AB 1872, as introduced, Gray. Peace officers: deputy sheriffs.
Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Under existing law, in certain counties, a deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency.
This bill would include deputy sheriffs in the County of Merced within that definition of peace officers, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 830.1 of the Penal Code is amended to
2read:
(a) Any sheriff, undersheriff, or deputy sheriff,
2employed in that capacity, of a county, any chief of police of a
3city or chief, director, or chief executive officer of a consolidated
4municipal public safety agency that performs police functions, any
5police officer, employed in that capacity and appointed by the
6chief of police or chief, director, or chief executive of a public
7safety agency, of a city, any chief of police, or police officer of a
8district, including police officers of the San Diego Unified Port
9District Harbor Police, authorized by statute to maintain a police
10department, any marshal or deputy marshal of a superior court or
11county, any port warden or port police officer of the Harbor
12Department of the City of Los Angeles, or any inspector or
13investigator employed in that capacity in the office of a district
14
attorney, is a peace officer. The authority of these peace officers
15extends to any place in the state, as follows:
16(1) As to any public offense committed or which there is
17probable cause to believe has been committed within the political
18subdivision that employs the peace officer or in which the peace
19officer serves.
20(2) Where the peace officer has the prior consent of the chief
21of police or chief, director, or chief executive officer of a
22consolidated municipal public safety agency, or person authorized
23by him or her to give consent, if the place is within a city, or of
24the sheriff, or person authorized by him or her to give consent, if
25the place is within a county.
26(3) As to any public offense committed or which there is
27probable cause to believe has been committed in the peace officer’s
28presence, and with respect
to which there is immediate danger to
29person or property, or of the escape of the perpetrator of the
30offense.
31(b) The Attorney General and special agents and investigators
32of the Department of Justice are peace officers, and those assistant
33chiefs, deputy chiefs, chiefs, deputy directors, and division directors
34designated as peace officers by the Attorney General are peace
35officers. The authority of these peace officers extends to any place
36in the state where a public offense has been committed or where
37there is probable cause to believe one has been committed.
38(c) Any deputy sheriff of the County of Los Angeles, and any
39deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn,
40Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa,
P3 1Mendocino,begin insert Merced,end insert Plumas,
Riverside, San Benito, San Diego,
2San Luis Obispo, Santa Barbara, Santa Clara, Shasta, Siskiyou,
3Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare,
4Tuolumne, and Yuba who is employed to perform duties
5exclusively or initially relating to custodial assignments with
6responsibilities for maintaining the operations of county custodial
7facilities, including the custody, care, supervision, security,
8movement, and transportation of inmates, is a peace officer whose
9authority extends to any place in the state only while engaged in
10the performance of the duties of his or her respective employment
11and for the purpose of carrying out the primary function of
12employment relating to his or her custodial assignments, or when
13performing other law enforcement duties directed by his or her
14employing agency during a local state of emergency.
O
99