BILL NUMBER: AB 3103 CHAPTERED
BILL TEXT
CHAPTER 305
FILED WITH SECRETARY OF STATE JULY 29, 1996
APPROVED BY GOVERNOR JULY 26, 1996
PASSED THE ASSEMBLY JULY 10, 1996
PASSED THE SENATE JULY 7, 1996
AMENDED IN SENATE MAY 23, 1996
AMENDED IN SENATE APRIL 25, 1996
INTRODUCED BY Assembly Member Bowler
FEBRUARY 23, 1996
An act to amend Sections 21665 and 25755 of the Business and
Professions Code, to amend Section 90520 of the Education Code, to
amend Section 6240 of the Family Code, to amend Section 3332 of the
Food and Agricultural Code, to amend Sections 8549.11, 8574.21, 8597,
8598, 9110, 12304, 14600, 14613.5, 14613.7, 14615, 14617, 14685,
20045, 20390, 20401, 22013.2, 68097, 68097.1, 68097.5, 68097.6,
68097.7, 68097.9, and 68097.10 of, to add and repeal Section 11015.5
of, to repeal and add and repeal Section 14613 of, and to repeal
Sections 14613.05, 14613.06, 14613.1, 14613.2, 14613.3, 14613.4, and
16404.5 of, the Government Code, to amend Sections 3212.3 and 4800.5
of the Labor Code, to amend Sections 76, 409.5, 409.6, 626.8, 626.85,
653g, 830.2, 830.4, 12028.5, 12280, 12361, 12368, 12369, 13510.5,
13518, and 13700 of the Penal Code, to amend Sections 6776, 6777,
19232, and 19233 of the Revenue and Taxation Code, to amend Sections
1785 and 1786 of the Unemployment Insurance Code, and to amend
Sections 2268, 2400, 21113, 22659, 22855, 40200.3, 40200.4, and
40200.5 of, and to add Sections 2250.1 and 2428 to, the Vehicle Code,
relating to law enforcement.
LEGISLATIVE COUNSEL'S DIGEST
AB 3103, Bowler. Department of the California Highway Patrol:
executive reorganization.
(1) The Governor's Reorganization Plan No. 1 of 1995, which took
effect on July 12, 1995, abolished the California State Police
Division in the Department of General Services and transferred the
functions of the division and the duties and responsibilities
assigned to that division to the Department of the California Highway
Patrol.
This bill would codify the changes made by the plan. The bill
would require any section of any act enacted during the 1996 calendar
year that substantively amends or otherwise affects a section
affected by this bill to prevail over this bill, whether enacted
prior to, or subsequent to, this bill.
(2) Under existing law, disability benefits payable for eligible
sworn members of the Department of the California Highway Patrol
whose disability is solely the result of cumulative trauma or injury
is required to be limited to the period of temporary disability or
entitlement to maintenance allowance.
This bill would further limit the benefits to the actual period of
temporary disability or entitlement to maintenance allowance, or for
one year, whichever is less.
(3) The bill would require the Commissioner of the Department of
the California Highway Patrol, until January 1, 1998, to appoint an
interagency task force to discuss and recommend methods of improving
security at state agency offices where state employees have direct
contact with the public. The task force would be comprised of
representatives of the Department of Motor Vehicles, the Department
of General Services, the Department of the California Highway Patrol,
the Employment Development Department, the Health and Welfare
Agency, the Department of Industrial Relations, and the Department of
Justice and would present its recommendations for improving security
to the Governor and the Legislature on or before December 31, 1997.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to enact, without substantive change, the Governor's
Reorganization Plan No. 1 of 1995, which took effect July 12, 1995,
and make related, conforming changes.
SEC. 2. Section 21665 of the Business and Professions Code is
amended to read:
21665. (a) Swap meet operators shall retain a copy of the reports
collected by them for six months and shall make the copies available
for inspection, upon request, by a peace officer as defined in
Section 830.1 or subdivision (a) of Section 830.3 of the Penal Code,
or a peace officer of the Department of the California Highway Patrol
as defined in subdivision (a) of Section 830.2 of the Penal Code,
when the swap meet occurs on state property, or properly identified
representatives of the State Board of Equalization or Department of
Justice.
(b) Vendors shall have available for inspection during the swap
meet a completed copy of the report form which was submitted to the
swap meet operator describing the goods offered or displayed for sale
or exchange at the swap meet.
SEC. 3. Section 25755 of the Business and Professions Code is
amended to read:
25755. (a) The director and the persons employed by the
department for the administration and enforcement of this division
are peace officers in the enforcement of the penal provisions of this
division, the rules of the department adopted under the provisions
of this division, and any other penal provisions of law of this state
prohibiting or regulating the sale, exposing for sale, use,
possession, giving away, adulteration, dilution, misbranding, or
mislabeling of alcoholic beverages or intoxicating liquors, and these
persons are authorized, while acting as peace officers, to enforce
any penal provisions of law while in the course of their employment.
(b) The director, the persons employed by the department for the
administration and enforcement of this division, peace officers
listed in Section 830.1 of the Penal Code, and those officers listed
in Section 830.6 of the Penal Code while acting in the course and
scope of their employment as peace officers may, in enforcing the
provisions of this division, visit and inspect the premises of any
licensee at any time during which the licensee is exercising the
privileges authorized by his or her license on the premises.
(c) Peace officers of the Department of the California Highway
Patrol, members of the University of California and California State
University police departments, and peace officers of the Department
of Parks and Recreation, as defined in subdivisions (a), (b), (c),
and (f) of Section 830.2 of the Penal Code, may, in enforcing this
division, visit and inspect the premises of any licensee located on
state property at any time during which the licensee is exercising
the privileges authorized by his or her license on the premises.
(d) Any agents assigned to the Drug Enforcement Narcotics Team by
the director shall have successfully completed a four-week course on
narcotics enforcement approved by the Commission on Peace Officer
Standards and Training. In addition, all other agents of the
department shall successfully complete the four-week course on
narcotics enforcement approved by the Commission on Peace Officer
Standards and Training by June 1, 1995.
SEC. 4. Section 90520 of the Education Code is amended to read:
90520. The trustees shall not be charged or otherwise assessed
for Department of the California Highway Patrol services to the
chancellor's office or any state facility under the control of the
chancellor's office, except for those patrol services requested by
the trustees.
SEC. 5. Section 6240 of the Family Code is amended to read:
6240. As used in this part:
(a) "Judicial officer" means a judge, commissioner, or referee
designated under Section 6241.
(b) "Law enforcement officer" means one of the following officers
who requests or enforces an emergency protective order under this
part:
(1) A police officer.
(2) A sheriff's officer.
(3) A peace officer of the Department of the California Highway
Patrol.
(4) A peace officer of the University of California Police
Department.
(5) A peace officer of the California State University and College
Police Departments.
(6) A peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2 of the Penal Code.
(7) A housing authority patrol officer, as defined in subdivision
(d) of Section 830.31 of the Penal Code.
SEC. 6. Section 3332 of the Food and Agricultural Code is amended
to read:
3332. The board has authority to do any of the following:
(a) Contract.
(b) Accept funds or gifts of value from the United States or any
person to aid in carrying out the purposes of this part.
(c) Conduct or contract for programs, either independently or in
cooperation with any individual, public or private organization, or
federal, state, or local governmental agency.
(d) Establish and maintain a bank checking account or a savings
and loan association account, approved by the Director of Finance in
accordance with Sections 16506 and 16605 of the Government Code, for
depositing funds appropriated to the California Exposition and State
Fair pursuant to subdivision (a) of Section 19622 of the Business and
Professions Code. The Department of Finance shall audit the account
at the end of each fiscal year.
(e) Make or adopt all necessary orders, rules, or regulations for
governing the activities of the California Exposition and State Fair.
(f) Delegate to the officers and employees of the California
Exposition and State Fair the authority to appoint civil service
personnel according to state civil service procedures.
(g) Delegate to the officers and employees of the California
Exposition and State Fair the exercise of powers vested in the board
as the board may deem desirable for the orderly management and
operation of the California Exposition and State Fair.
(h) Appoint all necessary marshals and police to keep order and
preserve peace at the California Exposition and State Fair premises
on a year-round basis who shall have the powers of peace officers
specified in Section 830.2 of the Penal Code. A peace officer of the
Department of the California Highway Patrol may be employed as a
peace officer while off duty from his or her regular employment,
subject to those conditions as may be set forth by the Commissioner
of the Department of the California Highway Patrol. At least 75
percent of the persons appointed pursuant to this subdivision shall
possess the basic certificate issued by the Commission on Peace
Officers Standards and Training. The remaining 25 percent may be
appointed if the person has completed a Peace Officer Standards and
Training certified academy or possesses a Level One Reserve
Certificate (as defined in Section 832.6 of the Penal Code).
(i) Lease, with the approval of the Department of General
Services, any of its property for any purpose for any period of time.
(j) Use or manage any of its property, with the approval of the
Department of General Services, jointly or in connection with any
lessee or sublessee, for any purpose approved by the board.
SEC. 7. Section 8549.11 of the Government Code is amended to read:
8549.11. (a) The team shall be comprised of all of the following:
(1) The Chief of the Occupational Safety and Health Division of
the Department of Industrial Relations.
(2) The Commissioner of the Department of the California Highway
Patrol.
(3) The Director of the Office of Emergency Services.
(4) The Director of Finance.
(5) The Director of General Services.
(6) The Director of Health Services.
(7) The State Fire Marshal.
(8) The Director of Forestry and Fire Protection.
(b) The team shall be chaired by the Commissioner of the
Department of the California Highway Patrol.
SEC. 8. Section 8574.21 of the Government Code is amended to read:
8574.21. (a) Not later than one year after the effective date of
this article, the Office of Emergency Services shall develop the
curriculum to be used in classes which meet the program requirements
and shall adopt standards and procedures for training instructors at
the California Specialized Training Institute.
(b) The curriculum for the training and education program
established pursuant to this article shall include all of the
following aspects of hazardous substance incident response actions:
(1) First responder training.
(2) On-scene manager training.
(3) Hazardous substance incident response training for management
personnel.
(4) Hazardous materials specialist training that equals or exceeds
the standards of the National Fire Protection Association.
(5) Environmental monitoring.
(6) Hazardous substance release investigations.
(7) Hazardous substance incident response activities at ports.
(c) The Office of Emergency Services shall establish a curriculum
development advisory committee, which shall consist of a
representative from each of the following agencies or organizations:
(1) The Office of Emergency Services.
(2) The Office of the State Fire Marshal.
(3) The State Department of Health Services.
(4) The Department of Fish and Game.
(5) The State Water Resources Control Board.
(6) The Department of the California Highway Patrol.
(7) The California Police Chiefs' Association.
(8) The California Fire Chiefs' Association.
(9) The Commission on Police Officer Standards and Training.
(10) The California District Attorneys' Association.
(11) The Department of Forestry and Fire Protection.
(12) The Emergency Medical Services Authority.
(13) The Department of Transportation.
(14) The Environmental Protection Agency.
(15) The Chemical Industry Council of California.
(16) The California Manufacturers Association.
(17) The California Conference of Local Health Officers.
(18) The University of California.
(19) The California State Fireman's Association.
(20) The California State University.
(21) The California Professional Firefighters.
(22) The California Association of Highway Patrolmen.
(d) The curriculum development advisory committee shall advise the
Office of Emergency Services on the development of course curricula
and the standards and procedures specified in subdivision (a). In
advising the Office of Emergency Services, the committee shall do the
following:
(1) Assist, and cooperate with, representatives of the Board of
Governors of the California Community Colleges in developing the
course curricula.
(2) Ensure that the curriculum developed pursuant to this section
is accredited by the State Board of Fire Services.
(3) Define equivalent training and experience considered as
meeting the initial training requirements as specified in subdivision
(a) that existing employees might have already received from actual
experience or formal education undertaken, and which would qualify as
meeting the requirements established pursuant to this article.
(e) The representative from the Office of Emergency Services shall
serve as the chairperson of the curriculum development advisory
committee.
(f) After the course curricula and standards are established
pursuant to subdivision (a), the curriculum development advisory
committee shall meet at least once each year to review the program
and advise the Office of Emergency Services on any required
revisions.
(g) The Office of Emergency Services shall make the curriculum
development advisory committee a subcommittee of the Curriculum
Advisory Board of the California Specialized Training Institute.
(h) This article does not affect the authority of the State Fire
Marshal granted pursuant to Section 13142.4 or 13159 of the Health
and Safety Code.
(i) Upon completion of instructor training and certification
pursuant to subdivision (e) of Section 8574.20 by any employee of the
Department of the California Highway Patrol, the Commissioner of the
Department of the California Highway Patrol may deem any training
programs taught by that employee to be equivalent to any training
program meeting the requirements established pursuant to this
article.
SEC. 9. Section 8597 of the Government Code is amended to read:
8597. Whenever a state of emergency is proclaimed to exist within
any region or area, or whenever a state of war emergency exists, the
following classes of state employees who are within the region or
area proclaimed or who may be assigned to duty therein shall be peace
officers and shall have the full powers and duties of those officers
for all purposes as provided by Section 830.1 of the Penal Code, and
shall perform those duties and exercise any powers which are
appropriate or which may be directed by their superior officers:
(a) All peace officers of the Department of the California Highway
Patrol.
(b) All deputies of the Department of Fish and Game who have been
appointed to enforce the provisions of the Fish and Game Code
pursuant to Section 851 of that code.
(c) The Director of Forestry and Fire Protection and the classes
of the Department of Forestry and Fire Protection who are designated
by the Director of Forestry and Fire Protection as having the powers
of peace officers pursuant to Section 4156 of the Public Resources
Code.
(d) Peace officers who are state employees within the provisions
of Section 830.5 of the Penal Code.
SEC. 10. Section 8598 of the Government Code is amended to read:
8598. Whenever a local emergency exists within a region or area
of the state and the Department of the California Highway Patrol or
the Department of Corrections or the Department of the Youth
Authority employing any peace officer within Section 830.5 of the
Penal Code is requested by properly constituted local authorities to
assist local law enforcement, the officers assigned to assist within
the designated regions or areas shall have the full powers of peace
officers within the meaning of Section 830.1 of the Penal Code and
shall perform those duties and exercise those powers as are
appropriate or as may be directed by their superior officers.
SEC. 11. Section 9110 of the Government Code is amended to read:
9110. (a) The maintenance and operation of all of the State
Capitol Building Annex is under the control of the Department of
General Services, subject to this article.
(b) Security of the State Capitol Building Annex is the
responsibility of the Department of the California Highway Patrol.
SEC. 12. Section 11015.5 is added to the Government Code, to read:
11015.5. (a) The Commissioner of the Department of the California
Highway Patrol shall appoint an interagency task force to discuss
and recommend methods of improving security at state agency offices
where state employees have direct contact with the public. The task
force shall be comprised of representatives of the Department of
Motor Vehicles, the Department of General Services, the Department of
the California Highway Patrol, the Employment Development
Department, the Health and Welfare Agency, the Department of
Industrial Relations, and the Department of Justice. Funding for the
task force shall be made by utilizing the existing resources of
represented agencies and departments. The task force shall present
its recommendations for improving security to the Governor and the
Legislature on or before December 31, 1997.
(b) This section shall remain in effect only until January 1,
1998, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 1998, deletes or extends
that date.
SEC. 13. Section 12304 of the Government Code is amended to read:
12304. Every employee of the Treasurer's office when performing
assigned duties as a guard or messenger has the powers and authority
conferred by law upon peace officers listed in Section 830.4 of the
Penal Code. Peace officers of the Department of the California
Highway Patrol shall make routine inspections of the premises of the
Treasurer's office after normal working hours each day and on
Saturdays, Sundays, and holidays.
SEC. 14. Section 14600 of the Government Code is amended to read:
14600. The Legislature declares that a centralization of business
management functions and services of state government is necessary
to take advantage of specialized techniques and skills, provide
uniform management practices, and to insure a continuing high level
of efficiency and economy. A Department of General Services is
created to provide centralized services including, but not limited
to, planning, acquisition, construction, and maintenance of state
buildings and property; purchasing; printing; architectural
services; administrative hearings; and accounting services. The
Department of General Services shall develop and enforce policy and
procedures and shall institute or cause the institution of those
investigations and proceedings as it deems proper to assure effective
operation of all functions performed by the department and to
conserve the rights and interests of the state.
SEC. 15. Section 14613 of the Government Code is repealed.
SEC. 16. Section 14613 is added to the Government Code, to read:
14613. (a) The Governor may appoint the person, who, on the date
of the transfer of the California State Police Division to the
Department of the California Highway Patrol, is serving as the Chief
of the California State Police Division, to the position of Deputy
Chief within the Department of the California Highway Patrol for a
period of 12 months. The position has the powers of a peace officer
as defined in Section 830.2 of the Penal Code. The authorization for
this position of Deputy Chief expires 12 months after the effective
date of the Governor's appointment. The Governor shall notify the
Secretary of State of the effective date of that appointment.
(b) This section shall remain in effect only until 12 months after
the effective date of the appointment described in subdivision (a)
and as of that date is repealed.
SEC. 17. Section 14613.05 of the Government Code is repealed.
SEC. 18. Section 14613.06 of the Government Code is repealed.
SEC. 19. Section 14613.1 of the Government Code, as added by
Chapter 279 of the Statutes of 1967, is repealed.
SEC. 20. Section 14613.1 of the Government Code, as amended by
Section 2 of Chapter 453 of the Statutes of 1981, is repealed.
SEC. 21. Section 14613.2 of the Government Code is repealed.
SEC. 22. Section 14613.3 of the Government Code is repealed.
SEC. 23. Section 14613.4 of the Government Code is repealed.
SEC. 24. Section 14613.5 of the Government Code is amended to
read:
14613.5. The Department of the California Highway Patrol shall
present to the host agency or family member designated by the host
agency of any peace officer who is killed in the line of duty in
California, the flag that was flown at half-staff over the State
Capitol Building in memory of the officer and a memorial certificate.
SEC. 25. Section 14613.7 of the Government Code is amended to
read:
14613.7. (a) Each state agency that is protected by the
Department of the California Highway Patrol, those state agencies
currently being protected by contract private security companies, or
those state agencies currently under contract with a local
governmental law enforcement agency for general law enforcement
services, excluding all current mutual aid agreements, shall, as soon
as practical, report to the Department of the California Highway
Patrol all crimes and criminally caused property damage on
state-owned or state-leased property where state employees are
discharging their duties. This section shall not apply to incidents
that result in the filing of Incidence Memoranda issued by the Parole
Divisions of the Department of Corrections and the Department of the
Youth Authority.
(b) The Department of the California Highway Patrol shall compile
the information received pursuant to subdivision (a) and shall report
to the Legislature, as necessary, on the status of criminal activity
on state-owned and leased properties as specified in subdivision
(a).
SEC. 26. Section 14615 of the Government Code is amended to read:
14615. (a) The department has general powers of supervision over
all matters concerning the financial and business policies of the
state in regard to the duties, powers, responsibilities, and
jurisdiction specifically vested in the department. Whenever the
department deems it necessary, or at the instance of the Governor, it
shall institute or cause the institution of those investigations and
proceedings as it deems proper to conserve the rights and interests
of the state.
(b) The Department of the California Highway Patrol has
jurisdiction over those matters related to the security of state
officers, property, and occupants of state property. The Department
of the California Highway Patrol may also assist the department in
the department's investigations conducted pursuant to subdivision
(a).
SEC. 27. Section 14617 of the Government Code is amended to read:
14617. The Office of the State Architect and the California
Building Standards Commission, in consultation with offices and
divisions within the Department of General Services, and with the
Department of the California Highway Patrol, shall jointly adopt
regulations in Title 24 of the California Code of Regulations to
establish a standard of lighting for parking lots at the University
of California, California State University, and California Community
Colleges. This standard shall be adopted and submitted to the
California Building Standards Commission for approval on or before
June 30, 1991, and published by the commission in the 1992 triennial
publication of the California Building Code.
The Office of the State Architect shall also adopt regulations in
Title 24 of the California Code of Regulations to establish the
Illumination Engineering Society Handbook recommendations as the
standard lighting level for primary campus walkways used at night at
the University of California, California State University, and
California Community Colleges. These regulations shall be adopted
and submitted to the California Building Standards Commission for
approval on or before June 30, 1991, and published by the commission
in the 1992 triennial publication of the California Building Code.
This section shall not apply to the University of California
unless the Regents of the University of California, by resolution,
makes it applicable.
SEC. 28. Section 14685 of the Government Code is amended to read:
14685. (a) The director shall appoint assistants, clerks, and
employees as may be necessary to maintain the state buildings and
grounds. The employees shall not have or perform the duties or
functions of peace officers.
The department may establish rules and regulations for the
government and maintenance of the state buildings and grounds. Every
person who violates or attempts to violate the rules and regulations
is guilty of a misdemeanor.
(b) Information regarding missing children provided by the
Department of Justice pursuant to Section 11114.1 of the Penal Code
shall be posted in public areas of all state-owned or leased
buildings that have at least 20,000 square feet of office space, or
that are staffed by at least 50 employees, or where service is
provided to the general public and in other public areas of
state-owned or leased buildings as determined by the department to be
reasonable.
(c) (1) The Department of the California Highway Patrol may
establish rules and regulations pertaining to the protection of state
employees, properties, buildings and grounds, and occupants of state
properties, including, but not limited to, the issuance of permits
concerning the use of state buildings, properties, and grounds.
(2) A violation of any rule or regulation adopted pursuant to
paragraph (1) is a misdemeanor.
(3) This subdivision does not apply to state buildings or grounds
owned, leased, rented, controlled, used, or occupied by the
University of California, the California State University, Hastings
College of the Law, the California Exposition and State Fair, the
state hospitals of the State Department of Mental Health or the State
Department of Developmental Services, the institutions and camps of
the Department of Corrections or the Department of the Youth
Authority, and the parks and beaches of the Department of Parks and
Recreation.
SEC. 29. Section 16404.5 of the Government Code is repealed.
SEC. 30. Section 20045 of the Government Code is amended to read:
20045. (a) "Highway patrol service" means service rendered as a
patrol member of the Department of the California Highway Patrol or,
after August 31, 1923, the highway patrol of any county, only while
the member is receiving compensation from the state or county for
that service, except as provided in Article 4 (commencing with
Section 20990) of Chapter 11.
(b) "Highway patrol service" does not include service rendered as
a peace officer/firefighter member of the Department of the
California Highway Patrol, when the service is rendered while the
member is a designated peace officer under subdivision (a) of Section
2250.1 of the Vehicle Code.
SEC. 31. Section 20390 of the Government Code is amended to read:
20390. (a) "Patrol member" includes all members employed in the
Department of the California Highway Patrol or by a county in
connection with its highway patrol function, respectively, whose
principal duties consist of active law enforcement service, except
those whose principal duties are those of a telephone operator,
clerk, stenographer, machinist, mechanic, or otherwise clearly do not
fall within the scope of active law enforcement service, even though
the person is subject to occasional call, or is occasionally called
upon, to perform duties within the scope of active law enforcement
service.
(b) "Patrol member" does not include employees of the Department
of the California Highway Patrol who are designated as peace officers
by the Commissioner of the California Highway Patrol under
subdivision (a) of Section 2250.1 of the Vehicle Code.
SEC. 32. Section 20401 of the Government Code is amended to read:
20401. "State safety member" means all persons within the
Department of Justice designated as peace officers and performing
investigative duties and whose
principal duties consist of active law enforcement, but
excluding clerical personnel or those whose principal duties are that
of telephone operator, machinist, mechanic, security officer, or
otherwise clearly not within the scope of active law enforcement,
even though the person is subject to occasional call, or is
occasionally called upon to perform duties within the scope of active
law enforcement.
SEC. 33. Section 22013.2 of the Government Code is amended to
read:
22013.2. "Policeman" as used in this part also includes members
of the Department of the California Highway Patrol who are designated
as peace officers under subdivision (a) of Section 2250.1 of the
Vehicle Code and whose principal duties consist of active law
enforcement.
SEC. 34. Section 68097 of the Government Code is amended to read:
68097. Witnesses in civil cases may demand the payment of their
mileage and fees for one day, in advance, and when so demanded shall
not be compelled to attend until the allowances are paid except as
hereinafter provided for employees of the Department of Justice who
are peace officers or analysts in technical fields, peace officers of
the Department of the California Highway Patrol, peace officer
members of the State Fire Marshal's office, other state employees,
sheriffs, deputy sheriffs, marshals, deputy marshals, district
attorney inspectors, probation officers, building inspectors,
firefighters, and city police officers. For the purposes of this
section and Sections 68097.1 to 68097.10, inclusive, only, the term
"peace officer of the California Highway Patrol" shall include those
persons employed as vehicle inspection specialists by the Department
of the California Highway Patrol, the term "firefighter" has the
definition provided in Section 50925, and a volunteer firefighter
shall be deemed to be employed by the public entity for which he or
she volunteers as a firefighter.
SEC. 35. Section 68097.1 of the Government Code is amended to
read:
68097.1. (a) Whenever an employee of the Department of Justice
who is a peace officer or an analyst in a technical field, peace
officer of the Department of the California Highway Patrol, peace
officer member of the State Fire Marshal's office, sheriff, deputy
sheriff, marshal, deputy marshal, district attorney inspector,
probation officer, building inspector, firefighter, or city police
officer is required as a witness before any court or other tribunal
in any civil action or proceeding in connection with a matter
regarding an event or transaction which he or she has perceived or
investigated in the course of his or her duties, a subpoena requiring
his or her attendance may be served by delivering a copy either to
the person personally, or by delivering two copies to his or her
immediate superior at the public entity by which he or she is
employed or an agent designated by that immediate superior to receive
that service.
(b) Whenever any other state employee is required as a witness
before any court or other tribunal in any civil action or proceeding
in connection with a matter, event, or transaction concerning which
he or she has expertise gained in the course of his or her duties, a
subpoena requiring his or her attendance may be served by delivering
a copy either to the person personally or by delivering two copies to
his or her immediate superior or agent designated by that immediate
superior to receive that service.
(c) The attendance of any person described in subdivisions (a) and
(b) may be required pursuant to this section only in accordance with
Section 1989 of the Code of Civil Procedure.
(d) As used in this section and in Sections 68097.2 and 68097.5,
"tribunal" means any person or body before whom or which attendance
of witnesses may be required by subpoena, including an arbitrator in
arbitration proceedings.
SEC. 36. Section 68097.5 of the Government Code is amended to
read:
68097.5. No employee of the Department of Justice who is a peace
officer or an analyst in a technical field, peace officer of the
Department of the California Highway Patrol, peace officer member of
the State Fire Marshal's office, sheriff, deputy sheriff, marshal,
deputy marshal, firefighter, or city police officer shall be ordered
to return by the court for subsequent proceedings beyond the day
stated in the subpoena referred to in Sections 68097.1, 68097.2,
68097.3 and 68097.4, or the day upon which the witness appeared
pursuant to the provisions of Section 68097.9, unless the party at
whose request the subpoena was issued or the party at whose request
the witness is ordered to return, shall first tender to the public
entity by which the witness is employed the same sum required to be
tendered for the issuance of a subpoena in the first instance.
SEC. 37. Section 68097.6 of the Government Code is amended to
read:
68097.6. Sections 68097.1, 68097.2, 68097.3, 68097.4, and 68097.5
of this code shall be applicable to subpoenas issued for the taking
of depositions of employees of the Department of Justice who are
peace officers or analysts in technical fields, peace officers of the
Department of the California Highway Patrol, peace officer members
of the State Fire Marshal's office, sheriffs, deputy sheriffs,
marshals, deputy marshals, firefighters, or city police officers
pursuant to Section 2019 of the Code of Civil Procedure.
SEC. 38. Section 68097.7 of the Government Code is amended to
read:
68097.7. Any person who pays or offers to pay any money or other
form of consideration for the services of any employee of the
Department of Justice who is a peace officer or an analyst in a
technical field, peace officer of the Department of the California
Highway Patrol, peace officer member of the State Fire Marshal's
office, sheriff, deputy sheriff, marshal, deputy marshal,
firefighter, or city police officer as a witness in any action or
proceeding in connection with a matter regarding an event or
transaction which he or she has perceived or investigated in the
course of his or her duties in any manner other than as provided in
Sections 68097.1, 68097.2, 68097.3, 68097.4, 68097.5, and 68097.6 is
guilty of a misdemeanor, and any employee of the Department of
Justice who is a peace officer or an analyst in a technical field,
peace officer of the Department of the California Highway Patrol,
peace officer member of the State Fire Marshal's office, sheriff,
deputy sheriff, marshal, deputy marshal, firefighter, or city police
officer who asks or receives a payment except as provided in Sections
68097.2 and 68097.4 is likewise guilty of a misdemeanor.
SEC. 39. Section 68097.9 of the Government Code is amended to
read:
68097.9. An employee of the Department of Justice who is a peace
officer or an analyst in a technical field, peace officer of the
Department of the California Highway Patrol, peace officer member of
the State Fire Marshal's office, sheriff, deputy sheriff, marshal,
deputy marshal, firefighter, or city police officer who has been
subpoenaed pursuant to Section 68097.1, 68097.3, or 68097.6, may, in
lieu of attendance at the time specified in the subpoena, agree with
the party at whose request the subpoena was issued to appear at
another time or pursuant to notice as may be agreed upon.
SEC. 40. Section 68097.10 of the Government Code is amended to
read:
68097.10. Whenever an employee of the Department of Justice who
is a peace officer or an analyst in a technical field, peace officer
of the Department of the California Highway Patrol, peace officer
member of the State Fire Marshal's office, sheriff, deputy sheriff,
marshal, deputy marshal, firefighter, or city police officer appears
as a witness pursuant to Section 68097.1 and reimbursement is not
made as provided for in Section 68097.2, then the Department of
Justice, the Department of the California Highway Patrol, the State
Fire Marshal's office, or the public entity employing the employee,
sheriff, deputy sheriff, marshal, deputy marshal, firefighter, or
city police officer shall have standing to bring an action in order
to recover the funds.
SEC. 41. Section 3212.3 of the Labor Code is amended to read:
3212.3. In the case of a peace officer who is designated under
subdivision (a) of Section 2250.1 of the Vehicle Code and who has
graduated from an academy certified by the Commission on Peace
Officer Standards and Training, when that officer is employed upon a
regular, full-time salary, the term "injury," as used in this
division, includes heart trouble and pneumonia which develops or
manifests itself during a period while that officer is in the service
of the Department of the California Highway Patrol. The
compensation which is awarded for the heart trouble or pneumonia
shall include full hospital, surgical, medical treatment, disability
indemnity, and death benefits as provided by this division.
The heart trouble or pneumonia so developing or manifesting itself
shall be presumed to arise out of and in the course of the
employment. However, a peace officer of the Department of the
California Highway Patrol, as designated under subdivision (a) of
Section 2250.1 of the Vehicle Code, shall have served five years or
more in that capacity or as a peace officer with the former
California State Police Division, or in both capacities, before the
presumption shall arise as to the compensability of heart trouble so
developing or manifesting itself. This presumption is disputable and
may be controverted by other evidence, but unless so controverted,
the appeals board is bound to find in accordance with it. This
presumption shall be extended to a member following termination of
service for a period of three calendar months for each full year of
the requisite service, but not to exceed 60 months in any
circumstance, commencing with the last date actually worked in the
specified capacity.
The heart trouble or pneumonia so developing or manifesting itself
in these cases shall in no case be attributed to any disease
existing prior to that development or manifestation.
The term "peace officers" as used herein shall be limited to
those employees of the Department of the California Highway Patrol
who are designated as peace officers under subdivision (a) of Section
2250.1 of the Vehicle Code.
SEC. 42. Section 4800.5 of the Labor Code is amended to read:
4800.5. (a) Whenever any sworn member of the Department of the
California Highway Patrol is disabled by a single injury, excluding
disabilities that are the result of cumulative trauma or cumulative
injuries, arising out of and in the course of his or her duties, he
or she shall become entitled, regardless of his or her period of
service with the patrol, to leave of absence while so disabled
without loss of salary, in lieu of disability payments under this
chapter, for a period of not exceeding one year. This section shall
apply only to members of the Department of the California Highway
Patrol whose principal duties consist of active law enforcement and
shall not apply to persons employed in the Department of the
California Highway Patrol whose principal duties are those of
telephone operator, clerk, stenographer, machinist, mechanic, or
otherwise clearly not falling within the scope of active law
enforcement service, even though this person is subject to occasional
call or is occasionally called upon to perform the duties of active
law enforcement service.
(b) Benefits payable for eligible sworn members of the Department
of the California Highway Patrol whose disability is solely the
result of cumulative trauma or injury shall be limited to the actual
period of temporary disability or entitlement to maintenance
allowance, or for one year, whichever is less.
(c) This section shall not apply to periods of disability that
occur subsequent to termination of employment by resignation,
retirement, or dismissal. When this section does not apply, the
employee shall be eligible for those benefits that would apply had
this section not been enacted.
(d) The appeals board may determine, upon request of any party,
whether or not the disability referred to in this section arose out
of and in the course of duty. In any action in which a dispute
exists regarding the nature of the injury or the period of temporary
disability or entitlement to maintenance allowance, or both, and upon
the request of any party thereto, the appeals board shall determine
when the disability commenced and ceased, and the amount of benefits
provided by this division to which the employee is entitled during
the period of this disability. The appeals board shall have the
jurisdiction to award and enforce payment of these benefits, subject
to subdivision (a) or (b), pursuant to Part 4 (commencing with
Section 5300). A decision issued by the appeals board under this
section is final and binding upon the parties subject to the rights
of appeal contained in Chapter 7 (commencing with Section 5900) of
Part 4.
(e) Except as provided in subdivision (g), this section shall
apply for periods of disability commencing on or after January 1,
1995.
(f) This section does not apply to peace officers designated under
subdivision (a) of Section 2250.1 of the Vehicle Code.
(g) Peace officers of the California State Police Division who
become sworn members of the Department of the California Highway
Patrol as a result of the Governor's Reorganization Plan No. 1 of
1995, other than those officers described in subdivision (f), shall
be eligible for injury benefits accruing to sworn members of the
Department of the California Highway Patrol under this division only
for injuries occurring on or after July 12, 1995.
SEC. 43. Section 76 of the Penal Code is amended to read:
76. (a) Every person who knowingly and willingly threatens the
life of, or threatens serious bodily harm to, any elected public
official, county public defender, county clerk, exempt appointee of
the Governor, judge, or Deputy Commissioner of the Board of Prison
Terms, or the staff or immediate family of any elected public
official, county public defender, county clerk, exempt appointee of
the Governor, judge, or Deputy Commissioner of the Board of Prison
Terms, with the specific intent that the statement is to be taken as
a threat, and the apparent ability to carry out that threat by any
means, is guilty of a public offense, punishable as follows:
(1) Upon a first conviction, the offense is punishable by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both that fine and imprisonment.
(2) If the person has been convicted previously of violating this
section, the previous conviction shall be charged in the accusatory
pleading, and if the previous conviction is found to be true by the
jury upon a jury trial, or by the court upon a court trial, or is
admitted by the defendant, the offense is punishable by imprisonment
in the state prison.
(b) (1) Any law enforcement agency which has knowledge of a
violation of this section shall immediately report that information
to the California Department of Justice.
(2) In addition to the reporting requirement imposed by paragraph
(1), if a violation of this section occurs that involves a
constitutional officer of the state, a Member of the Legislature, or
a member of the judiciary, the law enforcement agency which has
knowledge of the violation shall immediately report that information
to the Department of the California Highway Patrol.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Apparent ability to carry out that threat" includes the
ability to fulfill the threat at some future date when the person
making the threat is an incarcerated prisoner with a stated release
date.
(2) "Serious bodily harm" includes serious physical injury or
serious traumatic condition.
(3) "Immediate family" means a spouse, parent, or child, or anyone
who has regularly resided in the household for the past six months.
(4) "Staff of a judge" means court officers and employees.
(5) "Threat" means a verbal or written threat or a threat implied
by a pattern of conduct or a combination of verbal or written
statements and conduct made with the intent and the apparent ability
to carry out the threat so as to cause the person who is the target
of the threat to reasonably fear for his or her safety or the safety
of his or her immediate family.
(d) As for threats against staff, the threat must relate directly
to the official duties of the staff of the elected public official,
county public defender, county clerk, exempt appointee of the
Governor, judge, or Deputy Commissioner of the Board of Prison Terms
in order to constitute a public offense under this section.
(e) A threat must relate directly to the official duties of a
Deputy Commissioner of the Board of Prison Terms in order to
constitute a public offense under this section.
SEC. 44. Section 409.5 of the Penal Code is amended to read:
409.5. (a) Whenever a menace to the public health or safety is
created by a calamity including a flood, storm, fire, earthquake,
explosion, accident, or other disaster, officers of the Department of
the California Highway Patrol, police departments, marshal's office
or sheriff's office, any officer or employee of the Department of
Forestry and Fire Protection designated a peace officer by
subdivision (g) of Section 830.2, any officer or employee of the
Department of Parks and Recreation designated a peace officer by
subdivision (f) of Section 830.2, any officer or employee of the
Department of Fish and Game designated a peace officer under
subdivision (e) of Section 830.2, and any publicly employed full-time
lifeguard or publicly employed full-time marine safety officer while
acting in a supervisory position in the performance of his or her
official duties, may close the area where the menace exists for the
duration thereof by means of ropes, markers, or guards to any and all
persons not authorized by the lifeguard or officer to enter or
remain within the enclosed area. If the calamity creates an
immediate menace to the public health, the local health officer may
close the area where the menace exists pursuant to the conditions set
forth in this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, marshal's office or sheriff's office, officers of
the Department of Fish and Game designated as peace officers by
subdivision (e) of Section 830.2, or officers of the Department of
Forestry and Fire Protection designated as peace officers by
subdivision (g) of Section 830.2 may close the immediate area
surrounding any emergency field command post or any other command
post activated for the purpose of abating any calamity enumerated in
this section or any riot or other civil disturbance to any and all
unauthorized persons pursuant to the conditions set forth in this
section whether or not the field command post or other command post
is located near to the actual calamity or riot or other civil
disturbance.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within the area after receiving notice to evacuate or leave
shall be guilty of a misdemeanor.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.
SEC. 45. Section 409.6 of the Penal Code is amended to read:
409.6. (a) Whenever a menace to the public health or safety is
created by an avalanche, officers of the Department of the California
Highway Patrol, police departments, or sheriff's offices, any
officer or employee of the Department of Forestry and Fire Protection
designated a peace officer by subdivision (g) of Section 830.2, and
any officer or employee of the Department of Parks and Recreation
designated a peace officer by subdivision (f) of Section 830.2, may
close the area where the menace exists for the duration thereof by
means of ropes, markers, or guards to any and all persons not
authorized by that officer to enter or remain within the closed area.
If an avalanche creates an immediate menace to the public health,
the local health officer may close the area where the menace exists
pursuant to the conditions which are set forth above in this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, or sheriff's offices, or officers of the
Department of Forestry and Fire Protection designated as peace
officers by subdivision (g) of Section 830.2, may close the immediate
area surrounding any emergency field command post or any other
command post activated for the purpose of abating hazardous
conditions created by an avalanche to any and all unauthorized
persons pursuant to the conditions which are set forth in this
section whether or not that field command post or other command post
is located near the avalanche.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within that area, or any unauthorized person who willfully
remains within an area closed pursuant to subdivision (a) or (b),
after receiving notice to evacuate or leave from a peace officer
named in subdivision (a) or (b), shall be guilty of a misdemeanor.
If necessary, a peace officer named in subdivision (a) or (b) may use
reasonable force to remove from the closed area any unauthorized
person who willfully remains within that area after receiving notice
to evacuate or leave.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.
SEC. 46. Section 626.8 of the Penal Code is amended to read:
626.8. (a) Any person who comes into any school building or upon
any school ground, or street, sidewalk, or public way adjacent
thereto, without lawful business thereon, and whose presence or acts
interfere with the peaceful conduct of the activities of the school
or disrupt the school or its pupils or school activities, or any
specified sex offender who comes into any school building or upon any
school ground, or street, sidewalk, or public way adjacent thereto,
unless the person is a parent or guardian of a child attending that
school, or is a student at the school or has prior written permission
for the entry from the chief administrative officer of that school,
is guilty of a misdemeanor if he or she does any of the following:
(1) Remains there after being asked to leave by the chief
administrative official of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, or sheriff or deputy
sheriff, or a Department of the California Highway Patrol peace
officer.
(2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1).
(3) Has otherwise established a continued pattern of unauthorized
entry.
This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly.
(b) Punishment for violation of this section shall be as follows:
(1) Upon a first conviction by a fine of not exceeding five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both the fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both imprisonment and a fine of
not exceeding five hundred dollars ($500), and shall not be released
on probation, parole, or any other basis until he or she has served
not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine of not exceeding five hundred dollars ($500), and shall
not be released on probation, parole, or any other basis until he or
she has served not less than 90 days.
(c) As used in this section, the following definitions govern the
meaning of the following words and phrases:
(1) "Specified sex offender" means any person required to register
pursuant to Section 290, who has been convicted of a violation of
Section 220, 261, 266, 267, 272, 288, or 289, or of subdivision (c),
(d), or (f) of Section 286, or of subdivision (c), (d), or (f) of
Section 288a, or of an attempt to commit any of these offenses.
(2) "Lawful business" means a reason for being present upon school
property which is not otherwise prohibited by statute, by ordinance,
or by any regulation adopted pursuant to statute or ordinance.
(3) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same school year the defendant came
into any school building or upon any school ground, or street,
sidewalk, or public way adjacent thereto, without lawful business
thereon, and his or her presence or acts interfered with the peaceful
conduct of the activities of the school or disrupted the school or
its pupils or school activities, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
(4) In the case of a specified sex offender, "continued pattern of
unauthorized entry" means that on at least two prior occasions in
the same school year the defendant came into any school building or
upon any school ground, or street, sidewalk, or public way adjacent
thereto, and the defendant was asked to leave by a person specified
in paragraph (1) of subdivision (a).
(5) "School" means any preschool or school having any of grades
kindergarten through 12.
(d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place within seven
days he or she will be guilty of a crime.
SEC. 47. Section 626.85 of the Penal Code is amended to read:
626.85. (a) Any specified drug offender who, at any time, comes
into any school building or upon any school ground, or adjacent
street, sidewalk, or public
way, unless the person is a parent or guardian of a child attending
that school and his or her presence is during any school activity, or
is a student at the school and his or her presence is during any
school activity, or has prior written permission for the entry from
the chief administrative officer of that school, is guilty of a
misdemeanor if he or she does any of the following:
(1) Remains there after being asked to leave by the chief
administrative officer of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, sheriff, or a
Department of the California Highway Patrol peace officer.
(2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1) of subdivision
(a).
(3) Has otherwise established a continued pattern of unauthorized
entry.
This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly, or to prohibit any lawful act, including picketing,
strikes, or collective bargaining.
(b) Punishment for violation of this section shall be as follows:
(1) Upon a first conviction, by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in the county jail for a period of
not more than six months, or by both that fine and imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both imprisonment and a fine not
exceeding one thousand dollars ($1,000), and the defendant shall not
be released on probation, parole, or any other basis until he or she
has served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine not exceeding one thousand dollars ($1,000), and the
defendant shall not be released on probation, parole, or any other
basis until he or she has served not less than 90 days.
(c) As used in this section:
(1) "Specified drug offender" means any person who, within the
immediately preceding three years, has a felony or misdemeanor
conviction of either:
(A) Unlawful sale, or possession for sale, of any controlled
substance, as defined in Section 11007 of the Health and Safety Code.
(B) Unlawful use, possession, or being under the influence of any
controlled substance, as defined in Section 11007 of the Health and
Safety Code, where that conviction was based on conduct which
occurred, wholly or partly, in any school building or upon any school
ground, or adjacent street, sidewalk, or public way.
(2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same calendar year the defendant
came into any school building or upon any school ground, or adjacent
street, sidewalk, or public way, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
(3) "School" means any preschool or school having any of grades
kindergarten to 12, inclusive.
(4) "School activity" means and includes any school session, any
extracurricular activity or event sponsored by or participated in by
the school, and the 30-minute periods immediately preceding and
following any session, activity, or event.
(d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place he or she will
be guilty of a crime.
SEC. 48. Section 653g of the Penal Code is amended to read:
653g. Every person who loiters about any school or public place
at or near which children attend or normally congregate and who
remains at any school or public place at or near which children
attend or normally congregate, or who reenters or comes upon a school
or place within 72 hours, after being asked to leave by the chief
administrative official of that school or, in the absence of the
chief administrative official, the person acting as the chief
administrative official, or by a member of the security patrol of the
school district who has been given authorization, in writing, by the
chief administrative official of that school to act as his or her
agent in performing this duty, or a city police officer, or sheriff
or deputy sheriff, or Department of the California Highway Patrol
peace officer is a vagrant, and is punishable by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for not exceeding six months, or by both the fine and the
imprisonment.
As used in this section, "loiter" means to delay, to linger, or to
idle about a school or public place without lawful business for
being present.
SEC. 49. Section 830.2 of the Penal Code is amended to read:
830.2. The following persons are peace officers whose authority
extends to any place in the state:
(a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
(b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
(c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
(d) Any member of the Law Enforcement Liaison Unit of the
Department of Corrections, provided that the primary duty of the
peace officer shall be the investigation or apprehension of parolees,
parole violators, or escapees from state institutions, the
transportation of those persons, and the coordination of those
activities with other criminal justice agencies.
(e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
(f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
(g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
(h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
(i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
SEC. 50. Section 830.4 of the Penal Code is amended to read:
830.4. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
duties under the conditions as specified by statute. Those peace
officers may carry firearms only if authorized and under terms and
conditions specified by their employing agency.
(a) Members of the California National Guard have the powers of
peace officers when they are involved in any or all of the following:
(1) Called or ordered into active state service by the Governor
pursuant to the provisions of Section 143 or 146 of the Military and
Veterans Code.
(2) Serving within the area wherein military assistance is
required.
(3) Directly assisting civil authorities in any of the situations
specified in Section 143 or 146.
The authority of the peace officer under this subdivision extends
to the area wherein military assistance is required as to a public
offense committed or which there is reasonable cause to believe has
been committed within that area. The requirements of Section 1031 of
the Government Code are not applicable under those circumstances.
(b) Guards and messengers of the Treasurer's office when
performing assigned duties as a guard or messenger.
(c) Security officers of the Department of Justice when performing
assigned duties as security officers.
(d) Security officers of Hastings College of the Law. These
officers shall have authority of peace officers only within the City
and County of San Francisco. Notwithstanding any other provisions of
law, the peace officers designated by this subdivision shall not be
authorized by this subdivision to carry firearms either on or off
duty. Notwithstanding any other provision of law, the act which
designated the persons described in this subdivision as peace
officers shall serve only to define those persons as peace officers,
the extent of their jurisdiction, and the nature and scope of their
authority, powers, and duties, and there shall be no change in the
status of those persons for purposes of retirement, workers'
compensation or similar injury or death benefits, or other employee
benefits.
SEC. 51. Section 12028.5 of the Penal Code is amended to read:
12028.5. (a) As used in this section, the following definitions
shall apply:
(1) "Abuse" means intentionally or recklessly causing or
attempting to cause bodily injury, or placing another person in
reasonable apprehension of imminent serious bodily injury to himself,
herself, or another.
(2) "Family violence" has the same meaning as domestic violence as
defined in subdivision (b) of Section 13700, and also includes any
abuse perpetrated against a family or household member.
(3) "Family or household member" means a spouse, former spouse,
parent, child, any person related by consanguinity or affinity within
the second degree, or any person who regularly resides or who
regularly resided in the household.
The presumption applies that the male parent is the father of any
child of the female pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code).
(4) "Deadly weapon" means any weapon, the possession or concealed
carrying of which is prohibited by Section 12020.
(b) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1, a peace officer of the Department of the California
Highway Patrol, as defined in subdivision (a) of Section 830.2, a
member of the University of California Police Department, as defined
in subdivision (c) of Section 830.2, an officer listed in Section
830.6 while acting in the course and scope of his or her employment
as a peace officer, a member of a California State University Police
Department, as defined in subdivision (d) of Section 830.2, a peace
officer of the Department of Parks and Recreation, as defined in
subdivision (f) of Section 830.2, a peace officer, as defined in
subdivision (d) of Section 830.31, and a peace officer, as defined in
Section 830.5, who is at the scene of a family violence incident
involving a threat to human life or a physical assault, may take
temporary custody of any firearm or other deadly weapon in plain
sight or discovered pursuant to a consensual search as necessary for
the protection of the peace officer or other persons present. Upon
taking custody of a firearm or other deadly weapon, the officer shall
give the owner or person who possessed the firearm a receipt. The
receipt shall describe the firearm or other deadly weapon and list
any identification or serial number on the firearm. The receipt
shall indicate where the firearm or other deadly weapon can be
recovered and the date after which the owner or possessor can recover
the firearm or other deadly weapon. No firearm or other deadly
weapon shall be held less than 48 hours. Except as provided in
subdivision (e), if a firearm or other deadly weapon is not retained
for use as evidence related to criminal charges brought as a result
of the family violence incident or is not retained because it was
illegally possessed, the firearm or other deadly weapon shall be made
available to the owner or person who was in lawful possession 48
hours after the seizure or as soon thereafter as possible, but no
later than 72 hours after the seizure. In any civil action or
proceeding for the return of firearms or ammunition or other deadly
weapon seized by any state or local law enforcement agency and not
returned within 72 hours following the initial seizure, except as
provided in subdivision (c), the court shall allow reasonable
attorney's fees to the prevailing party.
(c) Any firearm or other deadly weapon which has been taken into
custody that has been stolen shall be restored to the lawful owner,
as soon as its use for evidence has been served, upon his or her
identification of the firearm or other deadly weapon and proof of
ownership.
(d) Any firearm or other deadly weapon taken into custody and held
by a police, university police, or sheriff's department or by a
marshal's office, by a peace officer of the Department of the
California Highway Patrol, as defined in subdivision (a) of Section
830.2, by a peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2, by a peace officer,
as defined in subdivision (d) of Section 830.31, or by a peace
officer, as defined in Section 830.5, for longer than 12 months and
not recovered by the owner or person who has lawful possession at the
time it was taken into custody, shall be considered a nuisance and
sold or destroyed as provided in subdivision (c) of Section 12028.
Firearms or other deadly weapons not recovered within 12 months due
to an extended hearing process as provided in subdivision (i), are
not subject to destruction until the court issues a decision, and
then only if the court does not order the return of the firearm or
other deadly weapon to the owner.
(e) In those cases where a law enforcement agency has reasonable
cause to believe that the return of a firearm or other deadly weapon
would be likely to result in endangering the victim or the person
reporting the assault or threat, the agency shall advise the owner of
the firearm or other deadly weapon, and within 10 days of the
seizure, initiate a petition in superior court to determine if the
firearm or other deadly weapon should be returned.
(f) The law enforcement agency shall inform the owner or person
who had lawful possession of the firearm or other deadly weapon, at
that person's last known address by registered mail, return receipt
requested, that he or she has 30 days from the date of receipt of the
notice to respond to the court clerk to confirm his or her desire
for a hearing, and that the failure to respond shall result in a
default order forfeiting the confiscated firearm or other deadly
weapon. For the purposes of this subdivision, the person's last
known address shall be presumed to be the address provided to the law
enforcement officer by that person at the time of the family
violence incident. In the event the person whose firearm or other
deadly weapon was seized does not reside at the last address provided
to the agency, the agency shall make a diligent, good faith effort
to learn the whereabouts of the person and to comply with these
notification requirements.
(g) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request. The
court clerk shall notify the person, the law enforcement agency
involved, and the district attorney of the date, time, and place of
the hearing. Unless it is shown by clear and convincing evidence
that the return of the firearm or other deadly weapon would result in
endangering the victim or the person reporting the assault or
threat, the court shall order the return of the firearm or other
deadly weapon and shall award reasonable attorney's fees to the
prevailing party.
(h) If the person does not request a hearing or does not otherwise
respond within 30 days of the receipt of the notice, the law
enforcement agency may file a petition for an order of default and
may dispose of the firearm or other deadly weapon as provided in
Section 12028.
(i) If, at the hearing, the court does not order the return of the
firearm or other deadly weapon to the owner or person who had lawful
possession, that person may petition the court for a second hearing
within 12 months from the date of the initial hearing. If the owner
or person who had lawful possession does not petition the court
within this 12-month period for a second hearing or is unsuccessful
at the second hearing in gaining return of the firearm or other
deadly weapon, the firearm or other deadly weapon may be disposed of
as provided in Section 12028.
(j) The law enforcement agency, or the individual law enforcement
officer, shall not be liable for any act in the good faith exercise
of this section.
SEC. 52. Section 12280 of the Penal Code is amended to read:
12280. (a) (1) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon, except as provided by this
chapter, is guilty of a felony, and upon conviction shall be punished
by imprisonment in the state prison for four, six, or eight years.
(2) In addition and consecutive to the punishment imposed under
paragraph (1), any person who transfers, lends, sells, or gives any
assault weapon to a minor in violation of paragraph (1) shall receive
an enhancement of one year.
(b) Except as provided in Section 12288, any person who, within
this state, possesses any assault weapon, except as provided in this
chapter, is guilty of a public offense and upon conviction shall be
punished by imprisonment in the state prison, or in a county jail,
not exceeding one year. However, if the person presents proof that
he or she lawfully possessed the assault weapon prior to June 1,
1989, or prior to the date it was specified as an assault weapon, and
has since either registered the firearm and any other lawfully
obtained firearm subject to this chapter pursuant to Section 12285 or
relinquished them pursuant to Section 12288, a first-time violation
of this subdivision shall be an infraction punishable by a fine of up
to five hundred dollars ($500), but not less than three hundred
fifty dollars ($350), if the person has otherwise possessed the
firearm in compliance with subdivision (c) of Section 12285. In
these cases, the firearm shall be returned unless the court finds in
the interest of public safety, after notice and hearing, that the
assault weapon should be destroyed pursuant to Section 12028.
(c) Notwithstanding Section 654 or any other provision of law, any
person who commits another crime while violating this section may
receive an additional, consecutive punishment of one year for
violating this section in addition and consecutive to the punishment,
including enhancements, which is prescribed for the other crime.
(d) Subdivisions (a) and (b) shall not apply to the sale to,
purchase by, or possession of assault weapons by the Department of
Justice, police departments, sheriffs' offices, marshals' offices,
the Department of Corrections, the Department of the California
Highway Patrol, district attorneys' offices, or the military or naval
forces of this state or of the United States for use in the
discharge of their official duties; nor shall anything in this
chapter prohibit the possession or use of assault weapons by sworn
members of these agencies when on duty and the use is within the
scope of their duties.
(e) Subdivision (b) shall not apply to the possession of an
assault weapon by any person during the 1990 calendar year, or during
the 90-day period immediately after the date it was specified as an
assault weapon, if all of the following are applicable:
(1) The person is eligible under this chapter to register the
particular assault weapon.
(2) The person lawfully possessed the particular assault weapon
described in paragraph (1) prior to June 1, 1989, or prior to the
date it was specified as an assault weapon.
(3) The person is otherwise in compliance with this chapter.
(f) Subdivisions (a) and (b) shall not apply to the manufacture by
persons who are issued permits pursuant to Section 12287 of assault
weapons for sale to the following:
(1) Exempt entities listed in subdivision (d).
(2) Entities and persons who have been issued permits pursuant to
Section 12286.
(3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
(4) Federal military and law enforcement agencies.
(5) Law enforcement and military agencies of other states.
(6) Foreign governments and agencies approved by the United States
State Department.
(g) Subdivision (a) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon registered under Section 12285 which is disposed of as
authorized by the probate court, if the disposition is otherwise
permitted by this chapter.
(h) Subdivision (b) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon registered under Section 12285, if the assault weapon is
possessed at a place set forth in paragraph (1) of subdivision (c) of
Section 12285 or as authorized by the probate court.
(i) Subdivision (a) shall not apply to:
(1) A person who lawfully possesses and has registered an assault
weapon pursuant to this chapter who lends that assault weapon to
another if all the following apply:
(A) The person to whom the assault weapon is lent is 18 years of
age or over and is not in a class of persons prohibited from
possessing firearms by virtue of Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code.
(B) The person to whom the assault weapon is lent remains in the
presence of the registered possessor of the assault weapon.
(C) The assault weapon is possessed at any of the following
locations:
(i) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(ii) While on the premises of a target range of a public or
private club or organization organized for the purpose of practicing
shooting at targets.
(iii) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(2) The return of an assault weapon to the registered possessor
which is lent by the same pursuant to paragraph (1).
(j) Subdivision (b) shall not apply to the possession of an
assault weapon by a person to whom an assault weapon is lent pursuant
to subdivision (i).
(k) Subdivisions (a) and (b) shall not apply to the possession and
importation of an assault weapon into this state by a nonresident if
all of the following conditions are met:
(1) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon.
(2) The competition or match is conducted on the premises of one
of the following:
(i) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
(ii) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.
(3) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
(4) The assault weapon is transported in accordance with Section
12026.1 or 12026.2.
(5) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
(l) As used in this chapter, the date a firearm is "specified as
an assault weapon" is the earliest of the following:
(1) The effective date of an amendment to Section 12276 that adds
the designation of the specified firearm.
(2) The effective date of the list promulgated pursuant to Section
12276.5 that adds or changes the designation of the specified
firearm.
SEC. 53. Section 12361 of the Penal Code is amended to read:
12361. (a) Before a body armor may be purchased for use by state
peace officers the Department of Justice, after consultation with the
Department of the California Highway Patrol, shall establish minimum
ballistic performance standards, and shall determine that the armor
satisfies those standards.
(b) Only body armor that meets state
requirements under subdivision (a) for acquisition or purchase shall
be eligible for testing for certification under the ballistic
performance standards established by the Department of Justice; and
only body armor that is certified as acceptable by the department
shall be purchased for use by state peace officers.
SEC. 54. Section 12368 of the Penal Code is amended to read:
12368. (a) All purchases of certified body armor under the
provisions of this chapter shall be made by the Department of General
Services on behalf of an authorized state agency or department.
Purchases of body armor shall be based upon written requests
submitted by an authorized state agency or department to the
Department of General Services.
(b) The Department of General Services shall make certified body
armor available to peace officers of the Department of Justice, as
defined by Section 830.3 of the Penal Code, while engaged in law
enforcement activities.
SEC. 55. Section 12369 of the Penal Code is amended to read:
12369. The Department of General Services shall, pursuant to
departmental regulation, after consultation with the Department of
the California Highway Patrol, define the term "enforcement
activities" for purposes of this chapter, and develop standards
regarding what constitutes sufficient wear on body armor to
necessitate replacement thereof.
SEC. 56. Section 13510.5 of the Penal Code is amended to read:
13510.5. For the purpose of maintaining the level of competence
of state law enforcement officers, the commission shall adopt, and
may, from time to time amend, rules establishing minimum standards
for training of peace officers as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, who are employed by any
railroad company, the University of California Police Department, a
California State University police department, the Department of
Alcoholic Beverage Control, the Division of Investigation of the
Department of Consumer Affairs, the Wildlife Protection Branch of the
Department of Fish and Game, the Department of Forestry and Fire
Protection, including the Office of the State Fire Marshal, the
Department of Motor Vehicles, the California Horse Racing Board, the
Bureau of Food and Drug, the Division of Labor Law Enforcement, the
Director of Parks and Recreation, the State Department of Health
Services, the Department of Toxic Substances Control, the State
Department of Social Services, the State Department of Mental Health,
the State Department of Developmental Services, the State Department
of Alcohol and Drug Programs, the Office of Statewide Health
Planning and Development, and the Department of Justice. All rules
shall be adopted and amended pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
SEC. 57. Section 13518 of the Penal Code is amended to read:
13518. (a) Every city police officer, sheriff, deputy sheriff,
marshal, deputy marshal, peace officer member of the Department of
the California Highway Patrol, and police officer of a district
authorized by statute to maintain a police department, except those
whose duties are primarily clerical or administrative, shall meet the
training standards prescribed by the Emergency Medical Services
Authority for the administration of first aid and cardiopulmonary
resuscitation. This training shall include instruction in the use of
a portable manual mask and airway assembly designed to prevent the
spread of communicable diseases. In addition, satisfactory
completion of periodic refresher training or appropriate testing in
cardiopulmonary resuscitation and other first aid as prescribed by
the Emergency Medical Services Authority shall also be required.
(b) The course of training leading to the basic certificate issued
by the commission shall include adequate instruction in the
procedures described in subdivision (a). No reimbursement shall be
made to local agencies based on attendance at any such course which
does not comply with the requirements of this subdivision.
(c) As used in this section, "primarily clerical or administrative"
means the performance of clerical or administrative duties for a
minimum of 90 percent of the time worked within a pay period.
SEC. 58. Section 13700 of the Penal Code is amended to read:
13700. As used in this title:
(a) "Abuse" means intentionally or recklessly causing or
attempting to cause bodily injury, or placing another person in
reasonable apprehension of imminent serious bodily injury to himself
or herself, or another.
(b) "Domestic violence" means abuse committed against an adult or
a fully emancipated minor who is a spouse, former spouse, cohabitant,
former cohabitant, or person with whom the suspect has had a child
or is having or has had a dating or engagement relationship. For
purposes of this subdivision, "cohabitant" means two unrelated adult
persons living together for a substantial period of time, resulting
in some permanency of relationship. Factors that may determine
whether persons are cohabiting include, but are not limited to, (1)
sexual relations between the parties while sharing the same living
quarters, (2) sharing of income or expenses, (3) joint use or
ownership of property, (4) whether the parties hold themselves out as
husband and wife, (5) the continuity of the relationship, and (6)
the length of the relationship.
(c) "Officer" means any officer or employee of a local police
department or sheriff's office, and any peace officer of the
Department of the California Highway Patrol, the Department of Parks
and Recreation, the University of California Police Department, or
the California State University and College Police Departments, as
defined in Section 830.2, or a housing authority patrol officer, as
defined in subdivision (d) of Section 830.31.
(d) "Victim" means a person who is a victim of domestic violence.
SEC. 59. Section 6776 of the Revenue and Taxation Code is amended
to read:
6776. At any time within three years after any person is
delinquent in the payment of any amount herein required to be paid,
or within 10 years after the last recording of an abstract under
Section 6738 or the last recording or filing of a notice of state tax
lien under Section 7171 of the Government Code, the board or its
authorized representative may issue a warrant for the enforcement of
any liens and for the collection of any amount required to be paid to
the state under this part. The warrant shall be directed to any
sheriff, marshal, constable, or the Department of the California
Highway Patrol and shall have the same effect as a writ of execution.
The warrant shall be levied and sale made pursuant to it in the
same manner and with the same effect as a levy of and a sale pursuant
to a writ of execution and shall be levied within five working days
following receipt of the warrant.
SEC. 60. Section 6777 of the Revenue and Taxation Code is amended
to read:
6777. The board may pay or advance to the sheriff, marshal,
constable, or the Department of the California Highway Patrol, the
same fees, commissions, and expenses for services as are provided by
law for similar services rendered pursuant to a writ of execution.
The board, and not the court, shall approve the fees for publication
in a newspaper.
SEC. 61. Section 19232 of the Revenue and Taxation Code is amended
to read:
19232. The warrant shall be directed to any sheriff, constable,
marshal, or the Department of the California Highway Patrol and shall
have the same force and effect as a writ of execution. The warrant
shall be levied and sale made pursuant to it in the same manner and
with the same force and effect as a levy of and sale pursuant to a
writ of execution.
SEC. 62. Section 19233 of the Revenue and Taxation Code is amended
to read:
19233. The Franchise Tax Board shall pay or advance to the
sheriff, constable, marshal, or the Department of the California
Highway Patrol the same fees, commissions, and expenses as are
provided by law for similar services pursuant to a writ of execution.
The Franchise Tax Board, and not the court, shall approve the fees
for publication in a newspaper.
SEC. 63. Section 1785 of the Unemployment Insurance Code is
amended to read:
1785. If any amount required to be paid under this division is
not paid when due, the director or the director's authorized
representative may, not later than three years after the payment
became delinquent, or within 10 years after the last entry of a
judgment under Article 5 (commencing with Section 1815) or within 10
years after the last recording or filing of a notice of state tax
lien under Section 7171 of the Government Code, issue a warrant for
the enforcement of any liens and for the collection of any amount
required to be paid to the state under this division. The warrant
shall be directed to any sheriff, marshal, peace officer of the
Department of the California Highway Patrol, or constable and shall
have the same effect as a writ of execution. The warrant shall be
levied and sale made pursuant to it in the same manner and with the
same effect as a levy of and a sale pursuant to a writ of execution.
SEC. 64. Section 1786 of the Unemployment Insurance Code is
amended to read:
1786. The department may pay or advance to the sheriff, marshal,
peace officer of the Department of the California Highway Patrol, or
constable, the same fees, commissions, and expenses for his or her
services under this article as are provided by law for similar
services pursuant to a writ of execution. The director, and not the
court, shall approve the fees for publication in a newspaper.
SEC. 65. Section 2250.1 is added to the Vehicle Code, to read:
2250.1. (a) The commissioner shall establish special designations
of peace officers within the Department of the California Highway
Patrol to assist in the transfer of responsibilities from the
California State Police Division to the Department of the California
Highway Patrol. The peace officers so designated include all peace
officers of the former California State Police Division on July 11,
1995. These specially designated peace officers are peace officers
as defined in subdivision (a) of Section 830.2 of the Penal Code.
(b) Peace officers designated in subdivision (a) shall become
members of the Department of the California Highway Patrol, as
described in Section 2250, by meeting the training requirements and
qualifications for those positions as established pursuant to Section
19818.6 of the Government Code or with the approval of the State
Personnel Board Executive Officer.
(c) Individuals granted reemployment or reinstatement on or after
July 12, 1995, to peace officer positions formerly within the
California State Police Division shall be reinstated to the peace
officer designations established by the commissioner pursuant to this
section.
SEC. 66. Section 2268 of the Vehicle Code is amended to read:
2268. (a) Any member of the Department of the California Highway
Patrol, as specified in Sections 2250 and 2250.1, shall be capable of
fulfilling the complete range of official duties administered by the
commissioner pursuant to Section 2400 and other critical duties that
may be necessary for the preservation of life and property. Members
of the California Highway Patrol shall not be assigned to permanent
limited duty positions which do not require the ability to perform
these duties.
(b) Subdivision (a) does not apply to any member of the California
Highway Patrol who, after sustaining serious job-related physical
injuries, returned to duty with the California Highway Patrol and who
received a written commitment from the appointing power allowing his
or her continued employment as a member of the California Highway
Patrol. This subdivision applies only to commitments made prior to
January 1, 1984.
(c) Nothing in subdivision (a) entitles a member of the California
Highway Patrol to, or precludes a member from receiving, an
industrial disability retirement.
SEC. 67. Section 2400 of the Vehicle Code is amended to read:
2400. (a) The commissioner shall administer Chapter 4 (commencing
with Section 10850) of Division 4, Article 3 (commencing with
Section 17300) of Chapter 1 of Division 9, Division 10 (commencing
with Section 20000), Division 11 (commencing with Section 21000)
except Chapter 11 (commencing with Section 22950), Division 12
(commencing with Section 24000), Division 13 (commencing with Section
29000), Division 14 (commencing with Section 31600), Division 14.1
(commencing with Section 32000), Division 14.5 (commencing with
Section 33000), Division 14.7 (commencing with Section 34000),
Division 14.8 (commencing with Section 34500), Division 15
(commencing with Section 35000), Division 16 (commencing with Section
36000) except Chapter 2 (commencing with Section 36100) and Chapter
3 (commencing with Section 36300), and Division 16.5 (commencing with
Section 38000) except Chapter 2 (commencing with Section 38010).
(b) The commissioner shall enforce all laws regulating the
operation of vehicles and the use of the highways except that, on
ways or places to which Section 592 makes reference, the commissioner
shall not be required to provide patrol or enforce any provisions of
this code other than those provisions applicable to private
property.
(c) The commissioner shall not be required to provide patrol for
or enforce Division 16.5 (commencing with Section 38000).
(d) The commissioner shall have full responsibility and primary
jurisdiction for the administration and enforcement of the laws, and
for the investigation of traffic accidents, on all toll highways and
state highways constructed as freeways, including transit-related
facilities located on or along the rights-of-way of those toll
highways or freeways, except facilities of the San Francisco Bay Area
Rapid Transit District. However, city police officers while engaged
primarily in general law enforcement duties may incidentally enforce
state and local traffic laws and ordinances on toll highways and
state freeways within incorporated areas of the state. In any city
having either a population in excess of 2,000,000 or an area of more
than 300 square miles, city police officers shall have full
responsibility and primary jurisdiction for the administration and
enforcement of those laws and ordinances, unless the city council of
the city by resolution requests administration and enforcement of
those laws by the commissioner.
(e) The commissioner shall have full responsibility and primary
jurisdiction for the administration and enforcement of the laws, and
for the investigation of traffic accidents, on all highways within a
city and county with a population of less than 25,000, if, at the
time the city and county government is established, the county
contains no municipal corporations.
(f) The commissioner may enter into any interagency agreement with
the State Board of Equalization for the purpose of enforcement of
statutes requiring commercial vehicles from foreign jurisdictions to
have a diesel fuel tax permit and to make payments to the board as
required.
(g) The commissioner shall assume those duties and
responsibilities of providing protection to state property and
employees actually being performed by the California State Police
Division on and before July 11, 1995.
(h) The commissioner may provide for the physical security of any
current or former constitutional officer of the state and current or
former legislator of the state.
(i) Upon request of the Chief Justice of the California Supreme
Court, the commissioner may provide appropriate protective services
to any current or former member of the State Court of Appeal or the
California Supreme Court.
SEC. 68. Section 2428 is added to the Vehicle Code, to read:
2428. (a) The Department of the California Highway Patrol may fix
the cost or pro rata share, or, in its discretion, an amount it
considers equivalent to the cost or pro rata share, and collect from
each state agency in advance or upon any other basis that it may
determine the cost of providing protective services for state
employees and property.
(b) Payments for services provided shall be made by direct
transfer as described in Section 11255 of the Government Code. All
money received by the department pursuant to this section shall be
deposited in the Protective Services Fund, which is hereby created.
When appropriated by the Legislature, funds in the Protective
Services Fund shall be used by the department to fulfill those
responsibilities set forth in subdivisions (g), (h), and (i) of
Section 2400.
(c) If a state agency refuses to pay the charges fixed by the
Department of the California Highway Patrol for security services
rendered, the department may file a claim for those charges against
any appropriations made for the support or maintenance of all or any
part of the work and affairs of the state agency. The Controller
shall draw his or her warrant in accordance with law upon the claim
in favor of the Department of the California Highway Patrol.
SEC. 69. Section 21113 of the Vehicle Code is amended to read:
21113. (a) No person shall drive any vehicle or animal, nor shall
any person stop, park, or leave standing any vehicle or animal,
whether attended or unattended, upon the driveways, paths, parking
facilities, or the grounds of any public school, state university,
state college, unit of the state park system, county park, municipal
airport, rapid transit district, transit development board, transit
district, joint powers agency operating or managing a commuter rail
system, or any property under the direct control of the legislative
body of a municipality, or any state, county, or hospital district
institution or building, or any educational institution exempted, in
whole or in part, from taxation, or any harbor improvement district
or harbor district formed pursuant to Part 2 (commencing with Section
5800) or Part 3 (commencing with Section 6000) of Division 8 of the
Harbors and Navigation Code, a district organized pursuant to Part 3
(commencing with Section 27000) of Division 16 of the Streets and
Highways Code, or state grounds served by the Department of the
California Highway Patrol, or any property under the possession or
control of a housing authority formed pursuant to Article 2
(commencing with Section 34240) of Part 2 of Division 24 of the
Health and Safety Code, except with the permission of, and upon and
subject to any condition or regulation which may be imposed by the
legislative body of the municipality, or the governing board or
officer of the public school, state university, state college, county
park, municipal airport, rapid transit district, transit development
board, transit district, joint powers agency operating or managing a
commuter rail system, or state, county, or hospital district
institution or building, or educational institution, or harbor
district, or a district organized pursuant to Part 3 (commencing with
Section 27000) of Division 16 of the Streets and Highways Code, or
housing authority, or the Director of Parks and Recreation regarding
units of the state park system or the state agency with jurisdiction
over the grounds served by the Department of the California Highway
Patrol.
