California 2017-2018 Regular Session

California Assembly Bill AB1440 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~1440 CHAPTER 116~~ An act to add Section 830.85 to the Penal Code, relating to peace officers. ~~[ Approved by Governor July 24, 2017. Filed with Secretary of State July 24, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1440, Kalra. Peace officers.Under existing law, federal criminal investigators and law enforcement officers are not California peace officers, but are authorized to exercise the powers of arrest of a peace officer in this state under specified circumstances, including when probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.This bill would specify that United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California is experiencing a new reality under the current federal administration, with particularly concerning tactics and strategies being employed by the United States Immigration and Customs Enforcement (ICE) in the enforcement of federal immigration orders.(b) The concerning tactics and strategies include ICE officers misrepresenting themselves as peace officers or police officers to persuade and compel friends, family members, and associates of suspected undocumented immigrants to reveal information about, or the whereabouts of, a suspected undocumented immigrant.(c) These tactics undermine the trust and faith Californias local law enforcement works to develop with local communities every day to provide for the publics safety.(d) Additionally, ICE officers are not trained as California peace officers, they are not required to undergo the rigorous training required to become a California peace officer, and the training received by ICE officers in the course of their official duties is not as comprehensive as, and thus not equivalent to, the training required to be a California peace officer.(e) As a result, California must take any and all necessary actions to disassociate the actions of ICE officers with those of state and local peace officers, make it clear that federal immigration officers are not California peace officers, and appropriately ensure the public knows the difference.SEC. 2. Section 830.85 is added to the Penal Code, immediately following Section 830.8, to read:830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.
	1	+	Enrolled July 07, 2017 Passed IN Senate June 29, 2017 Passed IN Assembly July 06, 2017 Amended IN Senate June 14, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1440Introduced by Assembly Member KalraFebruary 17, 2017 An act to add Section 830.85 to the Penal Code, relating to peace officers.LEGISLATIVE COUNSEL'S DIGESTAB 1440, Kalra. Peace officers.Under existing law, federal criminal investigators and law enforcement officers are not California peace officers, but are authorized to exercise the powers of arrest of a peace officer in this state under specified circumstances, including when probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.This bill would specify that United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California is experiencing a new reality under the current federal administration, with particularly concerning tactics and strategies being employed by the United States Immigration and Customs Enforcement (ICE) in the enforcement of federal immigration orders.(b) The concerning tactics and strategies include ICE officers misrepresenting themselves as peace officers or police officers to persuade and compel friends, family members, and associates of suspected undocumented immigrants to reveal information about, or the whereabouts of, a suspected undocumented immigrant.(c) These tactics undermine the trust and faith Californias local law enforcement works to develop with local communities every day to provide for the publics safety.(d) Additionally, ICE officers are not trained as California peace officers, they are not required to undergo the rigorous training required to become a California peace officer, and the training received by ICE officers in the course of their official duties is not as comprehensive as, and thus not equivalent to, the training required to be a California peace officer.(e) As a result, California must take any and all necessary actions to disassociate the actions of ICE officers with those of state and local peace officers, make it clear that federal immigration officers are not California peace officers, and appropriately ensure the public knows the difference.SEC. 2. Section 830.85 is added to the Penal Code, immediately following Section 830.8, to read:830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.
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3		-	Assembly Bill No. 1440 CHAPTER 116 An act to add Section 830.85 to the Penal Code, relating to peace officers. [ Approved by Governor July 24, 2017. Filed with Secretary of State July 24, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 1440, Kalra. Peace officers.Under existing law, federal criminal investigators and law enforcement officers are not California peace officers, but are authorized to exercise the powers of arrest of a peace officer in this state under specified circumstances, including when probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.This bill would specify that United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled July 07, 2017 Passed IN Senate June 29, 2017 Passed IN Assembly July 06, 2017 Amended IN Senate June 14, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1440Introduced by Assembly Member KalraFebruary 17, 2017 An act to add Section 830.85 to the Penal Code, relating to peace officers.LEGISLATIVE COUNSEL'S DIGESTAB 1440, Kalra. Peace officers.Under existing law, federal criminal investigators and law enforcement officers are not California peace officers, but are authorized to exercise the powers of arrest of a peace officer in this state under specified circumstances, including when probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.This bill would specify that United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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	5	+	Enrolled July 07, 2017 Passed IN Senate June 29, 2017 Passed IN Assembly July 06, 2017 Amended IN Senate June 14, 2017 Amended IN Assembly March 28, 2017
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	7	+	Enrolled July 07, 2017
	8	+	Passed IN Senate June 29, 2017
	9	+	Passed IN Assembly July 06, 2017
	10	+	Amended IN Senate June 14, 2017
	11	+	Amended IN Assembly March 28, 2017
	12	+
	13	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	15		Assembly Bill No. 1440
6		-	CHAPTER 116
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	17	+	Introduced by Assembly Member KalraFebruary 17, 2017
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	19	+	Introduced by Assembly Member Kalra
	20	+	February 17, 2017
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8	22		An act to add Section 830.85 to the Penal Code, relating to peace officers.
9		-
10		-	[ Approved by Governor July 24, 2017. Filed with Secretary of State July 24, 2017. ]
11	23
12	24		LEGISLATIVE COUNSEL'S DIGEST
13	25
14	26		## LEGISLATIVE COUNSEL'S DIGEST
15	27
16	28		AB 1440, Kalra. Peace officers.
