BILL ANALYSIS Ó
AB 128
Page 1
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
AB 128
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