BILL NUMBER: AB 2384	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

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 amended, 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  
member of the Division of Adult Parole Operations or the Division of
Juvenile Facilities  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 
, with the additional requirement that the peace officer's duties
also include the enforcement of conditions of parole and the
rendering of mutual aid to any other law enforcement agency  .
   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. 
   (3) Any member of the Division of Adult Parole Operations or the
Division of Juvenile Justice 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, the enforcement of conditions of parole imposed
on any person in this state on parole, the coordination of those
activities with other criminal justice agencies, and the rendering of
mutual aid to any other law enforcement agency. 
   (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 and
Rehabilitation,  including the Division of Juvenile
Facilities,  probation officer, deputy probation officer, or
a board coordinating parole agent employed by the 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
and Rehabilitation.
   Any parole officer of the Department of Corrections 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
Corrections and Rehabilitation, Division of Juvenile Facilities,
shall develop a policy for arming peace officers of the Department 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 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
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
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 Secretary of the Department of
Corrections and Rehabilitation or designated by the 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
Corrections and Rehabilitation, Division of Juvenile Facilities,
designated by the 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 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 Corrections and Rehabilitation,
Division of Juvenile Facilities, having custody of wards or any
employee of the Department of Corrections and Rehabilitation
designated by the Secretary of the Department of Corrections and
Rehabilitation. A parole officer of the 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
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,
or the Board of Parole Hearings, to review the 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 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 Chief
Deputy Secretary, Division of Youth Facilities, or his or her
designee. The 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
  agent  of the Department of Corrections and
Rehabilitation who is a peace officer pursuant to paragraph 
(1)   (3)  of subdivision (d) of Section 830.2.