BILL ANALYSIS Ó AB 2361 Page 1 ASSEMBLY THIRD READING AB 2361 (Santiago) As Amended April 19, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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 regularly employed by the USC is a peace officer during the course and within the scope of his or her employment with the USC, provided that such officers shall not exercise their powers or authority, except upon the campuses of the University of Southern and an area within one mile of the exterior boundaries of each thereof, in or about other grounds or properties, owned, operated, AB 2361 Page 2 controlled, or administered USC. 2)States that in order to implement the authority of the state to grant police powers, the local law enforcement shall enter into a memorandum of understanding which implements the exercise of authority granted by the state, and shall be recognized and duly enforced. 3)Provides that the local law enforcement agency, or the chief or head of the department of public safety of the USC shall designate security officers as peace officers, as specified. 4)States that before exercising the powers of a peace officer, a person designated as a USC peace officer shall undergo a background check, and successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training (POST). 5)Provides that persons designated as USC peace officers shall maintain the same continuous professional training (including perishable skills training) as required by POST with respect to duties having responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state; provided, however, that persons designated as peace officers shall not be reimbursed with state funds for any training he or she receives. 6)States person designated as a USC peace officer shall have all the authority, rights, powers, duties, responsibilities, and status afforded to peace officers under other sections of the law, whether or not USC peace officer is referenced therein, with the exception of retirement, workers' compensation, or similar injury or death benefits, or other employee benefits for which peace officers in this state are eligible. Vehicles owned by USC which are specifically designated for use by persons designated as USC peace officers shall be deemed AB 2361 Page 3 authorized emergency vehicles for all purposes of the law within the institution's jurisdiction. 7)Provides that a person appointed as a USC peace officer 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 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. 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 and authority. 3)Defines "independent institutions of higher education" as those nonpublic higher education institutions that grant undergraduate 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 AB 2361 Page 4 Department of Education (USDOE). 4)Provides that every peace officer shall satisfactorily complete an introductory course of training prescribed by the 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. 5)Provides that prior to the exercise of peace officer powers, every peace officer shall have satisfactorily completed the POST course. 6)Provides that a person shall not have the powers of a peace officer until he or she has satisfactorily completed the POST course. 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 enforcement of law in or about property owned, operated or administered by harbor or port or when performing a AB 2361 Page 5 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. 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; AB 2361 Page 6 b) Persons regularly employed as security officers for independent institutions of higher education, as specified, if the institution has concluded a Memorandum of Understanding (MOU) permitting the 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, AB 2361 Page 7 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. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: "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." Analysis Prepared by: Gregory Pagan/ PUB. S. / (916) 319-3744 FN: 0002734 AB 2361 Page 8