BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2361


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          Date of Hearing:  April 12, 2016
          Chief Counsel:     Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                   2361 (Santiago) - As Introduced  February 18, 2016


                       As Proposed to be Amended in Committee


          SUMMARY:  Authorizes security guards employed by the University  
          of Southern California (USC) to be appointed as peace officers  
          while enforcing the law on the USC campus and surrounding  
          university property.  Specifically, this bill:  

          1)Provides that a security guard employed by the Board of  
            Trustees of the University of Southern California may be a  
            peace officer, when appointed and sworn by the Board of  
            Trustees if the primary duty of the peace officer is enforcing  
            the law on the campus of the University of Southern  
            California, and an area within one mile of the exterior  
            boundaries of the campus, or in and about other grounds or  
            properties, owned, operated, controlled, or administered by  
            the Board of Trustees of the University of Southern  
            California, and the University has a memorandum of  
            understanding with the Los Angeles Police Department or the  
            Los Angeles County Sheriff's Department that permits the  
            exercise of the above peace officer authority.

          2)States that before exercising the powers of a peace officer  
            appointed pursuant to subdivision (a) shall successfully  
            complete a course of training prescribed by the Commission on  








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            Peace Officer Standards and Training (POST).

          3)Provides that notwithstanding any other law, the appointment  
            as a USC peace officer shall serve only to define those  
            persons as peace officers, the extent of their jurisdiction  
            and the nature and scope of their authority, powers and  
            duties, and their status shall not change for purposes of  
            retirement, worker's compensation, or similar injury or death  
            benefits, or other employee benefits.

          4)A person appointed as a USC peace officer shall not be  
            reimbursed with state funds for any training he or she  
            receives.

          5)A person appointed as a USC peace officer pursuant to  
            subdivision (a) may carry a firearm in the course of his or  
            her duties only if authorized and under the terms and  
            conditions of his or her employing agency.

          EXISTING LAW:  

          1)Requires that any person or persons desiring peace officer  
            status under Chapter 4.5 (commencing with Section 830) of  
            Title 3 of Part 2 who, on January 1, 1990, were not entitled  
            to be designated as peace officers under that chapter shall  
            request the Commission on Peace Officers Standards and  
            Training (POST) to undertake a feasibility study regarding  
            designating that person or persons as peace officers.  The  
            request and study shall be undertaken in accordance with  
            regulations adopted by POST.  POST may charge any person, with  
            specified exceptions, requesting a study, a fee, not to exceed  
            the actual cost of undertaking the study.  (Pen. Code,   
            13540, subd. (a).)

          2)Provides that any study undertaken under this article shall  
            include, but shall not be limited to, the current and proposed  
            duties and responsibilities of persons employed in the  
            category seeking the designation change, their field law  
            enforcement duties and responsibilities, their supervisory and  
            management structure, their proposed training methods and  
            funding sources and the extent to which their current duties  
            and responsibilities require additional peace officer powers  








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            and authority.  (Pen. Code,  13540, subd. (b).)

          3)Defines "independent institutions of higher education" as  
            those nonpublic higher education institutions that grant under  
            graduate degrees, graduate degrees, or both, and are formed as  
            nonprofit corporations in this state and are accredited by an  
            agency recognized by the United States Department of Education  
            (USDOE).  (Ed. Code  66010, subd. (b).)

          4)Provides that every peace officer shall satisfactorily  
            complete an introductory course of training prescribed by the  
            Commission on Peace Officer Standards and Training (POST) and  
            that after July 1, 1989 satisfactory completion of the course  
            shall be demonstrated by passage of an appropriate examination  
            developed or approved by POST.  (Pen. Code.  832, subd. (a).)  


          5)Provides that prior to the exercise of peace officer powers,  
            every peace officer shall have satisfactorily completed the  
            POST course.  (Pen. Code,  832, subd. (b).)

          6)Provides that a person shall not have the powers of a peace  
            officer until he or she has satisfactorily completed the POST  
            course.  (Pen. Code,  832, subd. (c).)

          7)Provides that the following are peace offices, 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 the law in or about property owned, operated  
               or  administered by the district or when performing a  
               necessary duty with respect to patrons, employees and  
               properties of the district. 

             b)   Harbor or port police if their primary duty is  








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               enforcement of law 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 offices of a county,  
               city, transit development board or district if the primary  
               duty is the enforcement of the law in or abut 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 the law 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.  (Penal Code Section 830.33.) 

          8)Provides that numerous types of publicly employed security  
            officers are granted the powers of arrest of a peace officer  
            although they are not peace officers.  These persons may  
            exercise the powers of arrest of a peace officer, as  
            specified, during the course and within the scope of their  
            employment if they successfully complete a course in the  
            exercise of those powers, as specified, which has been  
            certified by POST.  Persons currently granted such powers are:

             a)   Persons designated by a cemetery authority, as  
               specified;

             b)   Persons regularly employed as security officers for  
               independent institutions of higher education, as specified,  
               if the institution has concluded a MOU permitting the  








