BILL NUMBER: SB 1067 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 11, 2012
INTRODUCED BY Senator La Malfa
( Coauthor: Senator Anderson
)
(Coauthor: Assembly Member Nielsen)
FEBRUARY 13, 2012
An act to amend add Section
830.39 of 830.41 to the Penal Code,
and to amend Section 2403.5 of the Vehicle Code, relating
to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
SB 1067, as amended, La Malfa. Peace officers: interstate
cooperation. mutual aid.
Existing law authorizes any regularly employed law enforcement
officer of the Oregon State Police, the Nevada Department of Motor
Vehicles and Public Safety, or the Arizona Department of Public
Safety to be a peace officer in this state if all of certain
conditions are met, including, but not limited to, the out-of-state
officer is providing law enforcement services in response to a
request for services initiated by a member of the California Highway
Patrol, providing law enforcement services for the purpose of
assisting a member of the California Highway Patrol, as provided, and
a reciprocal operational agreement is in effect between the
Department of the California Highway Patrol and the law enforcement
officer's out-of-state agency.
Existing law establishes the Commission on Peace Officer Standards
and Training to establish minimum standards of training for peace
officers.
This bill would expand the scope of these provisions to include
specified peace officers within the State of Oregon, the State of
Nevada, or the State of Arizona and a California peace officer, as
defined, and, with regard to the reciprocal operational agreements,
expand the scope of these provisions to include the sworn head of an
authorized California law enforcement agency, or a designated
representative, and authorized representatives of law enforcement
agencies within the State of Oregon, the State of Nevada, or the
State of Arizona. The bill would provide that a peace officer from an
adjoining state who exercises authority pursuant to this bill would
be subject to the supervisory control of and limitations imposed by
his or her employing agency unless supervisory control is temporarily
delegated to a California peace officer. The bill would also require
that the reciprocal operating agreement be reviewed and approved by
the Commission on Peace Officer Standards and Training prior to the
effective date of the reciprocal operating agreement. The bill would
provide that the agreement would not take effect unless the
commission approves the agreement. The bill would also make
conforming changes.
This bill would authorize the City of Tulelake, California to
enter into a mutual aid agreement with the City of Malin, Oregon, to
permit their police departments to provide mutual aid to each other
when necessary. The bill would require that the agreement be reviewed
and approved by the Commissioner of the California Highway Patrol.
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 830.41 is added to the
Penal Code , to read:
830.41. Notwithstanding any other provision of law, the City of
Tulelake, California is authorized to enter into a mutual aid
agreement with the City of Malin, Oregon, for the purpose of
permitting their police departments to provide mutual aid to each
other when necessary. Before the effective date of the agreement, the
agreement shall be reviewed and approved by the Commissioner of the
California Highway Patrol.
SECTION 1. Section 830.39 of the Penal Code is
amended to read:
830.39. (a) Any regularly employed Oregon peace officer as
defined in subdivision (3)(a) or (3)(b) of Section 133.005 of the
Oregon Revised Statutes, any Nevada Category I peace officer as
defined in Section 289.460 of the Nevada Revised Statutes, or any
Arizona peace officer, as defined in Section 1-215 of the Arizona
Revised Statutes, is a peace officer in this state if all of the
following conditions are met:
(1) The officer is providing, or attempting to provide, law
enforcement services within this state on the state or county
highways and areas immediately adjacent thereto, within a distance of
up to 50 statute miles of the contiguous border of this state and
the state employing the officer.
(2) The officer is providing, or attempting to provide, law
enforcement services pursuant to either of the following:
(A) In response to a request for services initiated by a
California peace officer as defined in Section 830.1 or subdivision
(a) of Section 830.2.
(B) In response to a reasonable belief that emergency law
enforcement services are necessary for the preservation of life, and
a request for services by a California peace officer, as defined in
Section 830.1 or subdivision (a) of Section 830.2, is impractical to
obtain under the circumstances. In those situations, the officer
shall obtain authorization as soon as practical.
