Amended in Assembly May 19, 2016

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 amended, 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 arebegin insert that the services shall be rendered by regularly appointed full-time peace officers, as defined, andend insert 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.begin insert The bill would authorize these services to be rendered by any category of peace officer, as specified.end insert 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.begin insert The bill would specify that certain public university and college police departments certified by the Commission on Peace Officer and Standards Training are not prevented from entering into agreements with private schools, private colleges, or private universities to provide law enforcement services.end insert

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.

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

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 tobegin delete this sectionend deletebegin insert a contract
25authorized pursuant to paragraphs (1), (2), and (3) of subdivision
26(a)end insert
shall be rendered by regularly appointed full-time peace
27officers, as defined in Section 830.1 of the Penal Code.begin insert For
28purposes of a contract authorized pursuant to paragraph (4) of
29subdivision (a), services may be rendered by any category of peace
30officer including reserve peace officers as defined in paragraph
P3    1(2) of subdivision (a) of Section 830.6 of the Penal Code, who are
2authorized to exercise the powers of a peace officer, as defined in
3Section 830.1 of the Penal Code, upon mutual agreement between
4the provider and the private school, private college, or private
5 university.end insert

6(2) Notwithstanding paragraph (1), services provided in
7connection with special events or occurrences, as specified in
8paragraph (1) of subdivision (a), may be rendered by Level I
9reserve peace officers, as defined in paragraph (2) of subdivision
10(a) of Section 830.6 of the Penal Code, who are authorized to
11exercise the powers of a peace officer, as defined in Section 830.1
12of the Penal Code, if there are no regularly appointed full-time
13peace officers available to fill the positions as required in the
14contract.

15(d) Peace officer rates of pay shall be governed by a
16memorandum of understanding.

17(e) A contract entered into pursuant to this section shall
18encompass only law enforcement duties and not services authorized
19to be provided by a private patrol operator, as defined in Section
207582.1 of the Business and Professions Code.

21(f) Contracting for law enforcement services, as authorized by
22this section, shall not reduce the normal and regular ongoing
23service that the county, agency of the county, or city otherwise
24would provide.

25(g) Prior to contracting for ongoing services under paragraph
26(2), (3), or (4) of subdivision (a), the board of supervisors or
27legislative body, as applicable, shall discuss the contract and the
28requirements of this section at a duly noticed public hearing.

begin insert

29
(h) Nothing in this section shall prevent a police department
30appointed pursuant to either Section 89560 of, or Section 92600
31of, the Education Code and certified by the Commission on Peace
32Officer and Standards Training pursuant to Section 13551 of the
33Penal Code from entering into agreements with private schools,
34private colleges, or private universities to provide law enforcement
35services.

end insert


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