BILL NUMBER: SB 1190AMENDED BILL TEXT AMENDED IN SENATE MARCH 22, 2010 INTRODUCED BY Senator Cedillo FEBRUARY 18, 2010 An act to amend Section 12002 of the Penal Code, relating to animal control officers. LEGISLATIVE COUNSEL'S DIGEST SB 1190, as amended, Cedillo. Animal control officers: baton training. Under existing law, animal control officers are not peace officers but may exercise the powers of arrest and the power to serve warrants if the officers have completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training. Under existing law an animal control officer may carry a wooden club or baton if the officer has completed a course certified by the Department of Consumer Affairs in the carrying or use of the club or baton. This bill would remove the requirement that animal control officers complete training certified by the Department of Consumer Affairs in order to be permitted to carry a club or baton and would instead require the officers to complete training approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton in order to carry a club or baton. 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 12002 of the Penal Code is amended to read: 12002. (a) Nothing in this chapter prohibits police officers, special police officers, peace officers, or law enforcement officers from carrying any wooden club, baton, or any equipment authorized for the enforcement of law or ordinance in any city or county. (b) Nothing in this chapter prohibits a uniformed security guard, regularly employed and compensated by a person engaged in any lawful business, while actually employed and engaged in protecting and preserving property or life within the scope of his or her employment, from carrying any wooden club or baton if the uniformed security guard has satisfactorily completed a course of instruction certified by the Department of Consumer Affairs in the carrying and use of the club or baton. The training institution certified by the Department of Consumer Affairs to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. (c) The Department of Consumer Affairs, in cooperation with the Commission on Peace Officer Standards and Training, shall develop standards for a course in the carrying and use of the club or baton. (d) Any uniformed security guard who successfully completes a course of instruction under this section is entitled to receive a permit to carry and use a club or baton within the scope of his or her employment, issued by the Department of Consumer Affairs. The department may authorize certified training institutions to issue permits to carry and use a club or baton. A fee in the amount provided by law shall be charged by the Department of Consumer Affairs to offset the costs incurred by the department in course certification, quality control activities associated with the course, and issuance of the permit. (e) Any person who has received a permit or certificate which indicates satisfactory completion of a club or baton training course approved by the Commission on Peace Officer Standards and Training prior to January 1, 1983, shall not be required to obtain a baton or club permit or complete a course certified by the Department of Consumer Affairs. (f) Any person employed as a county sheriff's or police security officer, as defined in Section 831.4, shall not be required to obtain a club or baton permit or to complete a course certified by the Department of Consumer Affairs in the carrying and use of a club or baton, provided that the person completes a course approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton, within 90 days of employment. (g) Nothing in this chapter prohibits an animal control officer, as described in Section 830.9, from carrying any wooden club or baton if the animal control officer has satisfactorily completed the course of training approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton pursuant to subdivision (f). A training institution approved by the commission to present this course, whether public or private, is authorized to charge a fee covering the cost of the training . (h) Nothing in this chapter prohibits an illegal dumping enforcement officer, as described in Section 830.7, from carrying any wooden club or baton if the illegal dumping enforcement officer has satisfactorily completed a course of instruction certified by the Department of Consumer Affairs in the carrying and use of the club or baton. The training institution certified by the Department of Consumer Affairs to present this course, whether public or private, is authorized to charge a fee covering the cost of the training.