BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 128
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          Date of Hearing:   March 12, 2013
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                 AB 128 (Bradford) - As Introduced:  January 15, 2013


           SUMMARY  :   Makes airport law enforcement officer regularly  
          employed by the Los Angeles World Airports (LAWA) peace officers  
          whose authority extends to any place in California without  
          restrictions on the powers of arrest or authority to carry  
          specified firearms.   Specifically,  this bill  :  

             1)   Makes airport law enforcement officers regularly  
               employed by LAWA peace officers whose authority extends to  
               any place in California as follows:

             a)   As to 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.

             b)   Where a peace officer has prior consent of the chief of  
               police or chief, director or chief executive officer of a  
               consolidated municipal public safety agency, or person  
               authorized to give consent, if the place is within a city,  
               or of the sheriff, or person authorized to give consent, if  
               the place is within a county.

             c)   As to 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.

          2)Defines "LAWA" as 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.
            
           EXISTING LAW  : 









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             1)   Provides that the following are peace offices, 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)   Members of the San Francisco Bay Area Rapid Transit  
               District Police Department if their primary duty is  
               enforcement of the law in or about property owned, operated  
               or  administered by the district or when performing a  
               necessary duty with respect to patrons, employees and  
               properties of the district. 

             b)   Harbor or port police if their primary duty is  
               enforcement of law in or about property owned, operated or  
               administered by harbor or port or when performing a  
               necessary duty with respect to patrons, employees and  
               properties of the harbor or port. 

             c)   Transit police officers or peace offices of a county,  
               city, transit development board or district if the primary  
               duty is the enforcement of the law in or abut property  
               owned, operated or administered by the employing agency or  
               when performing a necessary duty with respect to patrons,  
               employees and properties of the employing agency.

             d)   Persons employed as airport law enforcement officers by  
               a city, county or district operating the airport or a joint  
               powers agency operating the airport if their primary duty  
               is the enforcement of the law in or about property owned,  
               operated and administered by the employing agency or when  
               performing a necessary duty with respect to patrons,  
               employees and properties of the employing agency.  

             e)   Railroad police officers commissioned by the Governor if  
               their primary duty is the enforcement of the law in or  
               about property owned, operated or administered by the  
               employing agency or when performing necessary duties with  
               respect to patrons, employees and properties of the  
               employing agency.  (Penal Code Section 830.33.) 









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             1)   Declares specific persons to be peace officers:  any  
               sheriff, under sheriff, deputy sheriff, chief of police,  
               officer of municipal public safety agency who performs  
               police functions, police officer, officer of the San Diego  
               Unified Port District Harbor Police, marshal or deputy  
               marshal of a superior court or county, port warden or port  
               police office of the Harbor Department of the City of Los  
               Angeles, or inspector or investigator employed in that  
               capacity in the office of the district attorney.  Provides  
               that the authority of these peace officers extends to any  
               place in California as follows [Penal Code Section  
               830.1(a)]:

             a)   As to 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.  [Penal Code Section  
               830.1(a)(1).]

             b)   Where the peace officer has 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.  
                [Penal Code Section 830.1(a) (2).]

             c)   As to 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  
               perpetrator's escape.  [Penal Code Section 830.1(a)(3).]

             2)   Provides that in order to change peace officer  
               designation or status, the Commission on Peace Officers  
               Standards and Training (POST) must be requested to  
               undertake a study to assess the need for such a change.   
               Requires POST to undertake the study in accordance with its  
               regulations.  [Penal Code Section 13540(b).]


           FISCAL EFFECT  :   Unknown

           COMMENTS  :   









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           1)Author's Statement  :  According to the author, "Los Angeles  
            World Airports (LAWA) includes the Los Angeles International  
            Airport (LAX), the Ontario International Airport, and the Van  
            Nuys Airport.  LAWA also covers the Manchester/Belford area  
            and its residents.  Currently, LAWA Police Officers are to  
            perform their duties under Penal Code 830.33. Since 9/11,  
            stricter security measures have been employed in airports  
            around the nation to ensure the security of travelers,  
            airports and cities alike.  However, LAX is in a very unique  
            situation since it handles approximately 65 million people  
            annually.  It is the 3rd largest airport in the world in terms  
            of passenger volume and deemed as one of the state's top  
            terrorist target.

          "Although LAWA peace officers receive the same level of police  
            academy training as LAPD, in addition to aviation security  
            training, they are not given the statutory authority to  
            undertake specific actions in certain scenarios.  LAWA peace  
            officers are the first responders to the scene of any dispute,  
            accident, or incident arising in its jurisdiction.   
            Disappointingly, if say a domestic dispute arises in the  
            Manchester area, a LAWA peace officer does not have the legal  
            authority to seize firearms or other deadly weapons at the  
            scene of the argument.  Additionally, existing law does not  
            allow LAWA police to perform the following operations  
            considered vital to the continual protection and function of  
            the airports:

             a)   "Possess explosives for training of canines for bomb  
               detection.

             b)   "Seize explosives and incendiary devices.  (PC  12301.)

             c)   "Authority for officers to seize firearms or other  
               deadly weapons at the scene of a domestic violence call.   
               (PC 12028.5.)

             d)   "Conduct the background investigations on people working  
               at the airports under the Federal Transportation Security  
               Agency regulations.

             e)   "Ability to keep unsafe vehicles off the public roads in  
               and around airport properties and prevent them from  
               entering the airports.  (PC  24004.)