(3) The officer is providing, or attempting to provide, law
enforcement services for the purpose of assisting a California peace
officer, as defined in Section 830.1 or subdivision (a) of Section
830.2, to provide emergency service in response to misdemeanor or
felony criminal activity, pursuant to the authority of a peace
officer as provided in Section 830.1 or subdivision (a) of Section
830.2, or, in the event of highway-related traffic accidents,
emergency incidents or other similar public safety problems, whether
or not a California peace officer, as defined in Section 830.1 or
subdivision (a) of Section 830.2, is present at the scene of the
event. Nothing in this section shall be construed to confer upon the
officer the authority to enforce traffic or motor vehicle
infractions.
(4) An agreement pursuant to Section 2403.5 of the Vehicle Code is
in effect between a California law enforcement agency employing
California peace officers, as defined in Section 830.1 or subdivision
(a) of Section 830.2, and the agency of the adjoining state
employing the officer, the officer acts in accordance with that
agreement, and the agreement specifies that the officer and employing
agency of the adjoining state shall be subject to the same civil
immunities and liabilities as a peace officer and his or her
employing agency in this state.
(5) The officer receives no separate compensation from this state
for providing law enforcement services within this state.
(6) The adjoining state employing the officer confers similar
rights and authority upon a California peace officer, as defined in
Section 830.1 or subdivision (a) of Section 830.2, who renders
assistance within that state.
(b) Whenever, pursuant to Nevada law, a Nevada correctional
officer is working or supervising Nevada inmates who are performing
conservation-related projects or fire suppression duties within
California, the correctional officer may maintain custody of the
inmates in California, and retake any inmate who should escape in
California, to the same extent as if the correctional officer were a
peace officer in this state and the inmate had been committed to his
or her custody in proceedings under California law.
(c) Notwithstanding any other provision of law, any person who is
acting as a peace officer in this state in the manner described in
this section shall be deemed to have met the requirements of Section
1031 of the Government Code and the selection and training standards
of the Commission on Peace Officer Standards and Training if the
officer has completed the basic training required for peace officers
in his or her state.
(d) A peace officer of an adjoining state shall not be authorized
to provide services within a California jurisdiction during any
period in which the regular law enforcement agency of the
jurisdiction is involved in a labor dispute.
(e) A peace officer from an adjoining state who exercises
authority pursuant to this section is subject to the supervisory
control of and limitations imposed by his or her employing agency
unless supervisory control is temporarily delegated to a California
peace officer as defined in Section 830.1 or subdivision (a) of
Section 830.2.
SEC. 2. Section 2403.5 of the Vehicle Code is
amended to read:
2403.5. The sworn head of an authorized California law
enforcement agency, or a designated representative, may enter into
reciprocal operational agreements with authorized representatives of
law enforcement agencies within the State of Oregon, the State of
Nevada, or the State of Arizona to promote expeditious and effective
law enforcement service to the public, and assistance between
California peace officers, as defined in Section 830.1 or subdivision
(a) of Section 830.2, and those agencies, in areas adjacent to the
borders of this state and each of the adjoining states pursuant to
Section 830.39 of the Penal Code. The reciprocal operational
agreement shall be in writing and may cover the reciprocal exchange
of law enforcement services, resources, facilities and any other
necessary and proper matters between the authorized California law
enforcement agency and the respective agency. Any agreement shall
specify the involved departments, divisions, or units of the
agencies, the duration and purpose of the agreement, the
responsibility for damages, the method of financing any joint or
cooperative undertaking, and the methods to be employed to terminate
an agreement. The sworn head of the California law enforcement agency
may establish operational procedures in implementation of any
reciprocal operational agreement that are necessary to achieve the
purposes of the agreement. The reciprocal operating agreement shall
be reviewed and approved by the Commission on Peace Officer Standards
and Training prior to the effective date of the reciprocal operating
agreement. The agreement shall not take effect unless the commission
approves the agreement.