BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 2361       Hearing Date:    June 21, 2016    
          
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          |Author:    |Santiago                                             |
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          |Version:   |June 15, 2016                                        |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|JRD                                                  |
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               Subject:  Reserve Peace Officers: Private Universities



          HISTORY

          Source:   University of Southern California; California College  
                    and University Police Chiefs Association

          Prior Legislation:Senate Bill 1126 (Presley) - 1991, relevant  
          portion of the bill removed

          Support:  University of Southern California; University of  
                    California, Los Angeles; Claremont College Campus  
                    Safety Department; California Association of Code  
                    Enforcement Officers; California Narcotic Officers  
                    Association; Los Angeles County Professional Peace  
                    Officers Association; Association for Los Angeles  
                    Deputy Sheriffs; Los Angeles Police Protective League;  
                    Riverside Sheriffs Association; Western Association of  
                    Campus Law Enforcement; one individual 

          Opposition:American Civil Liberties Union of California;  
                    California Public Defenders Association

          Assembly Floor Vote:                 71 - 3


          PURPOSE








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          The purpose of this legislation is to allow local law  
          enforcement agencies to deputize or appoint reserve officers at  
          private universities, as specified.

          Existing law provides whenever any qualified person is deputized  
          or appointed by the proper authority as a reserve or auxiliary  
          sheriff or city police officer, a reserve deputy sheriff, a  
          reserve deputy marshal, a reserve police officer of a regional  
          park district or of a transit district, a reserve park ranger, a  
          reserve harbor or port police officer of a county, city, or  
          district as specified in Section 663.5 of the Harbors and  
          Navigation Code, a reserve deputy of the Department of Fish and  
          Game, a reserve special agent of the Department of Justice, a  
          reserve officer of a community service district which is  
          authorized under subdivision (h) of Section 61600 of the  
          Government Code to maintain a police department or other police  
          protection, a reserve officer of a school district police  
          department under Section 35021.5 of the Education Code, a  
          reserve officer of a community college police department under  
          Section 72330, a reserve officer of a police protection district  
          formed under Part 1 (commencing with Section 20000) of Division  
          14 of the Health and Safety Code, or a reserve housing authority  
          patrol officer employed by a housing authority defined in  
          subdivision (d) of Section 830.31, and is assigned specific  
          police functions by that authority, the person is a peace  
          officer, if the person qualifies as set forth in Section 832.6.  
          The authority of a person designated as a peace officer pursuant  
          to this paragraph extends only for the duration of the person's  
          specific assignment. A reserve park ranger or a transit, harbor,  
          or port district reserve officer may carry firearms only if  
          authorized by, and under those terms and conditions as are  
          specified by, his or her employing agency.  (Penal Code  830.6  
          (a)(1).) 

          Existing law provides whenever any qualified person is deputized  
          or appointed by the proper authority as a reserve or auxiliary  
          sheriff or city police officer, a reserve deputy sheriff, a  
          reserve deputy marshal, a reserve park ranger, a reserve police  
          officer of a regional park district, transit district, community  
          college district, or school district, a reserve harbor or port  
          police officer of a county, city, or district as specified in  
          Section 663.5 of the Harbors and Navigation Code, a reserve  
          officer of a community service district that is authorized under  









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          subdivision (h) of Section 61600 of the Government Code to  
          maintain a police department or other police protection, or a  
          reserve officer of a police protection district formed under  
          Part 1 (commencing with Section 20000) of Division 14 of the  
          Health and Safety Code, and is so designated by local ordinance  
          or, if the local agency is not authorized to act by ordinance,  
          by resolution, either individually or by class, and is assigned  
          to the prevention and detection of crime and the general  
          enforcement of the laws of this state by that authority, the  
          person is a peace officer, if the person qualifies as set forth  
          in paragraph (1) of subdivision (a) of Section 832.6. The  
          authority of a person designated as a peace officer pursuant to  
          this paragraph includes the full powers and duties of a peace  
          officer as provided by Section 830.1. A transit, harbor, or port  
          district reserve police officer, or a city or county reserve  
          peace officer who is not provided with the powers and duties  
          authorized by Section 830.1, has the powers and duties  
          authorized in Section 830.33, or in the case of a reserve park  
          ranger, the powers and duties that are authorized in Section  
          830.31, or in the case of a reserve housing authority patrol  
          officer, the powers and duties that are authorized in  
          subdivision (d) of Section 830.31, and a school district reserve  
          police officer or a community college district reserve police  
          officer has the powers and duties authorized in Section 830.32.   
          (Penal Code  830.6 (a)(2).) 

