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), et al.
Amended: 8/16/16 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 8/16/16 add a coauthor.
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
AB 2361
Page 2
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.
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).)
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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
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:
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a) Persons designated by a cemetery authority pursuant to
Section 8325 of the Health and Safety Code.
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.
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i) 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.
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
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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.
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:
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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
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.
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Page 8
Comments
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
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ASSEMBLY FLOOR: 71-3, 5/2/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
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. /
8/17/16 15:58:00
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