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             f)   "Ability to issue a citation to a person involved in a  
               traffic accident where there is a reasonable cause to  
               believe the person has committed a vehicular misdemeanor or  
               infraction.

             g)   "Authority to inspect and enforce the sale and  
               consumption of alcoholic beverages at the airports.  (B&PC   
               25755.)

            "The Peace Officers Research Association of California (PORAC)  
            states:

            " 'Due to two PORAC sponsored bills, the Government Code  
            requires agencies seeking peace officer status or looking to  
            move into the 830.1 Section of the Penal Code to commission,  
            at their own expense, the Commission on Peace Officer  
            Standards and Training (POST) to conduct a feasibility study  
            as to whether or not the authority sought by the agency is  
            warranted.  Since the original bill was signed into law in  
            1989 (SB 352 (Presley)), POST has been commissioned to  
            complete twelve feasibility studies.  In ten out of the twelve  
            studies commissioned, POST recommended against the agencies'  
            request for new or different authority.  It has been long  
            agreed by the Legislature and by the law enforcement community  
            that the best authority on peace officer jurisdiction,  
            authority, and status is the Commission on POST.  They are the  
            foremost authority in this area in the country, and their  
            recommendation in this area has been followed by this  
            Legislature for the past three decades.  For PORAC, the  
            Commission's recommendation that these peace officers employed  
            by the Los Angeles World Airports be moved to the 830.1  
            Section of the Penal Code is one that we respect and fully  
            support.  With the increased duties and requirements placed on  
            these peace officers, both federally and by the state, we hope  
            the Legislature will recognize the need for this bill and will  
            support AB 128.' "

              2)   POST Feasibility Study  :  POST conducts feasibility  
               studies when a change of designation is requested regarding  
               an existing peace officer position.  LAWA Chief of Police  
               Bernard J. Wilson requested a feasibility study regarding a  
               change in designation for LAWA airport law enforcement  
               officers from Penal Code Section 830.33 to Penal Code  
               Section 830.1.  POST completed this study on June 1, 2005.   









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             At the conclusion of their study, POST recommended that LAWA  
               police officers be designated as peace officers under Penal  
               Code Section 830.1.  The study included extensive  
               interviews with LAWA officers, the Los Angeles Police  
               Department, and other local law enforcement and federal law  
               enforcement agencies.  The report acknowledged that the  
               duties and responsibilities of LAWA officers stem from the  
               Airport Commission and cited 10 duties and responsibilities  
               which require the additional authority provided by a Penal  
               Code Section 830.1 designation:

             a)   The need to possess explosives for training canines for  
               bomb detection.

             b)   The duty to seize explosives and incendiary devices,  
               including unclassified explosives.

             c)   The need to possess diversionary devices to immediately  
               control an incident at airports.

             d)   The duty to conduct background investigations on people  
               working at airports in accordance with the Federal  
               Transportation Security Agency regulations.

             e)   The authority for an officer to seize firearms or other  
               deadly weapons at the scene of domestic violence calls in  
               and around airport terminals, in residential areas owned by  
               airports and in businesses under LAWA's control.

             f)   The responsibility to keep unsafe vehicles off public  
               roads in and around airport property and to prevent them  
               from entering airports.

             g)   The function of preventing gridlock on roads leading to  
               and from airports.

             h)   The prevention, enforcement and investigation of all  
               laws regarding making and giving false bomb reports.  

             i)   The need to issue a citation to a person involved in a  
               traffic accident where there is reasonable cause to believe  
               the person committed a vehicular misdemeanor or infraction.

            [POST, A Report to the Legislature and the Los Angeles Airport  








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            Police Department on Peace Officer Feasibility Study (June 1,  
            2005).]

           3)Prior Legislation  :

             a)   AB 2137 (Bradford), of the 2011-12 Legislative Session,  
               was identical to this bill in that AB 2137 would have made  
               airport law enforcement officers regularly employed by LAWA  
               peace officers whose authority extends to any place in  
               California.  AB 2137 was held on the Assembly  
               Appropriations Committee's Suspense File.

             b)   AB 1377 (Butler), of the 2011-12 Legislative Session,  
               was identical to this bill in that AB 1377 would have made  
               airport law enforcement officers regularly employed by LAWA  
               peace officers whose authority extends to any place in  
               California.  AB 1377 was held on the Assembly  
               Appropriations Committee's Suspense File.

             c)   AB 1882 (Frommer), of the 2005-06 Legislative Session,  
               was identical to this bill in that AB 1882 would have made  
               airport law enforcement officers regularly employed by LAWA  
               peace officers whose authority extends to any place in  
               California.  AB 1882 was never heard by the Senate Public  
               Safety Committee.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Peace Officer Research Association of California
          San Bernardino Police Officers Association
          One private citizen

           Opposition 
           
          Los Angeles Police Protective League
          Riverside Sheriffs' Association
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744 











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