BILL NUMBER: AB 2384	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gilmore

                        FEBRUARY 19, 2010

   An act to amend Sections 830.2 and 830.5 of the Penal Code,
relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2384, as introduced, Gilmore. Peace officers: correctional
officers: parole agents.
   Under existing law any member of the Office of Correctional Safety
of the Department of Corrections and Rehabilitation is a peace
officer if his or her primary duties are the investigation and
apprehension of inmates, wards, parolees, parole violators, or
escapees from state institutions, among other duties, as provided.
Under existing law parole officers of the department are peace
officers but may only carry a firearm if approved by the director of
the department on a case-by-case or unit-by-unit basis.
   This bill would include a parole officer of the department in the
same category of peace officers as a member of the Office of
Correctional Safety if his or her primary duties are those described
above for a member of the Office of Correctional Safety to qualify as
a peace officer.
   This bill would make conforming and technical changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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) (1) Any member of the Office of Correctional Safety  or
any parole officer  of the Department of Corrections and
Rehabilitation, provided that the primary duties of the peace officer
shall be the investigation or apprehension of inmates, wards,
parolees, parole violators, or escapees from state institutions, the
transportation of those persons, the investigation of any violation
of criminal law discovered while performing the usual and authorized
duties of employment, and the coordination of those activities with
other criminal justice agencies.
   (2) Any member of the Office of Internal Affairs of the Department
of Corrections and Rehabilitation, provided that the primary duties
shall be criminal investigations of Department of Corrections and
Rehabilitation personnel and the coordination of those activities
with other criminal justice agencies. For purposes of this
subdivision, the member of the Office of Internal Affairs shall
possess certification from the Commission on Peace Officer Standards
and Training for investigators, or have completed training pursuant
to Section 6126.1 of the Penal Code.
   (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.
   (j) The Inspector General, pursuant to Section 6125, and the Chief
Deputy Inspector General, Chief Assistant Inspector General, Deputy
Inspector General In Charge, Senior Deputy Inspector General, Deputy
Inspector General, Senior Assistant Inspector General, Special
Assistant Inspector General, and those employees of the Inspector
General as designated by the Inspector General, are peace officers,
provided that the primary duty of these peace officers shall be
conducting audits of investigatory practices and other audits, as
well as conducting investigations, of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice and the Board of
Parole Hearings.
  SEC. 2.  Section 830.5 of the Penal Code is amended to read:
   830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except as
specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
   (a) A parole officer of the Department of Corrections  or
the Department of the Youth Authority   and  
Rehabilitation, including the Division of Juvenile Facilities  ,
probation officer, deputy probation officer, or a board coordinating
parole agent employed by the  Youthful Offender Parole
 Board  of Parole Hearings  . Except as otherwise
provided in this subdivision, the authority of these parole or
probation officers shall extend only as follows:
   (1) To conditions of parole or of probation by any person in this
state on parole or probation.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole or probation.
   (4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
   (5) To the rendering of mutual aid to any other law enforcement
agency.
   For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
 or of the Department of the Youth Authority  
and Rehabilitation  .
   Any parole officer of the Department of Corrections  , the
Department of the Youth Authority, or the Youthful Offender Parole
  and Rehabilitation or the  Board  of Parole
Hearings  is authorized to carry firearms, but only as
determined by the director on a case-by-case or unit-by-unit basis
and only under those terms and conditions specified by the director
or chairperson. The Department  of the Youth Authority
  of Corrections and Rehabilitation, Division of
Juvenile Facilities,  shall develop a policy for arming peace
officers of the Department  of the Youth Authority 
 of Corrections and Rehabilitation, Division of Juvenile
Facilities,  who comprise "high-risk transportation details" or
"high-risk escape details" no later than June 30, 1995. This policy
shall be implemented no later than December 31, 1995.
   The Department  of the Youth Authority   of
Corrections and Rehabilitation, Division of Juvenile Facilities,
 shall train and arm those peace officers who comprise tactical
teams at each facility for use during "high-risk escape details."
   (b) A correctional officer employed by the Department of
Corrections  and Rehabilitation  or any employee of the
Department  of the Youth Authority   of
Corrections and Rehabilitation, Division of Juvenile Facilities,
 having custody of wards or the Inspector General of the Youth
and Adult Correctional Agency or any internal affairs investigator
under the authority of the Inspector General or any employee of the
Department of Corrections  and Rehabilitation  designated by
the  Director   Secretary of   the
Department  of Corrections  and Rehabilitation  or any
correctional counselor series employee of the Department of
Corrections  and Rehabilitation  or any medical technical
assistant series employee designated by the  Director
  Secretary of the Department  of Corrections 
and Rehabilitation  or designated by the  Director of
Corrections   secretary  and employed by the State
Department of Mental Health or employee of the Board of Prison Terms
designated by the Secretary of the Youth and Adult Correctional
Agency or employee of the Department  of the Youth Authority
  of Corrections and Rehabilitation, Division of
Juvenile Facilities,  designated by the Director of the
Youth Authority   Chief Deputy Secretary, Division of
Juvenile   Facilities,  or any superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, or any transportation
officer of a probation department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections  or the
Department of the Youth Authority   and Rehabilitation,
including the Division of Juvenile Facilities  , a correctional
officer or correctional counselor employed by the Department of
Corrections  and Rehabilitation  or any employee of 
the Department of the Youth Authority   Cor  
rections and Rehabilitation, Division of Juvenile Facilities,
having custody of wards or any employee of the Department of
Corrections  and Rehabilitation  designated by the 
Director   Secretary of the Department  of
Corrections  and Rehabilitation  . A parole officer of the
 Youthful Offender Parole  Board  of Parole
  Hearings  may carry a firearm while not on duty only
when so authorized by the chairperson of the board and only under the
terms and conditions specified by the chairperson. Nothing in this
section shall be interpreted to require licensure pursuant to Section
12025. The  director  secretary  or
chairperson may deny, suspend, or revoke for good cause a person's
right to carry a firearm under this subdivision. That person shall,
upon request, receive a hearing, as provided for in the negotiated
grievance procedure between the exclusive employee representative and
the Department of Corrections  and Rehabilitation  ,
 the Department of the Youth Authority,  or the
 Youthful Offender Parole  Board  of Parole
Hearings  , to review the  director's  
secretary's  or the chairperson's decision.
   (d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
   (e) The Department of Corrections  and Rehabilitation 
shall allow reasonable access to its ranges for officers and
designees of either department to qualify to carry concealable
firearms off duty. The time spent on the range for purposes of
meeting the qualification requirements shall be the person's own time
during the person's off-duty hours.
   (f) The  Director   Secretary of the
Department  of Corrections  and Rehabilitation  shall
promulgate regulations consistent with this section.
   (g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the 
Director of the Youth Authority   Chief Deputy
Secretary, Division of Youth Facilities  , or his or her
designee. The  director   chief deputy secretary
 , or his or her designee, shall consider at least the
following in determining "high-risk transportation details" and
"high-risk escape details": protection of the public, protection of
officers, flight risk, and violence potential of the wards.
   (h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers. 
   (i) This section does not apply to a parole officer of the
Department of Corrections and Rehabilitation who is a peace officer
pursuant to paragraph (1) of subdivision (d) of Section 830.2.