| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2340Introduced by Assembly Member Bigelow(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Berman and Mullin)(Coauthor: Senator McGuire)February 18, 2020 An act to amend Section 830.1 of the Penal Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGESTAB 2340, as introduced, Bigelow. Peace officers: deputy sheriffs.Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Under existing law, in certain counties, including the counties of Butte and Calaveras, a deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of the officers employment and for the purpose of carrying out the primary function of employment relating to the officers custodial assignments, or when performing other law enforcement duties directed by the officers employing agency during a local state of emergency.This bill would include a deputy sheriff employed by the County of Del Norte, the County of Mono, or the County of San Mateo within that definition of peace officer.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. Section 830.1 of the Penal Code is amended to read:830.1. (a) Any A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any a chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any a police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any a chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any a marshal or deputy marshal of a superior court or county, any a port warden or port police officer of the Harbor Department of the City of Los Angeles, or any an inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:(1) As to any a public offense committed or for which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves.(2) Where If the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her the sheriff to give consent, if the place is within a county.(3) As to any a public offense committed or for which there is probable cause to believe has been committed in the peace officers presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense.(b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.(c) Any A deputy sheriff of the County of Los Angeles, and any a deputy sheriff of the Counties of Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Mono, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her the officers respective employment and for the purpose of carrying out the primary function of employment relating to his or her the officers custodial assignments, or when performing other law enforcement duties directed by his or her the officers employing agency during a local state of emergency. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2340Introduced by Assembly Member Bigelow(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Berman and Mullin)(Coauthor: Senator McGuire)February 18, 2020 An act to amend Section 830.1 of the Penal Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGESTAB 2340, as introduced, Bigelow. Peace officers: deputy sheriffs.Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Under existing law, in certain counties, including the counties of Butte and Calaveras, a deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of the officers employment and for the purpose of carrying out the primary function of employment relating to the officers custodial assignments, or when performing other law enforcement duties directed by the officers employing agency during a local state of emergency.This bill would include a deputy sheriff employed by the County of Del Norte, the County of Mono, or the County of San Mateo within that definition of peace officer.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2340 |
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| 15 | 15 | | Introduced by Assembly Member Bigelow(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Berman and Mullin)(Coauthor: Senator McGuire)February 18, 2020 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Assembly Member Bigelow(Principal coauthor: Senator Hill)(Coauthors: Assembly Members Berman and Mullin)(Coauthor: Senator McGuire) |
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| 18 | 18 | | February 18, 2020 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 830.1 of the Penal Code, relating to peace officers. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2340, as introduced, Bigelow. Peace officers: deputy sheriffs. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Under existing law, in certain counties, including the counties of Butte and Calaveras, a deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of the officers employment and for the purpose of carrying out the primary function of employment relating to the officers custodial assignments, or when performing other law enforcement duties directed by the officers employing agency during a local state of emergency.This bill would include a deputy sheriff employed by the County of Del Norte, the County of Mono, or the County of San Mateo within that definition of peace officer. |
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| 30 | 30 | | Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Under existing law, in certain counties, including the counties of Butte and Calaveras, a deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of the officers employment and for the purpose of carrying out the primary function of employment relating to the officers custodial assignments, or when performing other law enforcement duties directed by the officers employing agency during a local state of emergency. |
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| 31 | 31 | | |
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| 32 | 32 | | This bill would include a deputy sheriff employed by the County of Del Norte, the County of Mono, or the County of San Mateo within that definition of peace officer. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 830.1 of the Penal Code is amended to read:830.1. (a) Any A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any a chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any a police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any a chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any a marshal or deputy marshal of a superior court or county, any a port warden or port police officer of the Harbor Department of the City of Los Angeles, or any an inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:(1) As to any a public offense committed or for which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves.(2) Where If the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her the sheriff to give consent, if the place is within a county.(3) As to any a public offense committed or for which there is probable cause to believe has been committed in the peace officers presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense.(b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.(c) Any A deputy sheriff of the County of Los Angeles, and any a deputy sheriff of the Counties of Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Mono, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her the officers respective employment and for the purpose of carrying out the primary function of employment relating to his or her the officers custodial assignments, or when performing other law enforcement duties directed by his or her the officers employing agency during a local state of emergency. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 830.1 of the Penal Code is amended to read:830.1. (a) Any A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any a chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any a police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any a chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any a marshal or deputy marshal of a superior court or county, any a port warden or port police officer of the Harbor Department of the City of Los Angeles, or any an inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:(1) As to any a public offense committed or for which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves.(2) Where If the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her the sheriff to give consent, if the place is within a county.(3) As to any a public offense committed or for which there is probable cause to believe has been committed in the peace officers presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense.(b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.(c) Any A deputy sheriff of the County of Los Angeles, and any a deputy sheriff of the Counties of Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Mono, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her the officers respective employment and for the purpose of carrying out the primary function of employment relating to his or her the officers custodial assignments, or when performing other law enforcement duties directed by his or her the officers employing agency during a local state of emergency. |
