California Senate Bill SB1067 Introduced / Bill

 BILL NUMBER: SB 1067INTRODUCED BILL TEXT INTRODUCED BY Senator La Malfa FEBRUARY 13, 2012 An act to amend Section 830.39 of the Penal Code, and to amend Section 2403.5 of the Vehicle Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGEST SB 1067, as introduced, La Malfa. Peace officers: interstate cooperation. Existing law authorizes 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 this state if all of certain conditions are met, including, but not limited to, the out-of-state officer is providing law enforcement services in response to a request for services initiated by a member of the California Highway Patrol, providing law enforcement services for the purpose of assisting a member of the California Highway Patrol, as provided, and a reciprocal operational agreement is in effect between the Department of the California Highway Patrol and the law enforcement officer's out-of-state agency. This bill would expand the scope of these provisions to include any regularly employed law enforcement officer within the State of Oregon, the State of Nevada, or the State of Arizona and a California peace officer, as defined, and, with regard to the reciprocal operational agreements, expand the scope of these provisions to include the head of an authorized California law enforcement agency, or a designated representative, and authorized representatives of law enforcement agencies within the State of Oregon, the State of Nevada, or the State of Arizona. The bill would also make conforming changes. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 830.39 of the Penal Code is amended to read: 830.39. (a) 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   within the State of Oregon, the State of Nevada, or the State of Arizona  is a peace officer in this state if all of the following conditions are met: (1) The officer is providing, or attempting to provide, law enforcement services within this state on the state or county highways and areas 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. (2) The officer is providing, or attempting to provide, law enforcement services pursuant to either of the following: (A) In response to a request for services initiated by a  member of the California Highway Patrol   California peace officer as defined in Section 830.1 or subdivision (a) of Section 830.2  . (B) In response to 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 Department of the California Highway Patrol   California peace officer, as defined in Section 830.1 or subdivision (a) of Section 830.2,  is impractical to obtain under the circumstances. In those situations, the officer shall obtain authorization as soon as practical. (3) The officer is providing, or attempting to provide, law enforcement services for the purpose of assisting a  member of the California Highway Patrol   California peace officer, as defined in Section 830.1 or subdivision (a) of Section 830.2,  to provide emergency service in response to misdemeanor or felony criminal activity, pursuant to the authority of a peace officer as provided in  Section 830.1 or  subdivision (a) of Section 830.2, or, in the event of highway-related traffic accidents, emergency incidents or other similar public safety problems, whether or not a  member of the California Highway Patrol   California peace officer, as defined in Section 830.1 or subdivision (a) of Section 830.2,  is present at the scene of the event. Nothing in this section shall be construed to confer upon the officer the authority to enforce traffic or motor vehicle infractions. (4) An agreement pursuant to Section 2403.5 of the Vehicle Code is in effect between  the Department of the California Highway Patrol   a California law enforcement agency employing California peace officers, as defined in Section 830.1 or subdivision (a) of Section 830.2,  and the agency of the adjoining state employing the officer, the officer acts in accordance with that agreement, and the agreement specifies that the officer and employing agency of the adjoining state shall be subject to the same civil immunities and liabilities as a peace officer and his or her employing agency in this state. (5) The officer receives no separate compensation from this state for providing law enforcement services within this state. (6) The adjoining state employing the officer confers similar rights and authority upon a  member of the California Highway Patrol   California peace officer, as defined in Section 830.1 or subdivision (a) of Section 830.2,  who renders assistance within that state. (b) Whenever, pursuant to 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 in 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. (c) 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 requirements of Section 1031 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 required for peace officers in his or her state. (d)  In no case shall a   A  peace officer of an adjoining state shall not  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. SEC. 2. Section 2403.5 of the Vehicle Code is amended to read: 2403.5. The  commissioner,   head of an authorized California law enforcement agency,  or a designated representative, may enter into 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   law enforcement agencies within the State of Oregon, the State of Nevada, or the State of Arizona  to promote expeditious and effective law enforcement  sevice   service  to the public, and assistance between  the members of the California Highway Patrol   California peace officers, as defined in Section 830.1 or subdivision (a) of Section 830.2,  and those agencies, in areas adjacent to the borders of this state and each of the adjoining states pursuant to Section  830.32   830.39  of the Penal Code. The reciprocal operational agreement shall be in writing and may cover the reciprocal  exhange   exchange  of law enforcement services, resources, facilities and any other necessary and proper matters between the  Department of the California Highway Patrol   authorized California law enforcement agency  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   head of the California law enforcement agency  may establish operational procedures in implementation of any reciprocal operational agreement that are necessary to achieve the purposes of the agreement.