BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 128
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 128 (Bradford)
          As Amended  September 6, 2013
          Majority vote
           
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          |ASSEMBLY:  |62-4 |(May 28, 2013)  |SENATE: |30-7 |(September 10, |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    PUB. S.  

           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, when the Los Angeles Police Commission and  
          the Los Angeles Board of Airport Commissioners take specified  
          actions.     

           The Senate amendments  make peace officers employed by LAWA peace  
          officers whose authority extends to any place in the state, if  
          and when the Los Angeles Police Commission and the Los Angeles  
          Board of Airport Commissioners enter into an agreement to enable  
          the Inspector General (IG) of the Los Angeles Police Commission  
          to conduct audits and investigations of the Los Angeles Airport  
          Police Division, and requires this action to be taken on or  
          before April 1, 2014.

           EXISTING LAW  : 

             1)   Provides that the following are peace officers, 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 laws in or about property owned, operated or  
                administered by the district or when performing a  








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               necessary duty with respect to patrons, employees and  
               properties of the district. 

             b)   Harbor or port police if their primary duty is  
               enforcement of laws 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 officers of a county,  
               city, transit development board or district if the primary  
               duty is the enforcement of laws in or about 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 laws 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.  

             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 officer 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  








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               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  
               regulations.  

           AS PASSED BY THE ASSEMBLY  , this bill:

             1)   Made 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  








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               the perpetrator.

          2)Defined "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.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, unknown, future costs potentially in excess of  
          $150,000 (Special Fund*) to the extent the upgraded peace  
          officer status of LAWA law enforcement officers results in state  
          reimbursement from the Commission on Peace Officer Standards and  
          Training (POST) to LAWA for enhanced investigative/tactical  
          training.

          *Peace Officers' Training Fund 

           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  
          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.








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             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  
               (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  








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               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:  
          0002677