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| 46 | 46 | | SECTION 1. Section 830.1 of the Penal Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 830.1. (a) Any A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any a chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any a police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any a chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any a marshal or deputy marshal of a superior court or county, any a port warden or port police officer of the Harbor Department of the City of Los Angeles, or any an inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:(1) As to any a public offense committed or for which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves.(2) Where If the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her the sheriff to give consent, if the place is within a county.(3) As to any a public offense committed or for which there is probable cause to believe has been committed in the peace officers presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense.(b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.(c) Any A deputy sheriff of the County of Los Angeles, and any a deputy sheriff of the Counties of Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Mono, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her the officers respective employment and for the purpose of carrying out the primary function of employment relating to his or her the officers custodial assignments, or when performing other law enforcement duties directed by his or her the officers employing agency during a local state of emergency. |
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| 52 | 52 | | 830.1. (a) Any A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any a chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any a police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any a chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any a marshal or deputy marshal of a superior court or county, any a port warden or port police officer of the Harbor Department of the City of Los Angeles, or any an inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:(1) As to any a public offense committed or for which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves.(2) Where If the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her the sheriff to give consent, if the place is within a county.(3) As to any a public offense committed or for which there is probable cause to believe has been committed in the peace officers presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense.(b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.(c) Any A deputy sheriff of the County of Los Angeles, and any a deputy sheriff of the Counties of Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Mono, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her the officers respective employment and for the purpose of carrying out the primary function of employment relating to his or her the officers custodial assignments, or when performing other law enforcement duties directed by his or her the officers employing agency during a local state of emergency. |
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| 54 | 54 | | 830.1. (a) Any A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any a chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any a police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any a chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any a marshal or deputy marshal of a superior court or county, any a port warden or port police officer of the Harbor Department of the City of Los Angeles, or any an inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:(1) As to any a public offense committed or for which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves.(2) Where If the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her the sheriff to give consent, if the place is within a county.(3) As to any a public offense committed or for which there is probable cause to believe has been committed in the peace officers presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense.(b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.(c) Any A deputy sheriff of the County of Los Angeles, and any a deputy sheriff of the Counties of Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Mono, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her the officers respective employment and for the purpose of carrying out the primary function of employment relating to his or her the officers custodial assignments, or when performing other law enforcement duties directed by his or her the officers employing agency during a local state of emergency. |
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| 58 | 58 | | 830.1. (a) Any A sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any a chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any a police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any a chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any a marshal or deputy marshal of a superior court or county, any a port warden or port police officer of the Harbor Department of the City of Los Angeles, or any an inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows: |
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| 60 | 60 | | (1) As to any a public offense committed or for which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves. |
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| 62 | 62 | | (2) Where If the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her the sheriff to give consent, if the place is within a county. |
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| 64 | 64 | | (3) As to any a public offense committed or for which there is probable cause to believe has been committed in the peace officers presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense. |
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| 66 | 66 | | (b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed. |
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| 68 | 68 | | (c) Any A deputy sheriff of the County of Los Angeles, and any a deputy sheriff of the Counties of Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Mono, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her the officers respective employment and for the purpose of carrying out the primary function of employment relating to his or her the officers custodial assignments, or when performing other law enforcement duties directed by his or her the officers employing agency during a local state of emergency. |
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