AB 2004

Introduced by Assembly Member Alanis
(Coauthor: Assembly Member Ransom)
 An act to amend Section 830.1 of the Penal Code, relating to peace officers.
peace officers
Peace officers: deputy sheriffs.
Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Under existing law, in certain counties, including the Counties of Butte and Calaveras, a deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of the officer’s employment and for the purpose of carrying out the primary function of employment relating to the officer’s custodial assignments, or when performing other law enforcement duties directed by the officer’s employing agency during a local state of emergency.
This bill would include a deputy sheriff employed by
			 the County of Fresno or
			 the County of San Joaquin within that definition of peace officer. The bill would make related findings and declarations.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) County jails and custodial facilities are essential to public safety in California, and officers assigned to perform custodial duties play a critical role in maintaining the operations of these facilities, including the custody, care, supervision, security, movement, and transportation of inmates.
(b) These responsibilities are carried out in volatile environments that present significant risks to the officers, who often
				serve as the first and only line of defense in responding to incidents and emergencies within detention facilities, including during local states of emergency.
(c) The Legislature has extended peace officer status under subdivision (c) of Section 830.1 of the Penal Code to deputy sheriffs performing custodial assignments in an increasing number of counties to recognize the importance of these roles and ensure consistency with counties already covered under existing law.
(d) Providing this peace officer designation will ensure more consistent statewide treatment, proper legal recognition of their authority while engaged in the performance of their custodial duties or when performing other law enforcement duties directed by their employing agency during a local state of emergency, and appropriate public recognition, including for memorialization purposes. This act does not expand
				the authority of these officers beyond the previously established limits of subdivision (c) of Section 830.1 of the Penal Code.
(e) It is the intent of the Legislature in amending Section 830.1 of the Penal Code to provide equal statutory recognition to deputy sheriffs who are assigned to custodial duties. This act is not intended to interfere with the collective bargaining process, alter existing bargaining units or job classifications, affect negotiations between the sheriff and employee organizations regarding compensation or assignments, or in any way encourage or authorize correctional personnel to take or displace traditional deputy sheriff law enforcement positions. This act does not place a finger on the scale of those negotiations or change the sheriff’s discretion in personnel matters beyond the specific peace officer designation provided in this act. The sole purpose of this act is to extend the existing framework of subdivision (c)
				of Section 830.1 of the Penal Code without expanding the scope of authority granted by the subdivision.
SEC. 2.
Section 830.1 of the
Penal Code
 is amended to read:
830.1.
(a) A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, a chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, a police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, a chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, a marshal or deputy marshal of a superior court or county, a port warden or port police officer of the Harbor Department of the City of Los Angeles, or an inspector or
						investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:
(1) As to a public offense committed or for 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.
(2) If the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by the sheriff to give consent, if the place is within a county.
(3) As to a public offense committed or for 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 of the offense.
(b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.
(c) A deputy sheriff of the County of Los Angeles, and a deputy sheriff of the Counties of Amador, Butte, Calaveras, Colusa, Del Norte, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Merced, Modoc, Mono, Nevada, Plumas, Riverside, San Benito, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state
						only while engaged in the performance of the duties of the officer’s respective employment and for the purpose of carrying out the primary function of employment relating to the officer’s custodial assignments, or when performing other law enforcement duties directed by the officer’s employing agency during a local state of emergency.