Senate BillNo. 872


Introduced by Senator Hall

January 14, 2016


An act to amend Section 53069.8 of the Government Code, relating to local law enforcement.

LEGISLATIVE COUNSEL’S DIGEST

SB 872, as introduced, Hall. Local law enforcement: supplemental services.

Existing law authorizes the county board of supervisors on behalf of the sheriff, and the legislative body of any city on behalf of the chief of police, to contract to provide supplemental law enforcement services to private individuals, private entities, and private corporations in specified circumstances and subject to certain conditions. Among those conditions are that, prior to contracting for ongoing services to private corporations or private entities, the board of supervisors or legislative body, as applicable, shall discuss the contract and the legal requirements of those contracts at a duly noticed public hearing.

This bill would extend that authorization with respect to providing supplemental law enforcement services to private schools, private colleges, or private universities on an occasional or ongoing basis. The bill would require, prior to contracting for these ongoing services to be provided to a private school, private college, or private university, the board of supervisors or legislative body, as applicable, to discuss the contract and the legal requirements of those contracts at a duly noticed public hearing.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 53069.8 of the Government Code is
2amended to read:

3

53069.8.  

(a) The board of supervisors of any county may
4contract on behalf of the sheriff of that county, and the legislative
5body of any city may contract on behalf of the chief of police of
6that city, to provide supplemental law enforcement services to:

7(1) Private individuals or private entities to preserve the peace
8at special events or occurrences that happen on an occasional basis.

9(2) Private nonprofit corporations that are recipients of federal,
10state, county, or local government low-income housing funds or
11grants to preserve the peace on an ongoing basis.

12(3) Private entities at critical facilities on an occasional or
13ongoing basis. A “critical facility” means any building, structure,
14or complex that in the event of a disaster, whether natural or
15manmade, poses a threat to public safety, including, but not limited
16to, airports, oil refineries, and nuclear and conventional fuel
17powerplants.

begin insert

18(4) Private schools, private colleges, or private universities on
19an occasional or ongoing basis.

end insert

20(b) Contracts entered into pursuant to this section shall provide
21for full reimbursement to the county or city of the actual costs of
22providing those services, as determined by the county auditor or
23auditor-controller, or by the city, as the case may be.

24(c) (1) The services provided pursuant to this section shall be
25rendered by regularly appointed full-time peace officers, as defined
26in Section 830.1 of the Penal Code.

27(2) Notwithstanding paragraph (1), services provided in
28connection with special events or occurrences, as specified in
29paragraph (1) of subdivision (a), may be rendered by Level I
30reserve peace officers, as defined in paragraph (2) of subdivision
31(a) of Section 830.6 of the Penal Code, who are authorized to
32exercise the powers of a peace officer, as defined in Section 830.1
33of the Penal Code, if there are no regularly appointed full-time
34peace officers available to fill the positions as required in the
35contract.

36(d) Peace officer rates of pay shall be governed by a
37memorandum of understanding.

P3    1(e) A contract entered into pursuant to this section shall
2encompass only law enforcement duties and not services authorized
3to be provided by a private patrol operator, as defined in Section
47582.1 of the Business and Professions Code.

5(f) Contracting for law enforcement services, as authorized by
6this section, shall not reduce the normal and regular ongoing
7service that the county, agency of the county, or city otherwise
8would provide.

9(g) Prior to contracting for ongoing services under paragraph
10begin delete (2) or (3)end deletebegin insert (2), (3), or (4)end insert of subdivision (a), the board of supervisors
11or legislative body, as applicable, shall discuss the contract and
12the requirements of this section at a duly noticed public hearing.



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