BILL ANALYSIS �
SB 1067
Page 1
Date of Hearing: June 19, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1067 (La Malfa) - As Amended: May 1, 2012
SUMMARY : Authorizes the City of Tulelake, California 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
(CHP).
EXISTING LAW :
1)Allows 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 California if all the following
conditions are met �Penal Code Section 830.39(a)]:
a) The officer is providing, or attempting to provide, law
enforcement services within this state on the state or
county highways and area 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;
b) The officer is providing, or attempting to provide, law
enforcement services in response to either a request for
services initiated by a member of the CHP or a reasonable
belief that emergency law enforcement services are
necessary for the preservation of life, and a request for
services by a member of the CHP is impractical to obtain
under the circumstances;
c) The officer is providing, or attempting to provide, law
enforcement services for the purpose of assisting a member
of the CHP to provide emergency service in response to a
misdemeanor or felony criminal activity, or in the event of
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a highway-related traffic accident, emergency incidents or
other similar public safety problems, whether or not a
member of the CHP is present at the scene of the event;
d) An agreement is in place, as specified, between the CHP
and the agency of the adjoining state agency employing the
officer, the officer acts in accordance with that
agreement, and the agreement specifies that the officer and
the employing agency shall be subject to the same civil
immunities and liabilities as a peace officer and his or
her agency in this state would be subject to;
e) The officer receives to separate compensation from this
state for providing law enforcement services within this
state; and,
f) The adjoining state employing the officer confers
similar rights and authority upon a member of the CHP who
renders assistance within that state.
2)States that whenever, pursuant to a 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 into 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. �Penal Code
Section 830.39(b).]
3)States that 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 specified requirements 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 course for peace officers in his or her
state. �Penal Code Section 830.39(c).]
4)States that in no case shall a peace officer of an adjoining
state 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. �Penal Code Section 830.39(d).]
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5)Authorizes the CHP commissioner to enter into a reciprocal
operational agreements with authorized representatives of the
Oregon State Police, the Nevada Department of Motor Vehicles
and Public Safety, and the Arizona Department of Public Safety
to promote expeditious and effective law enforcement service
to the public, and assistance between the members of the CHP
and those agencies, in areas adjacent to the borders of this
state and each of the adjoining states, as specified. 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 CHP 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
commissioner may establish operational procedures in
implementation of any reciprocal operational agreement that
are necessary to achieve the purposes of the agreement.
(Vehicle Code Section 2403.5.)
FISCAL EFFECT : Unknown.
COMMENTS :
1)Author's Statement : According to the author, "The City of
Tulelake, California along the Oregon border is a significant
distance of any nearby law enforcement assistance. In the
event of an emergency, it would take the nearest help nearly
an hour to arrive. Fortunately, out-of-state assistance is
only a few miles away in the City of Malin, Oregon. This bill
would allow the Tulelake Police Department to enter into
reciprocal operating agreements with the Malin Police
Department for mutual assistance. For Tulelake, calls for
assistance will no longer have to be routed through state
government to get the help they need."
2)Mutual Aid Background : According to Cal EMA, the California
Emergency Management Agency, "The Law Enforcement Mutual Aid
System was established in 1961, and has been used to restore
order during emergencies, including civil unrest and to
provide assistance to local agencies during other unusual
events. As a component of the Standardized Emergency
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Management System, the Mutual Aid System is based on four
organizational levels: cities, counties, regions and the
State. The state is divided into seven Law Enforcement
Mutual Aid Regions. The County Sheriff is a key role player
within the system. Each sheriff serves as the Regional Mutual
Aid Coordinator.
"The basic concept provides that within the operational area,
adjacent or neighboring law enforcement agencies will assist
each other. Should the event require assistance from outside
the county, the region will provide requested assistance to
the impacted county. If the combined resources of the region
are insufficient to cope with the incident, the Regional
Coordinator contacts the State Law Enforcement Mutual Aid
Coordinator at Cal EMA. A similar plan exists for The County
Coroners. The plan provides for coroner assistance from the
local up to the federal level.
"Planned events, such as concerts, parades, fairs, etc. are
the responsibility of local agencies. Any requirement for
additional public safety presence should be addressed through
contractual arrangements. If any event, planned or
spontaneous, appears that it may result in a request for
mutual aid, or some other special resource, and early call to
the Cal EMA Law Enforcement Division is encouraged. A staff
peace officer from the branch will usually be assigned to work
directly with the jurisdiction to assist in plans
development."
REGISTERED SUPPORT / OPPOSITION :
Support
California Police Chiefs Association
California State Sheriffs' Association
League of California Cities
Opposition
None
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
SB 1067
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