          Existing law states that the following persons are not peace  
          officers but may exercise the powers of arrest of a peace  
          officer as specified in Section 836 during the course and within  
          the scope of their employment, if they successfully complete a  
          course in the exercise of those powers pursuant to Section 832:

                 Persons designated by a cemetery authority pursuant to  
               Section 8325 of the Health and Safety Code.
                 Persons regularly employed as security officers for  
               independent institutions of higher education, recognized  
               under subdivision (b) of Section 66010 of the Education  
               Code, if the institution has concluded a memorandum of  
               understanding, permitting the exercise of that authority,  
               with the sheriff or the chief of police within whose  
               jurisdiction the institution lies.
                 Persons regularly employed as security officers for  
               health facilities, as defined in Section 1250 of the Health  
               and Safety Code, that are owned and operated by cities,  









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               counties, and cities and counties, as specified .
                 Employees or classes of employees of the California  
               Department of Forestry and Fire Protection designated by  
               the Director of Forestry and Fire Protection, as specified.
                 Persons regularly employed as inspectors, supervisors,  
               or security officers for transit districts, as defined in  
               Section 99213 of the Public Utilities Code, as specified.
                 Nonpeace officers regularly employed as county parole  
               officers pursuant to Section 3089.
                 Persons appointed by the Executive Director of the  
               California Science Center pursuant to Section 4108 of the  
               Food and Agricultural Code.
                 Persons regularly employed as investigators by the  
               Department of Transportation for the City of Los Angeles  
               and designated by local ordinance as public officers, as  
               specified.
                 Persons regularly employed by any department of the City  
               of Los Angeles who are designated as security officers and  
               authorized by local ordinance to enforce laws related to  
               the preservation of peace in or about the properties owned,  
               controlled, operated, or administered by any department of  
               the City of Los Angeles and authorized by a memorandum of  
               understanding with the Chief of Police of the City of Los  
               Angeles permitting the exercise of that authority..
                 Illegal dumping enforcement officers or code enforcement  
               officers, as specified.

          (Penal Code 830.7.)

          Existing law provides that every person deputized or appointed  
          shall have the powers of a peace officer only when the person is  
          any of the following:

                 A level I reserve officer deputized or appointed  
               pursuant to paragraph (1) or (2) of subdivision (a) or  
               subdivision (b) of Section 830.6 and assigned to the  
               prevention and detection of crime and the general  
               enforcement of the laws of this state, whether or not  
               working alone, and the person has completed the basic  
               training course for deputy sheriffs and police officers  
               prescribed by the Commission on Peace Officer Standards and  
               Training. For level I reserve officers appointed prior to  
               January 1, 1997, the basic training requirement shall be  
               the course that was prescribed at the time of their  









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               appointment. Reserve officers appointed pursuant to this  
               paragraph shall satisfy the continuing professional  
               training requirement prescribed by the commission.

                 A level II reserve officer assigned to the prevention  
               and detection of crime and the general enforcement of the  
               laws of this state while under the immediate supervision of  
               a peace officer who has completed the basic training course  
               for deputy sheriffs and police officers prescribed by the  
               Commission on Peace Officer Standards and Training, and the  
               level II reserve officer has completed the course required  
               by Section 832 and any other training prescribed by the  
               commission. Level II reserve officers appointed pursuant to  
               this paragraph may be assigned, without immediate  
               supervision, to those limited duties that are authorized  
               for level III reserve officers pursuant to paragraph (3).  
               Reserve officers appointed pursuant to this paragraph shall  
               satisfy the continuing professional training requirement  
               prescribed by the commission.

