Amended in Senate August 16, 2016

Amended in Senate August 11, 2016

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

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(Coauthor: Assembly Member Jones-Sawyer)

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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: independent institutions of higher education: security officers.

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. 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.

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 extend the authority of a person designated as a peace officer pursuant to these provisions to any place in the state and would make that authority applicable only while he or she is engaged in the performance of his or her assigned duties, 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:

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SECTION 1.  

Section 830.75 is added to the Penal Code, to
2read:

3

830.75.  

(a) Notwithstanding subdivision (b) of Section 830.7,
4a person regularly employed as a security officer for an independent
5institution of higher education recognized under subdivision (b)
6of Section 66010 of the Education Code may be deputized or
7appointed by the sheriff or the chief of police of the jurisdiction
8in which the institution is located as a reserve deputy or officer
9pursuant to Section 830.6, notwithstanding that he or she is
10compensated by the institution of higher education or that the
11assigned specific law enforcement functions and duties may be of
12a 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.

16(2) The institution of higher education and the appropriate local
17law enforcement agency have entered into a memorandum of
18understanding.

19(b) The authority of a person designated as a peace officer
20pursuant to this section extends to any place in the state and applies
21only while he or she is engaged in the performance of his or her
22assigned duties for his or her institution of higher education
23pursuant to the memorandum entered into pursuant to paragraph
P3    1(2) of subdivision (a). The primary duty of a person designated as
2a peace officer pursuant to this section shall be the enforcement
3of the law upon the campuses of his or her institution of higher
4education and within one mile of the exterior of those campuses,
5and in or about other grounds and properties owned, operated,
6controlled, or administered bybegin delete theend deletebegin insert thatend insert institution of higher
7education.

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.



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