Amended in Assembly April 19, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2361


Introduced by Assembly Member Santiago

February 18, 2016


An act to add Section 830.75 to the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 2361, as amended, Santiago. Peace officers:begin delete independent institutions of higher education.end deletebegin insert University of Southern California security officers.end insert

Existing law designates all persons who meet specified standards as peace officers. Existing law requires any sheriff, undersheriff, deputy sheriff or police officer, as specified, to successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer.

This bill wouldbegin delete authorize an independent institution of higher education, as defined, to designate a person regularly employed as a security officer as a peace officer during the course of and within the scope of his or her employment, as specified, provided that the person successfully completes the course of training described above.end deletebegin insert make a person regularly employed as a security officer of the University of Southern California a peace officer during the course and within the scope of his or her employment with the University of Southern California. The bill would require the University of Southern California to enter into a memorandum of understanding with the local law enforcement agency to implement the authority granted by the bill. The bill would require peace officers designated pursuant to its provisions to complete the course of training prescribed by the Commission on Peace Officer Standards and Training. The bill would allow a peace officer designated pursuant to its provisions to carry a firearm if authorized by his or her employer.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 830.75 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert830.75.end insert  

(a) Notwithstanding subdivision (b) of Section 830.7,
4a person regularly employed as a security officer for the University
5of Southern California is a peace officer during the course and
6within the scope of his or her employment with the University of
7Southern California, provided that these peace officers shall not
8exercise their powers or authority except upon the campuses of
9the University of Southern California and an area within one mile
10of the exterior boundaries of each, and in or about other grounds
11and properties owned, operated, controlled, or administered by
12the University of Southern California.

13
(b) In order to implement the authority of the state to grant
14police powers pursuant to subdivision (a), the local law
15enforcement agency and the University of Southern California
16shall enter into a memorandum of understanding pursuant to all
17of the following:

18
(1) The memorandum of understanding shall implement the
19exercise of the authority granted by the state pursuant to this
20section.

21
(2) The local law enforcement agency, or the chief or head of
22the department of public safety of the University of Southern
23California, shall designate security officers of the University of
24Southern California as peace officers under this section.

25
(3) The memorandum of understanding shall be recognized and
26duly enforced.

27
(c) Before exercising the powers of a peace officer, a person
28designated as a peace officer pursuant to this section shall
29successfully complete a regular basic course of training certified
30by the Commission on Peace Officer Standards and Training as
P3    1prescribed in Section 832 and shall undergo a background
2investigation pursuant to Section 1031 of the Government Code.

3
(d) Persons designated as peace officers pursuant to this section
4shall maintain the same continuous professional training, including
5perishable skills training, as required by the Commission on Peace
6Officer Standards and Training with respect to duties involving
7responsibility for the prevention and detection of crime and the
8general enforcement of the criminal laws of this state, provided,
9however, that the persons designated as peace officers pursuant
10to this section shall not be reimbursed with state funds for any
11training they receive.

12
(e) A person designated as a peace officer pursuant to this
13section shall have all the authority, rights, powers, duties,
14responsibilities, and status afforded to peace officers under any
15other law, whether or not this section is specifically referenced
16therein, with the exception of retirement, workers’ compensation,
17or similar injury or death benefits, or other employee benefits for
18which peace officers in this state are eligible. Vehicles owned by
19the University of Southern California that are specifically
20designated for use by persons designated as peace officers pursuant
21to this section shall be deemed authorized emergency vehicles for
22all purposes of the law within the institution’s jurisdiction.

23
(f) A person designated as a peace officer pursuant to this
24section may carry a firearm in the course of his or her duties only
25if authorized by, and under the terms and conditions of, his or her
26employer.

end insert
begin delete27

SECTION 1.  

Section 830.75 is added to the Penal Code, to
28read:

29

830.75.  

(a) A person regularly employed as a security officer
30for an independent institution of higher education as defined in
31subdivision (b) of Section 66010 of the Education Code, may be
32designated as a peace officer during the course and within the
33scope of his or her employment, if the institution has, with the
34sheriff or chief of police of within whose jurisdiction the institution
35is located, entered into a memorandum of understanding that
36permits the exercise of that authority.

37(b) Before exercising the powers of a peace officer, a person
38designated as a peace officer pursuant to subdivision (a) shall
39successfully complete a course of training prescribed by the
P4    1Commission on Peace Officer Standards and Training pursuant to
2Section 832.3.

3(c) A person designated as a peace officer pursuant to
4subdivision (a) shall not be reimbursed with state funds for any
5training he or she receives, and shall not be eligible to participate
6in any state or municipal retirement system based on his or her
7designation as a peace officer pursuant to subdivision (a).

8(d) A person designated as a peace officer pursuant to
9subdivision (a) may carry a firearm in the course of his or her
10duties only if authorized by and under the terms and conditions of
11his or her employing agency.

end delete


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