BILL NUMBER: AB 2172 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 20, 2014
An act to amend Section 830.5 of the Penal Code, relating to peace
officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2172, as introduced, Jones-Sawyer. Peace officers: definition.
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 their 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 make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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 a
person in this state on parole, probation, mandatory
supervision, or postrelease community supervision.
(2) To the escape of any an 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.
(C) Any A 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 a
firearm , 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,
shall develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, 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, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
(b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any an employee of the
Department of Corrections and Rehabilitation designated by the
secretary or any a correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any a 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 an employee of the Board of Parole
Hearings designated by the secretary or employee of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice,
designated by the secretary or any a
superintendent, supervisor, or employee having custodial
responsibilities in an institution operated by a probation
department, or any a 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, 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, having custody of wards or any
an 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, or the Juvenile
Parole Board, to review the director's or the chairperson's decision.
(d) Persons permitted to carry firearms a
firearm 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
a firearm 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 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, secretary or his or her designee. The
secretary, secretary or his or her
designee, 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.