BILL ANALYSIS �
AB 1377
Page 1
Date of Hearing: May 3, 2011
Consultant: Stefani Salt
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1377 (Butler) - As Introduced: February 18, 2011
SUMMARY : Places an airport law enforcement officer regularly
employed by the Los Angeles World Airports (LAWA) within a
different category of peace officers whose authority extends to
any place within California without restrictions on arrest
powers and authority to carry specified firearms. Specifically,
this bill :
1)Places airport law enforcement officers regularly employed by
LAWA in the category of peace officers with authority that
extends to any place in California as follows:
a) As to a public offense committed or which there is
probable cause to believe has been committed within the
political subdivision that employs the peace officer or in
which the peace officer serves.
b) Where a peace officer has prior consent of the chief of
police or chief, director or chief executive officer of a
consolidated municipal public safety agency, or person
authorized to give consent, if the place is within a city,
or of the sheriff, or person authorized to give consent, if
the place is within a county.
c) As to a public offense committed or which there is
probable cause to believe has been committed in the peace
officer's presence, and with respect to which there is
immediate danger to person or property, or of the escape of
the perpetrator.
2)Defines "LAWA" as the department of the City of Los Angeles
that owns and operates the Los Angeles International Airport,
the Ontario International Airport, the Palmdale Regional
Airport and the Van Nuys Airport.
3)Makes the following legislative findings and declarations:
AB 1377
Page 2
a) A special law is necessary for airport law enforcement
officers regularly employed by LAWA; and,
b) A general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances facing the
City of Los Angeles relating to law enforcement at the Los
Angeles International Airport.
EXISTING LAW :
1)Provides that the following are peace offices, who may carry
firearms only if authorized and under terms and conditions
specified by their employing agency, whose authority extends
to any place in California for the purpose of performing their
primary duty, or when making an arrest for a public offense
where there is immediate danger to a person or property or to
prevent the perpetrator's escape, as specified, or during a
state of emergency, as specified:
a) Members of the San Francisco Bay Area Rapid Transit
District Police Department if their primary duty is
enforcement of the law in or about property owned, operated
or administered by the district or when performing a
necessary duty with respect to patrons, employees and
properties of the district.
b) Harbor or port police if their primary duty is
enforcement of law in or about property owned, operated or
administered by harbor or port or when performing a
necessary duty with respect to patrons, employees and
properties of the harbor or port.
c) Transit police officers or peace offices of a county,
city, transit development board or district if the primary
duty is the enforcement of the law in or abut property
owned, operated or administered by the employing agency or
when performing a necessary duty with respect to patrons,
employees and properties of the employing agency.
d) Persons employed as airport law enforcement officers by
a city, county or district operating the airport or a joint
powers agency operating the airport if their primary duty
is the enforcement of the law in or about property owned,
AB 1377
Page 3
operated and administered by the employing agency or when
performing a necessary duty with respect to patrons,
employees and properties of the employing agency.
e) Railroad police officers commissioned by the Governor if
their primary duty is the enforcement of the law in or
about property owned, operated or administered by the
employing agency or when performing necessary duties with
respect to patrons, employees and properties of the
employing agency. (Penal Code Section 830.33.)
2)Declares certain persons to be peace officers: any sheriff,
under sheriff, deputy sheriff, chief of police, officer of
municipal public safety agency who performs police functions,
police officer, officer of the San Diego Unified Port District
Harbor Police, marshal or deputy marshal of a superior court
or county, port warden or port police office of the Harbor
Department of the City of Los Angeles, or inspector or
investigator employed in that capacity in the office of the
district attorney. Provides that the authority of these peace
officers extends to any place in California as follows �Penal
Code Section 830.1(a)]:
a) As to a public offense committed or which there is
probable cause to believe has been committed within the
political subdivision that employs the peace officer or in
which the peace officer serves. �Penal Code Section
830.1(a)(1).]
b) Where the peace officer has prior consent of the chief
of police or chief, director or chief executive officer of
a consolidated municipal public safety agency, or person
authorized by him or her to give consent if the place is
within a city or of the sheriff, or person authorized by
him or her to give consent if the place is within a county.
�Penal Code Section 830.1(a)(2).]
c) As to a public offense committed or which there is
probable cause to believe has been committed in the peace
officer's presence, and with respect to which there is
immediate danger to person or property, or of the
perpetrator's escape. �Penal Code Section 830.1(a)(3).]
3)Provides that in order to change peace officer designation or
status, the Commission on Peace Officers Standards and
AB 1377
Page 4
Training (POST) must be requested to undertake a study to
assess the need for such a change. Requires POST to undertake
the study in accordance with its regulations. �Penal Code
Section 13540(b).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "The �LAWA]
police force currently protects four airports and surrounding
neighborhoods, handling over 65,000,000 people a year. LAWA
police responded to over 73,000 calls for service in 2003.
Crimes most often committed include weapons, drug violations,
and theft. Los Angeles International Airport is still
considered a major terrorist threat. Currently, these
officers can arrest anywhere in the state, but only if the
crime is in relation to protecting the LAWA. A recent
feasibility study by �POST] recommends that LAWA police
officers be given more authority to perform their duty to
protect the airports and communities.
