Amended in Senate June 15, 2016

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 University of Southern California security officers.end deletebegin insert independent institutions of higher education: 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.begin insert Under existing law, a person regularly employed as a security officer for an independent institution of higher education is not a peace officer but may exercise the powers of arrest of a peace officer during the course and within the scope of their employment if the employing institution of higher education has concluded a memorandum of understanding, permitting the exercise of authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.end insert

begin delete

This bill would 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 delete
begin insert

This bill would allow a person regularly employed as a security officer for an independent institution of higher education to be deputized or appointed as a reserve deputy or officer by a sheriff or chief of police if he or she has completed the basic training course for deputy sheriffs and police officers prescribed by the Commission on Peace Officer Standards and Training, and the institution of higher education and the appropriate local law enforcement agency have entered into a memorandum of understanding. The bill would make the authority of a person designated as a peace officer pursuant to these provisions applicable only while he or she is engaged in the performance of his or her assigned duties.

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 an
5independent institution of higher education recognized under
6subdivision (b) of Section 66010 of the Education Code may be
7deputized or appointed by the sheriff or the chief of police of the
8jurisdiction in which the institution is located as a reserve deputy
9or officer pursuant to Section 830.6, notwithstanding that he or
10she is compensated by the institution of higher education or that
11the assigned specific law enforcement functions and duties may
12be of a recurring or continuous nature, if both of the following
13requirements are met:

14
(1) The person meets the requirements specified in paragraph
15(1) of subdivision (a) of Section 832.6.

P3    1
(2) The institution of higher education and the appropriate local
2law enforcement agency have entered into a memorandum of
3understanding.

4
(b) The authority of a person designated as a peace officer
5pursuant to this section applies only while he or she is engaged
6in the performance of his or her assigned duties pursuant to this
7section.

8
(c) Vehicles owned by an independent institution of higher
9education that are specifically designated for use by persons
10designated as peace officers pursuant to this section shall be
11deemed authorized emergency vehicles for all purposes of the law
12within the institution’s jurisdiction.

end insert
begin delete
13

SECTION 1.  

Section 830.75 is added to the Penal Code, to
14read:

15

830.75.  

(a) Notwithstanding subdivision (b) of Section 830.7,
16a person regularly employed as a security officer for the University
17of Southern California is a peace officer during the course and
18within the scope of his or her employment with the University of
19Southern California, provided that these peace officers shall not
20exercise their powers or authority except upon the campuses of
21the University of Southern California and an area within one mile
22of the exterior boundaries of each, and in or about other grounds
23and properties owned, operated, controlled, or administered by the
24University of Southern California.

25(b) In order to implement the authority of the state to grant
26police powers pursuant to subdivision (a), the local law
27enforcement agency and the University of Southern California
28shall enter into a memorandum of understanding pursuant to all
29of the following:

30(1) The memorandum of understanding shall implement the
31exercise of the authority granted by the state pursuant to this
32section.

33(2) The local law enforcement agency, or the chief or head of
34the department of public safety of the University of Southern
35California, shall designate security officers of the University of
36Southern California as peace officers under this section.

37(3) The memorandum of understanding shall be recognized and
38duly enforced.

39(c) Before exercising the powers of a peace officer, a person
40designated as a peace officer pursuant to this section shall
P4    1successfully complete a regular basic course of training certified
2by the Commission on Peace Officer Standards and Training as
3prescribed in Section 832 and shall undergo a background
4investigation pursuant to Section 1031 of the Government Code.

5(d) Persons designated as peace officers pursuant to this section
6shall maintain the same continuous professional training, including
7perishable skills training, as required by the Commission on Peace
8Officer Standards and Training with respect to duties involving
9responsibility for the prevention and detection of crime and the
10general enforcement of the criminal laws of this state, provided,
11however, that the persons designated as peace officers pursuant to
12this section shall not be reimbursed with state funds for any training
13they receive.

14(e) A person designated as a peace officer pursuant to this
15section shall have all the authority, rights, powers, duties,
16responsibilities, and status afforded to peace officers under any
17other law, whether or not this section is specifically referenced
18therein, with the exception of retirement, workers’ compensation,
19or similar injury or death benefits, or other employee benefits for
20which peace officers in this state are eligible. Vehicles owned by
21the University of Southern California that are specifically
22designated for use by persons designated as peace officers pursuant
23to this section shall be deemed authorized emergency vehicles for
24all purposes of the law within the institution’s jurisdiction.

25(f) A person designated as a peace officer pursuant to this section
26may carry a firearm in the course of his or her duties only if
27authorized by, and under the terms and conditions of, his or her
28employer.

end delete


O

    97