                 Level III reserve officers may be deployed and are  
               authorized only to carry out limited support duties not  
               requiring general law enforcement powers in their routine  
               performance. Those limited duties shall include traffic  
               control, security at parades and sporting events, report  
               taking, evidence transportation, parking enforcement, and  
               other duties that are not likely to result in physical  
               arrests. Level III reserve officers while assigned these  
               duties shall be supervised in the accessible vicinity by a  
               level I reserve officer or a full-time, regular peace  
               officer employed by a law enforcement agency authorized to  
               have reserve officers. Level III reserve officers may  
               transport prisoners without immediate supervision. Those  
               persons shall have completed the training required under  
               Section 832 and any other training prescribed by the  
               commission for those persons.

          (Penal Code  832.6 (a)(1)-(3).)

          Existing law states that a reserve officer who has previously  
          satisfied the training requirements stated, and has served as a  
          level I or II reserve officer within the three-year period prior  
          to the date of a new appointment shall be deemed to remain  
          qualified as to the Commission on Peace Officer Standards and  









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          Training requirements if that reserve officer accepts a new  
          appointment at the same or lower level with another law  
          enforcement agency. If the reserve officer has more than a  
          three-year break in service, he or she shall satisfy current  
          training requirements. This training shall fully satisfy any  
          other training requirements required by law, including those  
          specified in Section 832. (Penal Code 832.6(a)(5).)

          This bill provides that, notwithstanding subdivision (b) of  
          Section 830.7, a person regularly employed as a security officer  
          for an independent institution of higher education recognized  
          under subdivision (b) of Section 66010 of the Education Code may  
          be deputized or appointed by the sheriff or the chief of police  
          of the jurisdiction in which the institution is located as a  
          reserve deputy or officer pursuant to Section 830.6,   
          notwithstanding that he or she is compensated by the institution  
          of higher education  or that the assigned specific law  
          enforcement  functions and duties may be of a recurring or  
          continuous nature, if both of the flowing requirements are met: 

                 The person meets the requirements specified in Section  
               832.6, as specified.

                 The institution of higher education and the appropriate  
               local law enforcement agency have entered into a memorandum  
               of understanding. 

          This bill provides that the authority of a person designated as  
          a peace officer pursuant to this section applies only while he  
          or she is engaged in the performance of his or her assigned  
          duties, as specified. 

          This bill provides that vehicles owned by institutions of higher  
          education that are specifically designated for use by the  
          institutions' employees who are designated as reserve deputies  
          or officers pursuant to this section shall be deemed authorized  
          emergency vehicles for all purposes of the law within the  
          jurisdictions specified by the sheriff or the chief of police. 

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  









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          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity." (  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  









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               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.Need for Legislation 

          According to the author: 

               In California, limited peace officer status is granted to  
               security officers employed by the University of California,  
               California State University, and California community  
               colleges (Penal Code  830.2 and 830.32; Education Code   
               92600, 89560, and 72330). Unlike their counterparts at  
               public institutions, security officers at various  
               independent institutions of higher education are not  
               classified as peace officers, and therefore lack equivalent  
               powers. This current arrangement limits the provision of an  
               appropriate level of campus security. 

               California statute offers two opportunities for enhanced  
               security capabilities at private, non-profit independent  
               colleges: reserve officers (P.C.  830.6) and limited  
               powers of arrest (P.C.  830.7). However, these remedies  
               remain inadequate. First, statute is unclear on whether all  
               independent institutions of higher education can utilize  
               reserve officers. Second, limited powers of arrest are not  
               sufficient for the increasingly unique security situations  
               present on college campuses.

               AB 2361 clarifies that independent institutions of higher  
               education can utilize reserve officers. This measure allows  
               security officers employed by independent institutions of  
               higher education to be deputized or appointed by the  
               sheriff or chief of police of the jurisdiction in which the  
               institution is located as a reserve deputy or officer,  
               provided (1) the individual being deputized or appointed  
               has met specified training requirements and (2) the  
               institution has a memorandum of understanding (MOU) with  









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               local law enforcement that permits this action. This  
               measure will help improve campus safety at independent  
               institutions of higher education.

