BILL NUMBER: AB 1040	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 22, 2013

   An act to amend Section 830.5 of the Penal Code, relating to peace
officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1040, as introduced, Wieckowski. Peace officer: firearms.
   Existing law designates various persons as peace officers,
including probation officers, parole officers, and parole agents, and
provides that their authority extends to certain duties, including
to the conditions of parole, probation, or postrelease community
supervision of a person in the state on parole, probation, or
postrelease community supervision, the escape of an inmate or ward
from a state or local institution, the transportation of persons on
parole, probation, or postrelease community supervision, and
violations of law that are discovered while performing his or her
duties. Existing law categorizes a probation officer as a peace
officer who may carry firearms only if authorized by his or her
employing agency, and under the terms and conditions specified by his
or her employing agency.
   This bill would require the chief probation officer of each county
to train and arm those probation officers and deputy probation
officers who are assigned supervision of persons on probation or
postrelease community supervision that are deemed high risk. The bill
would require every county probation department to promulgate
regulations consistent with these provisions.
   By imposing new duties on counties, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 830.5 of the Penal Code is amended to read:
   830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except
as specified in this section, these peace officers may carry
firearms only if authorized and under those terms and conditions
specified by their employing agency:
   (a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole, probation, mandatory supervision, or
postrelease community supervision by any person in this state on
parole, probation, mandatory supervision, or postrelease community
supervision.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole, probation,
mandatory supervision, or postrelease community supervision.
   (4) To violations of any penal provisions of law  which
  that  are discovered while performing the usual
or authorized duties of his or her employment.
   (5) (A) To the rendering of mutual aid to any other law
enforcement agency.
   (B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile  Justice 
 Facilities  .
   (C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile  Justice
  Facilities  , shall develop a policy for arming
peace officers of the Department of Corrections and Rehabilitation,
Division of Juvenile  Justice   Facilities 
, who comprise "high-risk transportation details" or "high-risk
escape details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
   (D) The Department of Corrections and Rehabilitation, Division of
Juvenile  Justice   Facilities  , shall
train and arm those peace officers who comprise tactical teams at
each facility for use during "high-risk escape details." 
   (E) The chief probation officer of each county shall train and arm
those probation officers and deputy probation officers who are
assigned supervision duties of persons on probation or postrelease
community supervision that are deemed "high risk." 
   (b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile  Justice 
 Facilities  , having custody of wards or any employee of
the Department of Corrections and Rehabilitation designated by the
secretary or any correctional counselor series employee of the
Department of Corrections and Rehabilitation or any medical technical
assistant series employee designated by the secretary or designated
by the secretary and employed by the State Department of 
Mental Health   State Hospitals  or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile  Justice   Facilities  ,
designated by the secretary or any superintendent, supervisor, or
employee having custodial responsibilities in an institution operated
by a probation department, or any transportation officer of a
probation department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile  Justice   Facilities  , a
correctional officer or correctional counselor employed by the
Department of Corrections and Rehabilitation, or an employee of the
Department of Corrections and Rehabilitation, Division of Juvenile
 Justice   Facilities  , having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary. A parole officer of the
Juvenile Parole Board may carry a firearm while not on duty only when
so authorized by the chairperson of the board and only under the
terms and conditions specified by the chairperson. Nothing in this
section shall be interpreted to require licensure pursuant to Section
25400. The director or chairperson may deny, suspend, or revoke for
good cause a person's right to carry a firearm under this
subdivision. That person shall, upon request, receive a hearing, as
provided for in the negotiated grievance procedure between the
exclusive employee representative and the Department of Corrections
and Rehabilitation, Division of Juvenile  Justice 
 Facilities  , or the Juvenile Parole Board, to review the
director's or the chairperson's decision.
   (d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
   (e) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
   (f) The secretary  and every county probation department 
shall promulgate regulations consistent with this section.
   (g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
   (h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers. 
   (i) This section is operative January 1, 2012. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.