BILL ANALYSIS
SB 1190
Page 1
Date of Hearing: June 15, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1190 (Cedillo) - As Amended: May 10, 2010
SUMMARY : Provides that animal control officers and illegal
dumping enforcement officers must satisfactorily complete a
course of training approved by the Commission on Peace Officers
Standards and Training (POST), rather than a course certified by
the Department of Consumer Affairs (DCA), in the carrying and
use of any wooden club or baton, and authorizes the training
institution to charge a fee covering the cost of training.
EXISTING LAW :
1)Allows certain officers and guards to carry a club or baton
after specified training. Persons authorized include:
a) A police officer, special police officer, peace officer,
or law enforcement officer if trained by POST in the use of
a club or baton. [Penal Code Section 12002(a).]
b) A uniform security guard within the scope of his or her
employment if trained in the use of a club or baton by an
institution licensed by the DCA. [Penal Code Section
12002(b).]
c) A county sheriff's or police security officer upon
completion of POST training in the use of a club or baton
within 90 days of employment. If after 90 days, the
officer must complete the training program certified by
DCA, and obtain a permit from DCA. [Penal Code Section
12002(c).]
d) An animal control officer or illegal dumping enforcement
officer upon completion of a course for carrying and use of
a club or baton certified by the DCA. [Penal Code Section
12002(g).]
2)Requires the DCA, in cooperation with POST, to develop
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standards for a course in the carrying and use of the club or
baton. [Penal Code Section 12002 (c).]
3)Provides that specified persons are not peace officers but may
exercise the powers of arrest of a peace officer, as
specified, during the course and within the scope of their
employment if they successfully complete a course in the
exercise of those powers pursuant to Penal Code Section 832.
Persons authorized include:
a) Persons designated by a cemetery authority pursuant to
Health and Safety Code Section 8325.
b) Persons regularly employed as security officers for
independent institutions of higher education 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 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 (DFFP)
designated by DFFP Director, as specified.
e) Persons regularly employed as inspectors, supervisors,
or security officers for transit districts if the district
has concluded a memorandum of understanding (MOU)
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.
f) Non-peace officers regularly employed as county parole
officers.
g) Persons appointed by the Executive Director of the
California Science Center.
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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 MOU with the chief of
police permitting the exercise of that authority.
i) Persons regularly employed by any department of the City
of Los Angeles who are designated as security officers and
authorized by local ordinance.
j) Illegal dumping enforcement officers, to the extent
necessary to enforce laws related to illegal waste dumping
or littering, and authorized by the jurisdiction's sheriff
or chief of police. (Penal Code Section 830.7.)
4)Provides that animal control officers are not peace officers
but may exercise the powers of arrest of a peace officer, as
specified, and the power to serve warrants, as specified, if
those officers successfully complete a course in the exercise
of those powers prescribed by POST. (Penal Code Section
830.9.)
5)Provides that every peace officer shall satisfactorily
complete an introductory course of training prescribed by POST
and that after July 1, 1989 satisfactory completion of the
course shall be demonstrated by passage of an appropriate
examination developed or approved by POST. [Penal Code
Section 832(a).]
6)Provides that prior to the exercise of peace officer powers,
an authorized person shall have satisfactorily completed the
POST course. [Penal Code Section 832(b).]
7)Provides that a person shall not have the powers of a peace
officer until he or she has satisfactorily completed the POST
course. [Penal Code Section 832(c).]
FISCAL EFFECT : None
COMMENTS : According to the author, "Under existing law, animal
control officers may exercise the powers of arrest and the power
to serve warrants if the officers have completed a training
course approved by POST. Animal control officers may also carry
a wooden club or baton if the officers have completed a course
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certified by the DCA.
"This bill would make animal control officer trainings certified
by only one umbrella agency: POST. When the state imposes
requirements on individuals, those requirements should be easily
understandable. We should make it easy for people to fulfill
their obligations to our state.
"The DCA is an agency that is designed to protect California
consumers by ensuring a competent and fair marketplace.
Requiring animal control officers to obtain training that is
certified by the DCA creates confusion because the DCA has no
established procedures for animal control officers to complete
their training.
"This bill does not change the requirements for animal control
officers, they are still required to complete their training.
Animal control officers are instrumental in assisting police and
sheriff's agencies throughout the state with cases where animals
are involved. It is crucial that their training be
comprehensive and accessible to allow them to continue serving
in our communities."
REGISTERED SUPPORT / OPPOSITION :
Support
Bell Gardens Police Department
California Animal Control Directors Association
California Peace Officers Association
California Police Chiefs Association
El Monte Police Department
Glendora Police Department
La Palma Police Department
Laborers International Union of North America,
Locals 777 and 792
National Latino Peace Officers Association,
East Los Angeles Chapter
Palos Verdes Estates Police Department
Peace Officers Research Association of California
Santa Ana Police Department
Southgate Police Department
Whittier Police Department
Opposition
SB 1190
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None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744