BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2361


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2361 (Santiago)


          As Amended  August 16, 2016


          Majority vote


           -------------------------------------------------------------------- 
          |ASSEMBLY:  |71-3  |(May 2, 2016)  |SENATE: |38-0  |(August 18,      |
          |           |      |               |        |      |2016)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  PUB. S.


          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.  


          The Senate amendments 


          1)Allow a security officer employed by an independent  
            institution of higher education to 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, as specified, 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 following  
            requirements are met:








                                                                    AB 2361


                                                                    Page  2




             a)   The person has completed the basic training course for  
               deputy sheriffs and police officers prescribed by the  
               Commission on Peace Officer Standards and Training (POST);  
               and,


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


          2)Provide that the authority of a person designated as a peace  
            officer extends to any place in the state and 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, as specified.  The primary duty of a person  
            designated peace officer employed by an institution of higher  
            education shall be the enforcement of the law upon the  
            institution of higher education campus and within one mile of  
            the exterior of those campuses, and in and about other grounds  
            and properties owned, operated, controlled, or administered by  
            the institution of higher education.


          3)State that vehicles owned by an independent institution of  
            higher education that are specifically designated for use by  
            persons designated as peace officers shall be deemed emergency  
            vehicles for all purposes of the law within the institution's  
            jurisdiction.


          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  








                                                                    AB 2361


                                                                    Page  3


            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  
            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  








                                                                    AB 2361


                                                                    Page  4


            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  
               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  








                                                                    AB 2361


                                                                    Page  5


               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;
             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  








                                                                    AB 2361


                                                                    Page  6


               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.   



          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel. 


          AS PASSED BY THE ASSEMBLY, this bill:  


          1)Provided 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 USC and an area within one mile of  
            the exterior boundaries of each thereof, in or about other  
            grounds or properties, owned, operated, controlled, or  
            administered by the USC.
          2)Stated that in order to implement the authority of the state  
            to grant police powers, the local law enforcement shall enter  
            into a MOU which implements the exercise of authority granted  
            by the state, and shall be recognized and duly enforced.









                                                                    AB 2361


                                                                    Page  7



          3)Provided 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)Stated 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 POST.


          5)Provided 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)Stated 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  
            authorized emergency vehicles for all purposes of the law  
            within the institution's jurisdiction.


          7)Provided 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.


          COMMENTS:  "AB 2361 authorizes security guards employed by USC  








                                                                    AB 2361


                                                                    Page  8


          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."


          Please see the policy committee analysis for a full discussion  
                          of this bill.


          Analysis Prepared by:                                             
                          Gregory Pagan / PUB. S. / (916) 319-3744  FN:  
          0004391