BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2626|
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THIRD READING
Bill No: AB 2626
Author: Jones (D)
Amended: 3/18/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 73-0, 5/6/10 - See last page for vote
SUBJECT : County of Sacramento: Sheriffs security
officers
SOURCE : Sacramento Deputy Sheriffs Association
DIGEST : This bill authorizes the Sheriff of Sacramento
County to assign sheriff's security officers, as defined,
to provide physical security and protection to properties
owned, operated, or administered by any public agency,
privately owned company, or nonprofit entity, as specified,
whose primary business supports national defense, or whose
facility is qualified as national critical infrastructure
under federal law or by a federal agency, or who stores or
manufactures material which, if stolen, vandalized, or
otherwise compromised, may compromise national security or
may pose a danger to residents of the County of Sacramento.
ANALYSIS : Existing law provides for a variety of peace
officer categories and categories of public officers who
CONTINUED
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are not peace officers but who may exercise some of the
powers of a peace officer. (Penal Code sections 830 et
seq.)
Existing law creates a category of police or sheriff's
security officer - who is not a peace officer - as follows:
1. A police or sheriff's security officer is a public
officer - employed by the police chief or sheriff -
whose primary duty is the security of locations or
facilities as directed by the sheriff.
2. Duties may include physical security and protection of
facilities owned, operated, or administered by the
county or other entities contracting with the city or
county for police services.
3. A police or sheriff's security officer is not a public
peace officer nor a peace officer for purposes of
Government Code Section 3301 - Public Safety Officers
Procedural Bill of Rights Act.
4. A police or sheriff's security officer may carry a
firearm, baton and other safety equipment as authorized
by the sheriff while performing authorized duties; he or
she may not exercise peace officer powers of arrest but
may issue citations if authorized by the sheriff.
5. Each police or sheriff's security officer shall complete
a course of training pursuant to existing Commission on
Peace Officer Standards and Training peace officer
training requirements within 90 days of assuming his or
her duties (Section 832 training - 64 hours of basic
peace officer instruction: 40 hours of classroom
"arrest and tactics" training and 24 hours of firearms
training.)
6. The authority of a police or sheriff's security officer
shall only be conferred while on duty.
7. No additional retirement benefits - safety officer
benefits - shall be conferred on police or sheriff's
security officers.
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8. Police or Sheriff's security officers shall not be
required to comply with the Department of Consumer
Affairs training or permitting to carry a club or baton
if they complete such a course of instruction approved
by the Commission on Peace Officer Standards and
Training within 90 days of employment. (Penal Code
section 12002) (Penal Code section 831.4.)
Existing law provides that a public officer or employee,
when authorized by ordinance, may arrest a person without a
warrant whenever the officer or employee has reasonable
cause to believe that the person to be arrested has
committed a misdemeanor in the presence of the officer or
employee that is a violation of a statute or ordinance that
the officer or employee has the duty to enforce. (Penal
Code section 836.5(a).)
Existing law provides that the board of supervisors of any
county may contract on behalf of the sheriff of that
county, and the legislative body of any city may contract
on behalf of the chief of police of that city, to provide
supplemental law enforcement services to:
1. Private individuals or private entities to preserve the
peace at special events or occurrences that happen on an
occasional basis.
2. Private nonprofit corporations that are recipients of
federal, state, county, or local government low-income
housing funds or grants to preserve the peace on an
ongoing basis.
3. Private entities at critical facilities on an occasional
or ongoing basis. A "critical facility" means any
building, structure, or complex that in the event of a
disaster, whether natural or manmade, poses a threat to
public safety, including, but not limited to, airports,
oil refineries, and nuclear and conventional fuel power
plants.
4. Contracts entered into pursuant to this section shall
provide for full reimbursement to the county or city of
the actual costs of providing those services, as
determined by the county auditor or auditor-controller,
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or by the city, as the case may be.
5. Such services, except as specified, shall be rendered by
regularly appointed full-time peace officers, as defined
in Section 830.1 of the Penal Code.
6. Peace officer rates of pay shall be governed by a
memorandum of understanding.
7. A contract entered into pursuant to this section shall
encompass only law enforcement duties and not services
authorized to be provided by a private patrol operator,
as defined in Section 7582.1 of the Business and
Professions Code.
8. Contracting for law enforcement services, as authorized
by this section, shall not reduce the normal and regular
ongoing service that the county, agency of the county,
or city otherwise would provide.
9. Prior to contracting for ongoing services, the board of
supervisors or legislative body, as applicable, shall
discuss the contract and the requirements of this
section at a duly noticed public hearing.(Gov. Code
section 53069.8.)
This bill authorizes the Sacramento County Sheriff to
assign sheriff's security officers, as defined, to provide
physical security and protection to any properties owned,
operated, or administered by any public agency, privately
owned company, or nonprofit entity, contracting for
security sources from the County of Sacramento, whose
primary business supports national defense, or whose
facility is qualified as national critical infrastructure
under federal law or by a federal agency, or who stores or
manufactures material which, if stolen, vandalized, or
otherwise compromised, may compromise national security or
may pose a danger to residents of the County of Sacramento.
Any contract entered into pursuant to this bill, shall
provide for full reimbursement to the County of Sacramento
for the actual costs of providing those services, as
determined by the county auditor or auditor-controller.
Prior to contracting for services pursuant to this
paragraph, the Sacramento County Board of Supervisors shall
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discuss the contract and the requirements of this paragraph
at a duly noticed public hearing.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/23/10)
Sacramento Deputy Sheriff's Association (source)
Sacramento County Sheriff
ARGUMENTS IN SUPPORT : According to the author's office,
existing law authorizes Sheriff's and Police Security
Officers to guard only those properties owned or operated
by a City, County, or a municipality that contracts for
their services. This bill expands the potential properties
to be guarded to included those public and privately owned
facilities that qualify as a national critical
infrastructure, or who store or manufacture materials that
might jeopardize national security or pose a danger to the
community if compromised.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Bass, Block, De La Torre, Gilmore,
Mendoza, Smyth, Vacancy
RJG:do 6/23/10 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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