          2.Prior-POST Feasibility Study

          The Penal Code states 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."  
           (Penal Code  13540(a).  And, any person or persons who are  
          designated as peace officers "who desire a change in peace  
          officer designation or status, shall request the Commission on  
          Peace Officer Standards and Training to undertake a study to  
          assess the need for a change in designation or status."  (Penal  
          Code  13540(b).)   

          In October 1990, the Association of Independent California  
          Colleges and Universities requested a peace officer feasibility  
          study regarding peace officer positions for private colleges and  
           universities described in Senate Bill 1126 (Presley, of  
          1991).<1>  The study was to focus on Stanford University,  
          University of the Pacific, and University of Southern  
          California. 

          The POST study found: 

               Peace officer authority is one appropriate means to provide  
               for the safety and security of private educational  
               institutions.  However, law enforcement officers and  
               university security officers do not agree on the need for  
               peace officer authority for private university security  
               departments.  This difference of opinion also exists among  
               the other states contact in this study.

               The three institutions which are the focus of this study  
               have demonstrated a need for a security program.  However,  
               this need should not be presumed to exist at other private  
               educational institutions.  Senate Bill 1126 does not  
               -------------------------

          <1>  SB 1126, introduced in March 1991, would have bestowed upon  
          any private, accredited, postsecondary educational institution  
          the authority to employ peace officers.   









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               require a demonstration of need by institutions which are  
               not the subject of the study.   

               Because alternate models exist to provide security services  
               to private colleges and universities, it is inappropriate  
               to create a new category of peace officer solely for the  
               use of private educational institutions.  Additionally, the  
               creation of a new category of peace officer must follow the  
               public policy decision by the Legislature to delegate  
               governmental police power to private enterprise.  

               (A Report to the Legislature and the Association of  
               Independent California Colleges and Universities on Peace  
               Officer Feasibility Study, October 1991.) 





          The study, thus, recommended: 

               The Commission recommends the public policy issue, the  
               delegation of governmental policy power to a private  
               entity, be decided by the Legislature before a new peace  
               officer category is created.  

               The Commission further recommends that employees of private  
               universities and colleges not be designated as peace  
               officers.  (Id.)

          The report outlined five alternative models for campus security  
          including: 

               Utiliz[ing] reserve peace officers of the local agency in  
               which the educational jurisdiction the educational  
                                                                institution is located.  

               This is the model employed by Stanford University and  
          University of the Pacific.  

               Issues related to the proper and legal use of reserve  
               officers exist in this model. Issues include civil  
               liability; supervision and management of a law enforcement  
               program by the appointing authority; and, concerns  









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               regarding the continued use of this alternative.   (Id.)

          3.Reserve Officers at Private Universities:  Stanford University  
            and University of the Pacific

          Penal Code section 830.6 provides local law enforcement with the  
          ability to deputize or appoint reserve officers.   In 1973,  
          Assemblymember Dixon Arnett requested an Attorney General  
          Opinion on the following question:  

               May a sheriff assign specific peace officer functions of a  
               continuing nature to a reserve deputy under section 830.6  
               of the Penal Code, although the reserve officer is paid by  
               another entity?

          The Attorney General opinion concluded: 

               Under state law, a sheriff may assign specific law  
               enforcement functions to his reserve deputies even though  
               they are paid by another entity and the assigned duties may  
               be of a recurring or continuous nature.  Such deputies are  
               peace officers only while performing their assigned duties  
               in behalf of the sheriff.   (California Attorney General's  
               Opinion, 56 Ops. Cal. Atty. Gen. 390 (1973.)

          Both the University of the Pacific and Stanford University  
          depend on this interpretation of 830.6 to support their use of  
          reserve officers for campus security.   As stated above, there  
          are issues related to the use of reserve officers for campus  
          security, including supervision and liability.   The MOU between  
          Stanford and the Sheriff of the County of Santa Clara clearly  
          addresses these issues.   The MOU begins by stating:

               In order to provide for the assignment of certain specific  
               police functions to qualified members of the Stanford  
               University Department of Public Safety, and in compliance  
               with the request of the University, the Sheriff of the  
               County of Santa Clara will deputize Reserve Deputy Sheriffs  
               (under Section 830.6 of the Penal Code) under conditions  
               herewith set forth. 

