Amended in Senate September 3, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 128


Introduced by Assembly Member Bradford

January 15, 2013


An act tobegin delete amend Sections 830.1 and 830.33 ofend deletebegin insert add and repeal Section 830.15 ofend insert the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 128, as amended, 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 billbegin insert, if the City of Los Angeles takes the necessary actions to bring the peace officers of Los Angeles World Airports, the Los Angeles Harbor Police, and the Los Angeles Port Police under the jurisdiction and control of the Inspector General of the Los Angeles Police Commission on or before April 1, 2014,end insert 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:

begin delete
P2    1

SECTION 1.  

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

3

830.1.  

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

19(1) As to a public offense committed or which there is probable
20cause to believe has been committed within the political
21subdivision that employs the peace officer or in which the peace
22officer serves.

23(2) Where the peace officer has the prior consent of the chief
24of police or chief, director, or chief executive officer of a
25consolidated municipal public safety agency, or person authorized
26by him or her to give consent, if the place is within a city, or of
27the sheriff, or person authorized by him or her to give consent, if
28the place is within a county.

29(3) As to a public offense committed or which there is probable
30cause to believe has been committed in the peace officer’s presence,
31and with respect to which there is immediate danger to person or
32property, or of the escape of the perpetrator of the offense.

P3    1(b) The Attorney General and special agents and investigators
2of the Department of Justice are peace officers, and those assistant
3chiefs, deputy chiefs, chiefs, deputy directors, and division directors
4designated as peace officers by the Attorney General are peace
5officers. The authority of these peace officers extends to any place
6in the state where a public offense has been committed or where
7there is probable cause to believe one has been committed.

8(c) A deputy sheriff of the County of Los Angeles, and a deputy
9sheriff of the Counties of Butte, Calaveras, Colusa, Glenn,
10Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa,
11Mendocino, Plumas, Riverside, San Benito, San Diego, San Luis
12Obispo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano,
13Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne,
14and Yuba who is employed to perform duties exclusively or
15 initially relating to custodial assignments with responsibilities for
16maintaining the operations of county custodial facilities, including
17the custody, care, supervision, security, movement, and
18transportation of inmates, is a peace officer whose authority extends
19to any place in the state only while engaged in the performance of
20the duties of his or her respective employment and for the purpose
21of carrying out the primary function of employment relating to his
22or her custodial assignments, or when performing other law
23enforcement duties directed by his or her employing agency during
24a local state of emergency.

25(d) For purposes of this chapter, “Los Angeles World Airports”
26means the department of the City of Los Angeles that owns and
27operates the Los Angeles International Airport, the Ontario
28International Airport, the Palmdale Regional Airport, and the Van
29Nuys Airport.

30

SEC. 2.  

Section 830.33 of the Penal Code is amended to read:

31

830.33.  

The following persons are peace officers whose
32authority extends to any place in the state for the purpose of
33performing their primary duty or when making an arrest pursuant
34to Section 836 as to a public offense with respect to which there
35is immediate danger to person or property, or of the escape of the
36perpetrator of that offense, or pursuant to Section 8597 or 8598 of
37the Government Code. Those peace officers may carry firearms
38only if authorized and under terms and conditions specified by
39their employing agency.

P4    1(a) A member of the San Francisco Bay Area Rapid Transit
2District Police Department appointed pursuant to Section 28767.5
3of the Public Utilities Code, if the primary duty of the peace officer
4is the enforcement of the law in or about properties owned,
5operated, or administered by the district or when performing
6necessary duties with respect to patrons, employees, and properties
7of the district.

8(b) Harbor or port police regularly employed and paid in that
9capacity by a county, city, or district other than peace officers
10authorized under Section 830.1, if the primary duty of the peace
11officer is the enforcement of the law in or about the properties
12owned, operated, or administered by the harbor or port or when
13performing necessary duties with respect to patrons, employees,
14and properties of the harbor or port.

15(c) Transit police officers or peace officers of a county, city,
16transit development board, or district, if the primary duty of the
17peace officer is the enforcement of the law in or about properties
18owned, operated, or administered by the employing agency or
19when performing necessary duties with respect to patrons,
20employees, and properties of the employing agency.

21(d) (1) A person regularly employed as an airport law
22enforcement officer by a city, county, or district operating the
23airport or by a joint powers agency, created pursuant to Article 1
24(commencing with Section 6500) of Chapter 5 of Division 7 of
25Title 1 of the Government Code, operating the airport, if the
26primary duty of the peace officer is the enforcement of the law in
27or about properties owned, operated, and administered by the
28employing agency or when performing necessary duties with
29respect to patrons, employees, and properties of the employing
30agency.

