BILL ANALYSIS �
AB 1377
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Date of Hearing: May 27, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1377 (Butler) - As Introduced: February 18, 2011
Policy Committee: Public
SafetyVote: 5-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill places Los Angeles World Airports (LAWA) peace
officers within the top category of peace officers (Penal Code
830.1, rather than 830.33) 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
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International Airport, the Ontario International Airport,
the Palmdale Regional Airport and the Van Nuys Airport.
FISCAL EFFECT
Unknown special fund costs, potentially in excess of $150,000,
to the extent the proposed upgrade in peace officer category
results in state reimbursement from the Commission on Peace
Officer Standards and Training (POST) to LAWA for
special/enhanced training - that qualifies for partial POST
reimbursement (Peace Officers Training Fund).
COMMENTS
1)Rationale . The author references the Commission on Peace
Officers and Standards (POST) study and subsequent
recommendation that LAWA officers be changed to PC 830.1
status.
"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.' "
2)Support. Proponents, including the L.A. Airport Peace Officers
Association, the L.A. District Attorney, the L.A. City
Attorney, two city council members, and the Peace Officers
Research Association of California (PORAC), generally cite the
POST study.
According to PORAC, "Ensuring the safety of all Californians
and those visiting our state is PORAC's top priority. It is
our strong belief that AB 1377 supports this priority and
strengthens public safety by providing the Los Angeles Airport
Police 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."
According to former L.A. Police Chief and Councilmember
Bernard Parks, "As the first line of defense against any
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potential terrorist attacks on our airports, it is essential
that the Los Angeles Airport Police be granted the authority
that only comes by being placed under thedesignation of Penal
Code Section 830.1 - a recommendation made by POST in 2005."
3)Opposition. Opponents, including the L.A. Police Protective
League (PPL)and two L.A. city council members, generally cite
the Mayor's Blue Ribbon Panel currently evaluating LAX
security issues as the reason to delay this bill.
According to Councilmember Greg Smith, "Los Angeles Mayor
Antonio Villaraigosa has commissioned a Blue Ribbon Panel that
is in currently evaluating the issues surrounding the security
of LAX. As an appointed member of the Blue Ribbon Panel and
as Chairman of the City Council's Public Safety Committee, I
authored a resolution on Wednesday, April 27, 2011 opposing AB
1377 and any local, state or federal action prior to the
release and evaluation of our empanelled Blue Ribbon
Committee's recommendations on LAX security."
According to the PPL, "Although POST conducted a feasibility
study on LAWA, this study was completed and recommendations
were made well before the Mayor convened a "Blue Ribbon" Panel
to deal with airport security at LAX. As you may know, last
October, Los Angeles Mayor Antonio Villaraigosa convened a
"Blue Ribbon" Panel of aviation, homeland security, and law
enforcement experts to determine whether Los Angeles
International Airport is prone to a terrorist attack, and
what should be done to reduce that risk?.
"Accordingly, AB 1377 is premature until this "Blue Ribbon"
panel can complete its task, and the City Council can make
informed decisions about the future of LAX security."
4) Previous Legislation . AB 1882 (Frommer), 2006, was
nearly identical to this bill, passed the Assembly 41-31 on
a party-line votes, and was held in the Senate Public
Safety Committee at the author's request.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
AB 1377
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