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.
(d) For purposes of this chapter, "Los Angeles World Airports"
means the department of the City of Los Angeles that owns and
operates the Los Angeles International Airport, the Ontario
International Airport, the Palmdale Regional Airport, and the Van
Nuys Airport.
SEC. 2. Section 830.33 of the Penal Code is amended to read:
830.33. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any a public offense with respect to
which there is immediate danger to person or property, or of the
escape of the perpetrator of that offense, or pursuant to Section
8597 or 8598 of the Government Code. Those peace officers may carry
firearms only if authorized and under terms and conditions specified
by their employing agency.
(a) A member of the San Francisco Bay Area Rapid Transit District
Police Department appointed pursuant to Section 28767.5 of the Public
Utilities Code, if the primary duty of the peace officer is the
enforcement of the law in or about properties owned, operated, or
administered by the district or when performing necessary duties with
respect to patrons, employees, and properties of the district.
(b) Harbor or port police regularly employed and paid in that
capacity by a county, city, or district other than peace officers
authorized under Section 830.1, if the primary duty of the peace
officer is the enforcement of the law in or about the properties
owned, operated, or administered by the harbor or port or when
performing necessary duties with respect to patrons, employees, and
properties of the harbor or port.
(c) Transit police officers or peace officers of a county, city,
transit development board, or district, if the primary duty of the
peace officer is the enforcement of the law in or about properties
owned, operated, or administered by the employing agency or when
performing necessary duties with respect to patrons, employees, and
properties of the employing agency.
(d) Any (1) A
person regularly employed as an airport law enforcement officer by a
city, county, or district operating the airport or by a joint powers
agency, created pursuant to Article 1 (commencing with Section 6500)
of Chapter 5 of Division 7 of Title 1 of the Government Code,
operating the airport, if the primary duty of the peace officer is
the enforcement of the law in or about properties owned, operated,
and administered by the employing agency or when performing necessary
duties with respect to patrons, employees, and properties of the
employing agency.
(2) Notwithstanding paragraph (1), a person regularly employed as
an airport law enforcement officer by the Los Angeles World Airports
is a peace officer pursuant to the provisions of Section 830.1.
(e) (1) Any A railroad
police officer commissioned by the Governor pursuant to Section 8226
of the Public Utilities Code, if the primary duty of the peace
officer is the enforcement of the law in or about properties owned,
operated, or administered by the employing agency or when performing
necessary duties with respect to patrons, employees, and properties
of the employing agency.
(2) Notwithstanding any other provision of law, a railroad police
officer who has met the current requirements of the Commission on
Peace Officer Standards and Training necessary for exercising the
powers of a peace officer, and who has been commissioned by the
Governor as described herein, and the officer's employing agency, may
apply for access to information from the California Law Enforcement
Telecommunications System (CLETS) through a local law enforcement
agency that has been granted direct access to CLETS, provided that,
in addition to other review standards and conditions of eligibility
applied by the Department of Justice, the CLETS Advisory Committee
, and the Attorney General, before access is granted
, the following are satisfied:
(A) The employing agency shall enter into a Release of CLETS
Information agreement as provided for in the CLETS policies,
practices, and procedures, and the required background check on the
peace officer and other pertinent personnel has been completed,
together with all required training.
(B) The Release of CLETS Information agreement shall be in
substantially the same form as prescribed by the CLETS policies,
practices, and procedures for public agencies of law enforcement who
subscribe to CLETS services, and shall be subject to the provisions
of Chapter 2.5 (commencing with Section 15150) of Title 2
Part 6 of Division 3 of Title 2 of
the Government Code and the CLETS policies, practices, and
procedures.
(C) (i) The employing agency shall expressly waive any objections
to jurisdiction in the courts of the State of California for
any a liability arising from use, abuse, or
misuse of CLETS access or services or the information derived
therefrom, or with respect to any legal actions to
enforce provisions of California law relating to CLETS access,
services, or information under this subdivision, and provided that
this liability shall be in addition to that imposed by
Public Utilities Code Section 8226 of the Public
Utilities Code .
(ii) The employing agency shall further agree to utilize CLETS
access, services, or information only for law enforcement activities
by peace officers who have met the current requirements of the
Commission on Peace Officer Standards and Training necessary for
exercising the powers of a peace officer, and who have been
commissioned as described herein who are operating within the State
of California, where the activities are directly related to
investigations or arrests arising from conduct occurring within the
State of California.
(iii) The employing agency shall further agree to pay to the
Department of Justice and the providing local law enforcement agency
all costs related to the provision of access or services, including,
but not limited to, any and all hardware, interface modules, and
costs for telephonic communications, as well as administrative costs.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances facing the City of Los Angeles
relating to law enforcement at the Los Angeles International Airport.