31(2) Notwithstanding paragraph (1), a person regularly employed
32as an airport law enforcement officer by the Los Angeles World
33Airports is a peace officer pursuant to the provisions of Section
34830.1.

35(e) (1) A railroad police officer commissioned by the Governor
36 pursuant to Section 8226 of the Public Utilities Code, if the primary
37duty of the peace officer is the enforcement of the law in or about
38properties owned, operated, or administered by the employing
39agency or when performing necessary duties with respect to
40patrons, employees, and properties of the employing agency.

P5    1(2) Notwithstanding any other provision of law, a railroad police
2officer who has met the current requirements of the Commission
3on Peace Officer Standards and Training necessary for exercising
4the powers of a peace officer, and who has been commissioned by
5the Governor as described herein, and the officer’s employing
6agency, may apply for access to information from the California
7Law Enforcement Telecommunications System (CLETS) through
8a local law enforcement agency that has been granted direct access
9to CLETS, provided that, in addition to other review standards and
10conditions of eligibility applied by the Department of Justice, the
11CLETS Advisory Committee, and the Attorney General, before
12access is granted, the following are satisfied:

13(A) The employing agency shall enter into a Release of CLETS
14Information agreement as provided for in the CLETS policies,
15practices, and procedures, and the required background check on
16the peace officer and other pertinent personnel has been completed,
17together with all required training.

18(B) The Release of CLETS Information agreement shall be in
19substantially the same form as prescribed by the CLETS policies,
20practices, and procedures for public agencies of law enforcement
21who subscribe to CLETS services, and shall be subject to the
22provisions of Chapter 2.5 (commencing with Section 15150) of
23 Part 6 of Division 3 of Title 2 of the Government Code and the
24CLETS policies, practices, and procedures.

25(C) (i) The employing agency shall expressly waive any
26objections to jurisdiction in the courts of the State of California
27for a liability arising from use, abuse, or misuse of CLETS access
28or services or the information derived therefrom, or with respect
29to legal actions to enforce provisions of California law relating to
30CLETS access, services, or information under this subdivision,
31and provided that this liability shall be in addition to that imposed
32by Section 8226 of the Public Utilities Code.

33(ii) The employing agency shall further agree to utilize CLETS
34access, services, or information only for law enforcement activities
35by peace officers who have met the current requirements of the
36Commission on Peace Officer Standards and Training necessary
37for exercising the powers of a peace officer, and who have been
38commissioned as described herein who are operating within the
39State of California, where the activities are directly related to
P6    1investigations or arrests arising from conduct occurring within the
2State of California.

3(iii) The employing agency shall further agree to pay to the
4Department of Justice and the providing local law enforcement
5agency all costs related to the provision of access or services,
6 including, but not limited to, any and all hardware, interface
7modules, and costs for telephonic communications, as well as
8administrative costs.

end delete
begin insert9

begin insertSECTION 1.end insert  

Section 830.15 is added to the Penal Code, 10immediately following Section 830.14, to read:

11

begin insert830.15.end insert  

(a) Notwithstanding subdivision (d) of Section 830.33,
12a person regularly employed as an airport law enforcement officer
13by Los Angeles World Airports is a peace officer for purposes of
14Section 830.1 if and when the City of Los Angeles takes the
15necessary actions to bring the peace officers of the Los Angeles
16World Airports, the Los Angeles Harbor Police, and the Los
17Angeles Port Police under the jurisdiction and control of the
18Inspector General of the Los Angeles Police Commission.

19(b) For purposes of this section, “Los Angeles World Airports”
20means the department of the City of Los Angeles that owns and
21operates the Los Angeles International Airport, the Ontario
22International Airport, the Palmdale Regional Airport, and the Van
23Nyes Airport.

24(c) If the City of Los Angeles does not take the necessary actions
25provided in subdivision (a) and the Inspector General of the Los
26Angeles Police Commission does not post that action on its Internet
27Web site on or before April 1, 2014, this section shall become
28inoperative on that date and, as of January 1, 2015, is repealed,
29unless a later enacted statute that is enacted before January 1,
302015, deletes or extends the dates on which this section becomes
31inoperative and is repealed.

end insert
32

begin deleteSEC. 3.end delete
33begin insertSEC. 2.end insert  

The Legislature finds and declares that a special law
34is necessary and that a general law cannot be made applicable
35within the meaning of Section 16 of Article IV of the California
36Constitution because of the unique circumstances facing the City
37of Los Angeles relating to law enforcement at the Los Angeles
38International Airport.



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