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18	30		Under existing law, federal criminal investigators and law enforcement officers are not California peace officers, but are authorized to exercise the powers of arrest of a peace officer in this state under specified circumstances, including when probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.This bill would specify that United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.
19	31
20	32		Under existing law, federal criminal investigators and law enforcement officers are not California peace officers, but are authorized to exercise the powers of arrest of a peace officer in this state under specified circumstances, including when probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.
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22	34		This bill would specify that United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.
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24	36		## Digest Key
25	37
26	38		## Bill Text
27	39
28	40		The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California is experiencing a new reality under the current federal administration, with particularly concerning tactics and strategies being employed by the United States Immigration and Customs Enforcement (ICE) in the enforcement of federal immigration orders.(b) The concerning tactics and strategies include ICE officers misrepresenting themselves as peace officers or police officers to persuade and compel friends, family members, and associates of suspected undocumented immigrants to reveal information about, or the whereabouts of, a suspected undocumented immigrant.(c) These tactics undermine the trust and faith Californias local law enforcement works to develop with local communities every day to provide for the publics safety.(d) Additionally, ICE officers are not trained as California peace officers, they are not required to undergo the rigorous training required to become a California peace officer, and the training received by ICE officers in the course of their official duties is not as comprehensive as, and thus not equivalent to, the training required to be a California peace officer.(e) As a result, California must take any and all necessary actions to disassociate the actions of ICE officers with those of state and local peace officers, make it clear that federal immigration officers are not California peace officers, and appropriately ensure the public knows the difference.SEC. 2. Section 830.85 is added to the Penal Code, immediately following Section 830.8, to read:830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.
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30	42		The people of the State of California do enact as follows:
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32	44		## The people of the State of California do enact as follows:
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34	46		SECTION 1. The Legislature finds and declares all of the following:(a) California is experiencing a new reality under the current federal administration, with particularly concerning tactics and strategies being employed by the United States Immigration and Customs Enforcement (ICE) in the enforcement of federal immigration orders.(b) The concerning tactics and strategies include ICE officers misrepresenting themselves as peace officers or police officers to persuade and compel friends, family members, and associates of suspected undocumented immigrants to reveal information about, or the whereabouts of, a suspected undocumented immigrant.(c) These tactics undermine the trust and faith Californias local law enforcement works to develop with local communities every day to provide for the publics safety.(d) Additionally, ICE officers are not trained as California peace officers, they are not required to undergo the rigorous training required to become a California peace officer, and the training received by ICE officers in the course of their official duties is not as comprehensive as, and thus not equivalent to, the training required to be a California peace officer.(e) As a result, California must take any and all necessary actions to disassociate the actions of ICE officers with those of state and local peace officers, make it clear that federal immigration officers are not California peace officers, and appropriately ensure the public knows the difference.
35	47
36	48		SECTION 1. The Legislature finds and declares all of the following:(a) California is experiencing a new reality under the current federal administration, with particularly concerning tactics and strategies being employed by the United States Immigration and Customs Enforcement (ICE) in the enforcement of federal immigration orders.(b) The concerning tactics and strategies include ICE officers misrepresenting themselves as peace officers or police officers to persuade and compel friends, family members, and associates of suspected undocumented immigrants to reveal information about, or the whereabouts of, a suspected undocumented immigrant.(c) These tactics undermine the trust and faith Californias local law enforcement works to develop with local communities every day to provide for the publics safety.(d) Additionally, ICE officers are not trained as California peace officers, they are not required to undergo the rigorous training required to become a California peace officer, and the training received by ICE officers in the course of their official duties is not as comprehensive as, and thus not equivalent to, the training required to be a California peace officer.(e) As a result, California must take any and all necessary actions to disassociate the actions of ICE officers with those of state and local peace officers, make it clear that federal immigration officers are not California peace officers, and appropriately ensure the public knows the difference.
37	49
38	50		SECTION 1. The Legislature finds and declares all of the following:
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40	52		### SECTION 1.
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42	54		(a) California is experiencing a new reality under the current federal administration, with particularly concerning tactics and strategies being employed by the United States Immigration and Customs Enforcement (ICE) in the enforcement of federal immigration orders.
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44	56		(b) The concerning tactics and strategies include ICE officers misrepresenting themselves as peace officers or police officers to persuade and compel friends, family members, and associates of suspected undocumented immigrants to reveal information about, or the whereabouts of, a suspected undocumented immigrant.
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46	58		(c) These tactics undermine the trust and faith Californias local law enforcement works to develop with local communities every day to provide for the publics safety.
47	59
48	60		(d) Additionally, ICE officers are not trained as California peace officers, they are not required to undergo the rigorous training required to become a California peace officer, and the training received by ICE officers in the course of their official duties is not as comprehensive as, and thus not equivalent to, the training required to be a California peace officer.
49	61
50	62		(e) As a result, California must take any and all necessary actions to disassociate the actions of ICE officers with those of state and local peace officers, make it clear that federal immigration officers are not California peace officers, and appropriately ensure the public knows the difference.
51	63
52	64		SEC. 2. Section 830.85 is added to the Penal Code, immediately following Section 830.8, to read:830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.
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54	66		SEC. 2. Section 830.85 is added to the Penal Code, immediately following Section 830.8, to read:
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56	68		### SEC. 2.
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58	70		830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.
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60	72		830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.
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62	74		830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.
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64	76
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66	78		830.85. Notwithstanding any other law, United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers.