BILL NUMBER: AB 89 CHAPTERED 09/07/99 CHAPTER 331 FILED WITH SECRETARY OF STATE SEPTEMBER 7, 1999 APPROVED BY GOVERNOR SEPTEMBER 7, 1999 PASSED THE ASSEMBLY AUGUST 23, 1999 PASSED THE SENATE AUGUST 16, 1999 AMENDED IN SENATE JULY 12, 1999 AMENDED IN SENATE JUNE 29, 1999 AMENDED IN ASSEMBLY MARCH 10, 1999 AMENDED IN ASSEMBLY FEBRUARY 3, 1999 INTRODUCED BY Assembly Member Cedillo DECEMBER 10, 1998 An act to amend Section 830.7 of the Penal Code, relating to arrest. LEGISLATIVE COUNSEL'S DIGEST AB 89, Cedillo. Arrest: public officers. Existing law authorizes certain persons who are not peace officers to exercise powers of arrest if they have completed a specified training course. This bill would extend that authority to persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles, as specified. This bill would specify that these persons are not peace officers for purposes of imposing an enhanced punishment for the crime of assault and battery committed against peace officers. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 830.7 of the Penal Code is amended to read: 830.7. The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832: (a) Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code. (b) Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies. (c) Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies. (d) Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code. (e) Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code. (f) Nonpeace officers regularly employed as county parole officers pursuant to Section 3089. (g) Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code. (h) Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, "investigator" means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed "peace officers" for purposes of Sections 241 and 243.