(b) Every governing board, legislative body, or officer shall
erect or place appropriate signs giving notice of any special
conditions or regulations that are imposed under this section and
every board, legislative body, or officer shall also prepare and keep
available at the principal administrative office of the board,
legislative body, or officer, for examination by all interested
persons, a written statement of all those special conditions and
regulations adopted under this section.
(c) When any governing board, legislative body, or officer permits
public traffic upon the driveways, paths, parking facilities, or
grounds under their control then, except for those conditions imposed
or regulations enacted by the governing board, legislative body, or
officer applicable to the traffic, all the provisions of this code
relating to traffic upon the highways shall be applicable to the
traffic upon the driveways, paths, parking facilities, or grounds.
(d) With respect to the permitted use of vehicles or animals on
property under the direct control of the legislative body of a
municipality, no change in the use of vehicles or animals on the
property, which had been permitted on January 1, 1976, shall be
effective unless and until the legislative body, at a meeting open to
the general public, determines that the use of vehicles or animals
on the property should be prohibited or regulated.
(e) A transit development board may adopt ordinances, rules, or
regulations to restrict, or specify the conditions for, the use of
bicycles, motorized bicycles, skateboards, and roller skates on
property under the control of, or any portion of property used by,
the board.
(f) A public agency, including, but not limited to, the Regents of
the University of California and the Trustees of the California
State University, may adopt rules or regulations to restrict, or
specify the conditions for, the use of bicycles, motorized bicycles,
skateboards, and roller skates on public property under the
jurisdiction of that agency.
(g) "Housing authority," for the purposes of this section, means a
housing authority located within a county with a population of over
six million people, and any other housing authority that complies
with the requirements of this section.
SEC. 70. Section 22659 of the Vehicle Code is amended to read:
22659. Any peace officer of the Department of the California
Highway Patrol or any person duly authorized by the state agency in
possession of property owned by the state, or rented or leased from
others by the state and any peace officer of the Department of the
California Highway Patrol providing policing services to property of
a district agricultural association may, subsequent to giving notice
to the city police or county sheriff, whichever is appropriate, cause
the removal of a vehicle from the property to the nearest public
garage, under any of the following circumstances:
(a) When the vehicle is illegally parked in locations where signs
are posted giving notice of violation and removal.
(b) When an officer arrests any person driving or in control of a
vehicle for an alleged offense and the officer is by this code or
other law required to take the person arrested before a magistrate
without unnecessary delay.
(c) When any vehicle is found upon the property and report has
previously been made that the vehicle has been stolen or complaint
has been filed and a warrant thereon issued charging that the vehicle
has been embezzled.
(d) When the person or persons in charge of a vehicle upon the
property are by reason of physical injuries or illness incapacitated
to that extent as to be unable to provide for its custody or removal.
The person causing removal of the vehicle shall comply with the
requirements of Sections 22852 and 22853 relating to notice.
SEC. 71. Section 22855 of the Vehicle Code is amended to read:
22855. The following persons shall have the authority to make
appraisals of the value of vehicles for purposes of this chapter,
subject to the conditions stated in this chapter:
(a) Any peace officer of the Department of the California Highway
Patrol designated by the commissioner.
(b) Any regularly employed and salaried deputy sheriff or other
employee designated by the sheriff of any county.
(c) Any regularly employed and salaried police officer or other
employee designated by the chief of police of any city.
(d) Any officer or employee of the Department of Motor Vehicles
designated by the director of that department.
(e) Any regularly employed and salaried police officer or other
employee of the University of California Police Department designated
by the chief of the department.
(f) Any regularly salaried employee of a city, county, or city and
county designated by a board of supervisors or a city council
pursuant to subdivision (a) of Section 22669.
(g) Any regularly employed and salaried police officer or other
employee of the police department of a California State University
designated by the chief thereof.
(h) Any regularly employed and salaried security officer or other
employee of a transit district security force designated by the chief
thereof.
(i) Any regularly employed and salaried peace officer or other
employee of the Department of Parks and Recreation designated by the
director of that department.
SEC. 72. Section 40200.3 of the Vehicle Code is amended to read:
40200.3. (a) All parking penalties collected by the processing
agency, which may be the issuing agency, including process service
fees and fees and collection costs related to civil debt collection,
shall be deposited to the account of the issuing agency, except that
those sums attributable to the issuance of a notice of parking
violation by a peace officer of the Department of the California
Highway Patrol shall be deposited in the account in the jurisdiction
where the violation occurred, and except those sums payable to a
county pursuant to Chapter 12 (commencing with Section 76000) of
Title 8 of the Government Code and that portion of any parking
penalty which is attributable to an increase in the parking bail
amount effective between September 16, 1988, and July 1, 1992,
inclusive, pursuant to Section 1463.28 of the Penal Code. Those
funds attributable to this increase in bail shall be transferred to
the county treasurer and deposited in the general fund. Any increase
in parking penalties effective after July 1, 1992, shall accrue to
the benefit of the issuing agency.
(b) The processing agency shall prepare a report at the end of
each fiscal year setting forth the number of cases processed, and all
sums received and distributed, together with any other information
that may be required by the issuing agency or the Controller. This
report is a public record and shall be delivered to each issuing
agency. Copies shall be made available, upon request, to the county
auditor, the Controller, and the grand jury.
SEC. 73. Section 40200.4 of the Vehicle Code is amended to read:
40200.4. (a) The processing agency shall deposit with the county
treasurer all sums due the county as the result of processing a
parking violation not later than 45 calendar days after the last day
of the month in which the
parking penalty was received.
(b) Except as provided in subdivisions (c) and (d), if a court
within a county has been processing notices of parking violations and
notices of delinquent parking violations for a city, a district, or
any other issuing agency, the issuing agency and the county shall
provide in an agreement for the orderly transfer of the processing
activity as soon as possible but not later than January 1, 1994. The
agreement shall permit the court to phase out, and the issuing
agency to phase in, or transfer, personnel, equipment, and facilities
that may have been acquired or need to be acquired in contemplation
of a long-term commitment to processing of notices of parking
violations and notices of delinquent parking violations for the
issuing agency under this article. The court shall transfer the
processing function for parking citations issued by the Department of
the California Highway Patrol to the processing agency in the city
or county where the violation occurred.
(c) If Contra Costa County or San Mateo County, or a court in
either county, had a contract in effect on January 1, 1992, to
process notices of parking violations and notices of delinquent
parking violations for a city, district, or other issuing agency
within the particular county or counties, the county may continue to
provide those services to the issuing agencies pursuant to the terms
of the contract and any amendments thereto, to and including June 30,
1996, after which Section 40200.5 shall govern any contracts entered
into for these services.
(d) San Francisco Municipal Court employees engaged in processing
notices of parking violations and the positions of those employees
shall be transferred to equivalent civil service positions in the
City and County of San Francisco.
(e) No court employee shall be terminated or otherwise released
from employment as a result of the transfer of processing notices of
parking violations and notices of delinquent parking violations from
the courts to the issuing agencies.
(f) As used in this article, "parking penalty" includes the fine
authorized by law, including assessments authorized by this article,
any late payment penalty, and costs of collection as provided by law.
SEC. 74. Section 40200.5 of the Vehicle Code is amended to read:
40200.5. (a) Except as provided in subdivision (c) of Section
40200.4, an issuing agency may elect to contract with the county,
with a private vendor, or with any other city or county processing
agency, other than the Department of the California Highway Patrol or
other state law enforcement agency, within the county, with the
consent of that other entity, for the processing of notices of
parking violations and notices of delinquent parking violations,
prior to filing with the court pursuant to Section 40230.
If an issuing agency contracts with a private vendor for
processing services, it shall give special consideration to minority
business enterprise participation in providing those services. For
purposes of this subdivision, "special consideration" has the same
meaning as specified in subdivision (c) of Section 14838 of the
Government Code, as it relates to small business preference.
(b) Any contract entered pursuant to subdivision (a) shall provide
for monthly distribution of amounts collected between the parties,
except those amounts payable to a county pursuant to Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code and
amounts payable to the Department of Motor Vehicles pursuant to
Section 4763 of this code.
SEC. 75. The Department of the California Highway Patrol may use
the unexpended balance of funds available for use in conjunction with
the performance of functions of the former California State Police
Division.
SEC. 76. All officers and employees of the California State Police
Division who are serving in the state civil service and engaged in a
function vested in the California State Police Division are,
effective July 12, 1995, transferred to the Department of the
California Highway Patrol. The status, positions, and rights of
those persons existing prior to the transfer shall not be affected by
the transfers and shall be retained by those persons as officers and
employees of the Department of the California Highway Patrol
pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 5 of the Government Code),
except as to positions exempted from civil service.
SEC. 77. The Department of the California Highway Patrol shall
have ownership, possession, and control of all records, papers,
offices, equipment, supplies, moneys, funds, land, and other
property, real or personal, owned or leased, connected with the
administration of, or held for the benefit or use of, the California
State Police Division.
SEC. 78. Any regulation or other action adopted, prescribed,
taken, or performed by an agency or officer in the administration of
a program of a duty, responsibility, or authorization transferred by
this act shall remain in effect and shall be deemed to be a
regulation or action of the agency or officer to whom the program,
duty, responsibility, or authorization is transferred.
SEC. 79. Any judgment, claims, or liability filed or established
with the California State Police Division, the Department of General
Services, or the state arising from the action of the California
State Police Division or Department of General Services or their
agents concerning matters within the scope of the California State
Police Division shall become the responsibility of the Department of
the California Highway Patrol.
SEC. 80. Any section of any act enacted by the Legislature during
the 1996 calendar year that substantively amends, or that amends and
renumbers, adds, repeals and adds, or repeals, a section amended,
amended and renumbered, repealed and added, or repealed by this act
shall prevail over this act, whether that act is enacted prior to, or
subsequent to, this act.