BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2361|
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                                   THIRD READING 


          Bill No:  AB 2361
          Author:   Santiago (D)
          Amended:  8/11/16 in Senate
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/21/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           ASSEMBLY FLOOR:  71-3, 5/2/16 - See last page for vote

           SUBJECT:   Peace officers: independent institutions of higher  
                     education: security officers


          SOURCE:    California College and University Police Chiefs  
                    Association 
                     University of Southern California

          DIGEST:   This bill allows local law enforcement agencies to  
          deputize or appoint reserve officers at private universities, as  
          specified.


          Senate Floor Amendments of 8/11/16 provide that the authority of  
          a person designated as a peace officer pursuant to this bill  
          applies only while he or she is engaged in the performance of  
          his or her assigned duties for his or her institution of higher  
          education pursuant to the memorandum specified in this bill.   
          These amendments, additionally, provide that the primary duty of  
          a person designated as a peace officer shall be the enforcement  
          of the law upon campuses of his or her institution of higher  
          education and within one mile of the exterior of those campuses,  
          and in or about other grounds and properties owned, operation,  








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          controlled, or administered by the institution of higher  
          education.  


          ANALYSIS:  


          Existing law: 


          1)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).) 


          2)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  







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            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 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).) 


          3)States, in Penal Code Section 830.7, 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:


             a)   Persons designated by a cemetery authority pursuant to  
               Section 8325 of the Health and Safety Code.







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             b)   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.


             c)   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,  
               counties, and cities and counties, as specified.


             d)   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.


             e)   Persons regularly employed as inspectors, supervisors,  
               or security officers for transit districts, as defined in  
               Section 99213 of the Public Utilities Code, as specified.


             f)   Nonpeace officers regularly employed as county parole  
               officers pursuant to Section 3089.


             g)   Persons appointed by the Executive Director of the  
               California Science Center pursuant to Section 4108 of the  
               Food and Agricultural Code.


             h)   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.


             i)   Persons regularly employed by any department of the City  
               of Los Angeles who are designated as security officers and  







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               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.


             j)   Illegal dumping enforcement officers or code enforcement  
               officers, as specified.


          4)Provides that, Penal Code Section 832.6 (a)(1)-(3), every  
            person deputized or appointed shall have the powers of a peace  
            officer only when the person is any of the following:


             a)   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 (Commission). 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 appointment. Reserve officers appointed  
               pursuant to this paragraph shall satisfy the continuing  
               professional training requirement prescribed by the  
               Commission.


             b)   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, 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  







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               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.


             c)   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.


          5)States, in Penal Code Section 832.6(a)(5), 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 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. 


          This bill: 


          1)Provides that, notwithstanding subdivision (b) of Section  
            830.7 of the Penal Code, a person regularly employed as a  
            security officer for an independent institution of higher  







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            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: 


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


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


             c)   That the authority of a person designated as a peace  
               officer pursuant to this bill applies only while he or she  
               is engaged in the performance of his or her assigned  
               duties, for his or her institution of higher education  
               pursuant to the memorandum specified in this bill.  The  
               primary duty of a person designated as a peace officer  
               shall be the enforcement of the law upon campuses of his or  
               her institution of higher education and within one mile of  
               the exterior of those campuses, and in or about other  
               grounds and properties owned, operation, controlled, or  
               administered by the institution of higher education.


          2)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 bill shall be deemed authorized  
            emergency vehicles for all purposes of the law within the  
            jurisdictions specified by the sheriff or the chief of police.  



          Comments








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          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  
          Senate Public Safety Committee, this is because the statutes do  
          not clearly allow for this practice.  This bill, thus, makes 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.  




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/11/16)


          California College and University Police Chiefs Association  
                    (co-source)
          University of Southern California (co-source)
          Association for Los Angeles Deputy Sheriffs
          California Association of Code Enforcement Officers
          California Narcotic Officers Association
          Claremont College Campus Safety Department
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League
          Riverside Sheriffs Association
          University of California, Los Angeles
          Western Association of Campus Law Enforcement
          One individual 


          OPPOSITION:   (Verified8/11/16)


          California Public Defenders Association 

          ASSEMBLY FLOOR:  71-3, 5/2/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  







                                                                    AB 2361  
                                                                    Page  9


            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gomez,  
            Gonzalez, Gray, Grove, Hadley, Holden, Jones, Jones-Sawyer,  
            Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron,  
            Weber, Wilk, Wood, Rendon
          NOES:  Gatto, Irwin, Wagner
          NO VOTE RECORDED:  Beth Gaines, Gordon, Harper, Roger Hernández,  
            Ridley-Thomas, Williams

          Prepared by:Jessica Devencenzi / PUB. S. / 
          8/15/16 20:29:58


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