Amended in Assembly August 19, 2016

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

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

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

P2    1

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 to a contract authorized
25pursuant to paragraphs (1), (2), and (3) of subdivision (a) shall be
26rendered by regularly appointed full-time peace officers, as defined
27in Section 830.1 of the Penal Code. For purposes of a contract
28authorized pursuant to paragraph (4) of subdivision (a), services
P3    1may be rendered by any category of peace officer including reserve
2peacebegin delete officersend deletebegin insert officers,end insert as defined in paragraph (2) of subdivision
3(a) of Section 830.6 of the Penal Code, who are authorized to
4exercise the powers of a peace officer, as defined in Section 830.1
5of the Penal Code, upon mutual agreement between the provider
6and the private school, private college, or private university.

7(2) Notwithstanding paragraph (1), services provided in
8connection with special events or occurrences, as specified in
9paragraph (1) of subdivision (a), may be rendered by Level I
10reserve peace officers, as defined in paragraph (2) of subdivision
11(a) of Section 830.6 of the Penal Code, who are authorized to
12exercise the powers of a peace officer, as defined in Section 830.1
13of the Penal Code, if there are no regularly appointed full-time
14peace officers available to fill the positions as required in the
15contract.

16(d) Peace officer rates of pay shall be governed by a
17memorandum of understanding.

18(e) A contract entered into pursuant to this section shall
19encompass only law enforcement duties and not services authorized
20to be provided by a private patrol operator, as defined in Section
217582.1 of the Business and Professions Code.

22(f) Contracting for law enforcement services, as authorized by
23this section, shall not reduce the normal and regular ongoing
24service that the county, agency of the county, or city otherwise
25would provide.

26(g) Prior to contracting for ongoing services under paragraph
27(2), (3), or (4) of subdivision (a), the board of supervisors or
28legislative body, as applicable, shall discuss the contract and the
29requirements of this section at a duly noticed public hearing.

30(h) Nothing in this section shall prevent a police department
31appointed pursuant to either Sectionbegin delete 89560 of, or Section 92600
32of,end delete
begin insert 72330, 89560, or 92600 ofend insert the Educationbegin delete Codeend deletebegin insert Code,end insert and
33certified by the Commission on Peace Officerbegin delete andend delete Standardsbegin insert andend insert
34 Training pursuant to Section 13551 of the Penalbegin delete Codeend deletebegin insert Code,end insert from
35entering into agreements with private schools, private colleges, or
36private universities to provide law enforcement services.



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