BILL ANALYSIS Ó
AB 128
Page 1
ASSEMBLY THIRD READING
AB 128 (Bradford)
As Introduced January 15, 2013
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 10-1
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, Bradford, |
| |Mitchell, Quirk, Skinner, | |Campos, Eggman, Ammiano, |
| |Waldron | |Pan, Quirk, Wagner, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Donnelly |
| | | | |
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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.
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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 :
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,
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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.
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:
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 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
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.
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
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regulations.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown ongoing special fund costs, potentially in
excess of $150,000, to the extent the proposed upgrade in peace
officer category results in state reimbursement from POST to
LAWA for special/enhanced tactical training, which qualifies for
partial POST reimbursement (Peace Officers Training Fund).
While all LAWA Police Department officers met full POST training
standards, and while selection and training standards for both
entities are virtually identical, it is the enhanced duties and
authority of Penal Code Section 830.1 status that creates the
potential for additional POST reimbursement. POST reimbursement
varies depending on circumstances, but ranges from travel and
per diem, to backfilling the employing agency. For example, the
specialized training in the following areas would be required
for at least some officers:
1)Detective training related to major crimes.
2)Firearm seizure.
3)Explosives; bomb squad.
4)Special Weapons and Training (SWAT) teams.
COMMENTS : 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
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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.)
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
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(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.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0000774