BILL NUMBER: AB 2623	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2012
	AMENDED IN ASSEMBLY  MAY 25, 2012

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 24, 2012

   An act to amend Section 830.38 of the Penal Code, relating to
peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2623, as amended, Allen. State hospitals: peace officers.
   Under existing law, peace officers of a state hospital under the
jurisdiction of the State Department of  Mental Health
  State Hospitals  or the State Department of
Developmental Services are authorized to carry firearms only as
authorized and under terms and conditions specified by their
employing agency.
   This bill would require  each department to  
the State Department of State Hospitals , by June 30, 2013,
 to  adopt a policy  for   regarding
 arming peace officers of state hospitals under  each
department's   its  jurisdiction while performing
security functions outside of the secure area of the hospital, and
would require  each   the  department to
implement the policy by January 1, 2014.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 830.38 of the   Penal
Code   is amended to read: 
   830.38.  The officers of a state hospital under the jurisdiction
of the State Department of State Hospitals or the State Department of
Developmental Services appointed pursuant to Section 4313 or 4493 of
the Welfare and Institutions Code, 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 836 as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code provided that the primary duty of the peace
officers shall be the enforcement of the law as set forth in Sections
4311, 4313, 4491, and 4493 of the Welfare and Institutions Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.  By
June 30, 2013, the State Department of State Hospitals sha  
ll develop a policy regarding arming state hospital peace officers
under its jurisdiction while those officers are performing hospital
security functions outside of the secure area of the hospital. The
department shall implement this policy by January 1, 2014. 

  SECTION 1.    Section 830.38 of the Penal Code is
amended to read:
   830.38.  The officers of a state hospital under the jurisdiction
of the State Department of Mental Health or the State Department of
Developmental Services appointed pursuant to Section 4313 or 4493 of
the Welfare and Institutions Code, 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 836
as to any public offense with respect to which there is immediate
danger to person or property, or of the escape of the perpetrator of
that offense, or pursuant to Section 8597 or 8598 of the Government
Code provided that the primary duty of the peace officers shall be
the enforcement of the law as set forth in Sections 4311, 4313, 4491,
and 4493 of the Welfare and Institutions Code. Those peace officers
may carry firearms only if authorized under the terms and conditions
specified by their employing agency. By June 30, 2013, the State
Department of Mental Health and the State Department of Development
Services shall each develop a policy for arming state hospital peace
officers under their jurisdiction while those officers are performing
hospital security functions outside of the secure area of the
hospital. Each department shall implement its policy by January 1,
2014.