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               exercise of that authority with the sheriff or the chief of  
               police within whose jurisdiction the institution lies;

             c)   Persons regularly employed as security officers for  
               health facilities, as specified, that are owned and  
               operated by cities, counties, and cities and counties if  
               the facility has concluded a MOU permitting the exercise of  
               that authority with the sheriff or the chief of police  
               within whose jurisdiction the facility lies;

             d)   Employees or classes of employees of the California  
               Department of Forestry and Fire Protection (CDFFP)  
               designated by the CDFFP Director, provided that the primary  
               duty of the employee shall be the enforcement of the law,  
               as specified;

             e)   Persons regularly employed as inspectors, supervisors,  
               or security officers for transit districts, as specified,  
               if the district has concluded a MOU permitting the exercise  
               of that authority with, as applicable, the sheriff, the  
               chief of police, or the Department of the California  
               Highway Patrol within whose jurisdiction the district lies;  


             f)   Non-peace officers regularly employed as county parole  
               officers, as specified;

             g)   Persons appointed by the Executive Director of the  
               California Science Center, as specified; and,

             h)   Persons regularly employed as investigators, as  
               specified, by the Department of Transportation for the City  
               of Los Angeles and designated by local ordinance as public  
               officers to the extent necessary to enforce laws related to  
               public transportation and authorized by a MOU with the  
               chief of police permitting the exercise of that authority.   
               (Pen. Code,  830.7.)



          FISCAL EFFECT:  Unknown









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          COMMENTS:  

          1)Author's Statement:  According to the author, "AB 2361  
            authorizes security guards employed by USC to be appointed as  
            peace officer when enforcing the law on the USC campus,  
            provided (1) the institution has a memorandum of understanding  
            (MOU) with local law enforcement that permits this action and  
            (2) the individual has completed the regular basic course as  
            prescribed by POST. This measure will improve campus safety by  
            affording independent college public safety departments the  
            same status given to public university public safety  
            departments, all while ensuring these departments remain under  
            the control of local law enforcement."

          2)POST Feasibility Study:  In 1989, SB 353 (Presley), Chapter  
            1165, Statutes of 1989, was introduced as a result of interim  
            hearings of the Senate Judiciary Subcommittee on Corrections  
            and Law Enforcement Agencies.  SB 353 regrouped peace officer  
            categories according to the nature of their jurisdiction  
            rather than the scope of their authority.  SB 353 also  
            required a POST review of all classification requests prior to  
            legislative consideration of granting peace officer status in  
            the future or where there is a request to change peace officer  
            designation or status. 

          Pursuant to SB 353, Penal Code Section 13540 provides that POST  
            may charge a fee to the person or entity requesting a  
            feasibility study.  The study must be completed within 18  
            months and include a review of the proposed duties and  
            responsibilities of the person employed in the category  
            seeking peace officer designation.  (Penal Code Sections 13541  
            and 13542.)  

          It is a general rule that one legislative body cannot limit or  
            restrict the power of subsequent Legislatures, and the act of  
            one Legislature does not bind its successors (see In re Collie  
            (1952) 38 Cal.2d 396, 398).  Thus a statute purporting to  
            condition future legislative action on compliance with  
            conditions in that statute may be superseded by subsequent  
            contrary legislative action.

          3)Argument in Support:  According to the University of Southern  








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            California, "In California, unlike their counterparts at  
            public institutions, security officers at public institutions,  
            security officers at private institutions are not classified  
            as peace officers, limiting their ability to protect their  
            campus community. Campus administrators need to be able to  
            provide assurance to their communities that campus safety  
            officials will not only take proactive measures to prevent  
            campus violence, but will also effectively respond to any acts  
            of violence and thereby minimize harm to the communities.  
            Campus violence, in particular campus shooting incidents, has  
            been occurring with increasing frequency. In addition, many  
            universities are major centers of research and would also be  
            considered attractive targets for acts of terrorism."



          4)Argument in Opposition:  According to the American Civil  
            Liberties Union, "Penal Code section 13540 requires that "Any  
            person or persons desiring peace officer status?shall request  
            the Commission on Peace Officer Standards and Training to  
            undertake a feasibility study regarding designating that  
            person or persons as peace officers." By failing to require  
            such a study, this bill would violate Penal Code section  
            13540. The requirements of Penal Code section 13540 were  
            enacted precisely because so many groups would like peace  
            officers authority extended to them. This reflected in the  
            Legislature's understanding that it is frequently approached  
            with such requests but the decision is too important to be  
            dealt with in the absence of an objective evaluation of the  
            need. 

          "Additionally, this bill would grant the powers reserved for  
            peace officers in making arrests and in the use of force  
            without any of the accountability that accompanies these  
            awesome powers. The power given to police officers should  
            never be divorced from the democratic institutions that confer  
            that power and regulate its use. Despite their status as peace  
            officers, these private employees would not be accountable to  
            the public in any way. 

          "At a time when communities throughout the country are striving  
            for greater accountability for their public police agencies,  








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            the Legislature should not be conferring police powers on  
            private parties with no public accountability whatsoever."

          REGISTERED SUPPORT / OPPOSITION:

          Support

          University of Southern California 
          University of California, Los Angeles
          Claremont College Campus Safety Department
          California College and University Police Chiefs Association
          California Association of Code Enforcement Officers
          California Narcotics Officers Association
          Los Angeles County Professional Peace Officers Association
          Association of Los Angeles Deputy Sheriffs
          Los Angeles Police Protective League
          Riverside Sheriffs Association

          Opposition

          American Civil Liberties Union
          California Public Defenders Association  

          Analysis Prepared  
          by:              Gregory Pagan / PUB. S. / (916) 319-3744