"POST (the state's absolute established authority on peace
officer standards) completed the study for the LAWA Police
Chief (as required by law) regarding the above change. After
numerous interviews with Federal, state and local agencies,
and a thorough review of LAWA Police Department's current
jurisdiction, authority and changes that would be accomplished
by the move, the Commission found that 'LAWA Police Department
officers require additional powers and authority to perform
the current duties and responsibilities.' POST then
recommended that the LAWA police officers be designated as
Peace Officers pursuant to Penal Code Section 830.1. This
bill gives these officers the tools to protect our
communities."
2)Background : According to the information provided by the
author, "In May 2005, Los Angeles voters decided by a 65% vote
that a specially-trained, solely-dedicated �LAWA] Police force
was the force it wanted in place to protect the airports.
Legislation is needed to give the LAWA police officers the
additional authority needed to fulfill the full spectrum of
duties, responsibilities and demands of protecting one of the
nation's biggest airports in a post-9/11 environment.
AB 1377
Page 5
"Currently, Los Angeles Airport Police are designated under
Penal Code Section 830.33. This section provides that 'the
following persons are peace officers whose authority extends
to any place in the State for the purpose of performing their
primary duty or when making an arrest pursuant to Section 863
as to any public offense with respect to which there is
immediate danger to person, property of the escape of the
perpetrator of that offense.' . . .
"The Penal Code 830.1 status for Airport Police is supported by
the Los Angeles Board of Airport Commissioners, the
LAX-Airlines-Airport Affairs Committee (representing more than
85 airlines operating at LAX), the Peace Officers Research
Association of California and the Chief Legislative Analyst
for the City of Los Angeles.
"By allowing this authority, it will simply provide parity of
authority for Airport Police to that of the Los Angeles Harbor
Patrol Officers and the LAPD. Granting 830.1 authority is
important for the protection of our citizens and will be
helpful in the recruitment and retention of highly trained
airport police officers. It will also improve the LAWA's
ability to receive more state and federal funding due to the
increased training."
3)POST Feasibility Study : POST conducts feasibility studies
when a change of designation is requested regarding an
existing peace officer position. Bernard J. Wilson, LAWA
Chief of Police, requested a feasibility study regarding a
change in designation for LAWA airport law enforcement
officers from Penal Code Section 830.33 to Penal Code Section
830.1. POST completed this study on June 1, 2005.
At the conclusion of their study, POST recommended that LAWA
police officers be designated as peace officers under Penal
Code Section 830.1. The study included extensive interviews
with LAWA officers, the Los Angeles Police Department, other
local law enforcement and federal law enforcement agencies.
The report acknowledged that the duties and responsibilities
of LAWA officers stem from the Airport Commission and cited 10
duties and responsibilities which require the additional
authority provided by a Penal Code Section 830.1 designation:
a) The need to possess explosives for training canines for
bomb detection.
AB 1377
Page 6
b) The duty to seize explosives and incendiary devices,
including unclassified explosives.
c) The need to possess diversionary devices to immediately
control an incident at airports.
d) The duty to conduct background investigations on people
working at airports in accordance with the Federal
Transportation Security Agency regulations.
e) The authority for an officer to seize firearms or other
deadly weapons at the scene of domestic violence calls in
and around airport terminals, in residential areas owned by
airports and in businesses under LAWA's control.
f) The responsibility to keep unsafe vehicles off public
roads in and around airport property and to prevent them
from entering airports.
g) The function of preventing gridlock on roads leading to
and from airports.
h) The prevention, enforcement and investigation of all
laws regarding making and giving false bomb reports.
i) The need to issue a citation to a person involved in a
traffic accident where there is reasonable cause to believe
the person committed a vehicular misdemeanor or infraction.
�POST, A Report to the Legislature and the Los Angeles Airport
Police Department on Peace Officer Feasibility Study (June 1,
2005).]
3)Argument in Support : According to the Los Angeles Airport
Peace Officers Association , "This bill would fulfill the 2005
recommendation made by �POST] to place the Los Angeles Airport
Police under Penal Code �Section] 830.1. With this
designation, the Los Angeles Airport Police will be granted
the authority and resources necessary to thoroughly protect
Los Angeles World Airports - including LAX, one of the
nation's busiest airports and hubs of commerce."
4)Previous Legislation : AB 1882 (Frommer), of the 2005-06
Legislative Session, was nearly identical to this bill. AB
AB 1377
Page 7
1882 was held in the Senate Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles Airport Peace Officers Association (Sponsor)
Airport Police Command Officers' Association of Los Angeles
City Attorney, City of Los Angeles
Councilmember, Second District, City of Los Angeles
Councilmember, Eighth District, City of Los Angeles
Councilmember, 14th District, City of Los Angeles
District Attorney, County of Los Angeles
Los Angeles Airport Police Supervisors' Association
Peace Officers Research Association of California
Opposition
Los Angeles Police Protective League
Analysis Prepared by : Stefani Salt / PUB. S. / (916) 319-3744