          The MOU specifies that: 

               All persons to be deputized as Stanford Reserves pursuant  









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          to his memorandum must: 

                  A.        be employed full time by the Stanford  
                    University Department of Public Safety; 

                  B.        meet the minimum standards for employment  as  
                    prescribed by the California Commission on Peace  
                    Officer Standards and Training and such further  
                    reasonable qualifications deemed necessary by the  
                    Sheriff;

                  C.        meet the minimum standards for training as  
                    prescribed by the California Commission on Peace  
                    Officer Standards and Training for Level I Reserve  
                    Deputy Sheriffs as described in Sections 830.6 and  
                    832.6 of the California Penal Code and such further  
                    reasonable standards for training as required by the  
                    Sheriff; 

                  D.        be recommended for such deputization by the  
                    Chief and approved by the Sheriff or his/her designee.  


          With regard to management and supervision the MOU states: 

               The Sheriff's oversight and operational authority under  
               this Agreement will be carried out by a Captain employed by  
               the Santa Clara Officer of the Sheriff who shall act at the  
               direction of the Sheriff in policy matters and at the  
               direction of the Chief<2> in operational matters, unless  
               specifically directed by the Sheriff. . .

               Stanford University agrees to fund the Captain position  
               discussed immediately above and will pay, in quarterly  
               installments, that amount equaling the annual salary and  
               benefits which the Captain receives from the Santa Clara  
               County Officer of the Sheriff. 

          The MOU, additionally, addresses liability: 
          ---------------------------

          <2> According to the MOU, the "operational control and  
          supervision of Stanford Reserves for such functions performed as  
          private citizen employees of Stanford University shall be  
          exercised by the Chief. . ."








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               Stanford University will provide for its own coverage for  
               any potential liability arising from actions of the  
               Stanford Reserves . . . pursuant to the Memorandum and in  
               the event that additional premiums are necessary in order  
               that the Stanford Reserves be covered by the false arrest  
               insurance provided by the County of Santa Clara, Stanford  
               University will agree to pay the additional amount.   The  
               University will also agree to indemnify, save harmless and  
               defend the County of Santa Clara and tis officers, agents  
               and employees from all liability or claims for money or  
               damages, arising from any allege negligent or wrongful acts  
               or omissions of on-duty Stanford Reserves and/or Stanford  
               University excluding any such alleged negligent or wrongful  
               acts or omissions done at the express and specific  
               direction of the Sheriff or any Sheriff's representative.  

          Finally, the MOU sets forth a process for internal affairs  
          investigations: 

               The Sheriff will review and approve Stanford University  
               Department of Public Safety polices guiding Internal  
               Affairs investigations.  The Stanford University Department  
               of Public Safety will notify the Sheriff whenever it  
               intends to conduct an Internal Affairs investigation on a  
               matter that meets the requirements of the Santa Clara  
               County Sheriff's Office General Orders for conducting an  
               Internal Affairs Investigation.  The Sheriff may elect to  
               take responsibility for such investigation.

          4.  Effect of this Legislation


          While the University of the Pacific and Stanford both have  
          agreements with local law enforcement to use reserve officers,  
          University of Southern California has not been able to utilize  
          reserve officers.  According to information provided to the  
          committee, this is because the statutes do not clearly allow for  
          this practice.  This legislation would, thus, make it clear in  
          the Penal Code that local law enforcement agencies could  
          deputize or appoint reserve officers at   private universities  
          in their jurisdiction, even though those officers are being paid  
          by another entity.  










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          5.  Argument in Support


          According to the University of Southern 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. 
               
          6.  Argument in Opposition 

          The American Civil Liberties Union states, with regard to the  
          previous version of the bill: 


               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  









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



                                      -- END -