BILL ANALYSIS �
AB 2137
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Date of Hearing: May 25, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2137 (Bradford) - As Amended: April 30, 2012
Policy Committee: Public
SafetyVote:
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.
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.
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 tactical training, which qualifies for partial
POST reimbursement (Peace Officers Training Fund).
COMMENTS
1)Rationale . The author references a 2005 Commission on Peace
Officers Standards and Training (POST) study and
recommendation that LAWA officers be changed to PC 830.1
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status.
According to the author, "Currently, LAWA Police Officers are
to perform their duties under Penal Code 830.33. Since 9/11,
stricter security measures have been employed in airports
around the nation to ensure the security of travelers,
airports and cities alike. However, LAX is in a very unique
situation since it handles approximately 65 million people
annually. It is the 3rd largest airport in the world in terms
of passenger volume and deemed as one of the state's top
terrorist targets.
"Although LAWA peace officers receive the same level of police
academy training as LAPD, in addition to aviation security
training, they are not given the statutory authority to
undertake specific actions in certain scenarios. LAWA peace
officers are the first responders to the scene of any dispute,
accident, or incident arising in its jurisdiction.
Disappointingly, if say a domestic dispute arises in the
Manchester area, a LAWA peace officer does not have the legal
authority to seize firearms or other deadly weapons at the
scene of the argument. Additionally, existing law does not
allow LAWA police to perform many operations considered vital
to the continual protection and function of the airports."
2)POST Feasibility Study : POST conducts feasibility studies
when a change of peace officer designation is requested. LAWA
requested a change from Penal Code Section 830.33 to Penal
Code Section 830.1. POST completed its study on June 1, 2005
and recommended LAWA police officers be designated Penal Code
830.1 peace officers. The report cited duties requiring the
additional Penal Code Section 830 authority, including the
need to:
a) Possess explosives for training canines for bomb
detection.
b) Seize explosives and incendiary devices, including
unclassified explosives.
c) Possess diversionary devices to immediately control
airport incidents.
d) Conduct background investigations on specified airport
workers.
e) Seize deadly weapons at the scene of domestic violence
calls.
f) Prevention of gridlock on roads leading to and from
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airports.
g) Prevention, enforcement and investigation of laws
regarding false bomb reports.
3)Support. Proponents, including the Peace Officers Research
Association of California (PORAC), generally cite the POST
study rationale.
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 2137 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."
4)Opposition. Opponents, including the L.A. Police Protective
League (PPL), cite a mayoral blue ribbon panel currently
evaluating LAX security issues as the reason to delay this
bill. According to the PPL, although POST conducted a
feasibility study on LAWA, the study was completed before the
Mayor Villaraigosa convened a panel of aviation, homeland
security, and law enforcement experts to determine whether
L.A. International Airport is prone to a terrorist attack, and
what should be done to reduce that risk.
The PPL states, "AB 2137 is premature until the City and
Council and Mayor make informed decisions about the future of
LAX security. We are concerned AB 2137 inappropriately
by-passes the local review process initiated by Mayor
Villaraigosa. This is a local issue that must be first
reviewed and decided by the entire City Council. We
respectfully request that AB 2137 not be moved until the City
of Los Angeles has concluded its work and appropriate local
decisions have been made."
5)Previous Legislation .
a) AB 1377 (Butler) was virtually identical to this bill,
and was held on the committee's Suspense File.
b) AB 1882 (Frommer), 2006, was virtually identical to this
bill and was held in the Senate Public Safety Committee at
the author's request.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
AB 2137
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