SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 2891 (Jones-Sawyer) - Peace officers: California Science Center and Exposition Park

Bill Summary:

AB 2891 would make museum security and safety officers at the California Science Center (CSC) peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest, as specified.

Fiscal Impact:

Costs to CSC in the mid-hundreds of thousands of dollars annually for peace officer training and overtime costs to backfill officers while they are attending training. (General Fund, special fund*)

The center may incur additional costs if changes are prompted on through whom museum security and safety officers receive their training. Currently, CSC contracts with the California Highway Patrol (CHP) to train museum security and safety officers. Added costs would depend on if CHP continues the sponsorship/management of training once CSC officers are peace officers requiring Commission on Peace Officer Standards and Training (POST)-approved training. (General Fund, special fund*)

The California Natural Resources Agency indicates that museum security and safety officers already receive peace officer retirement benefits, so there should not be added retirement benefit-related costs with a change in status.

*Exposition Park Improvement Fund

Background:

According to the analysis of this bill by the Assembly Committee on Public Safety:

In 1989, SB 353 (Presley), Chapter 1165, Statutes of 1989, was introduced as a result of interim hearings of the Senate Judiciary Subcommittee on Corrections and Law Enforcement Agencies. SB 353 regrouped peace officer categories according to the nature of their jurisdiction rather than the scope of their authority. SB 353 also required a POST review of all classification requests prior to legislative consideration of granting peace officer status in the future, or where there is a request to change peace officer designation or status.

Pursuant to SB 353, Penal Code Section 13540 provides that POST may charge a fee to the person or entity requesting a feasibility study. The study must be completed within 18 months and include a review of the proposed duties and responsibilities of the person employed in the category seeking peace officer designation. (Penal Code Sections 13541 and 13542.)

It is a general rule that one legislative body cannot limit or restrict the power of subsequent Legislatures, and the act of one Legislature does not bind its successors (see In re Collie (1952) 38 Cal.2d 396, 398). Thus a statute purporting to condition future legislative action on compliance with conditions in that statute may be superseded by subsequent contrary legislative action. Therefore, the present Legislature, if it so chooses, need not comply with the Penal Code Section 13540 POST feasibility study requirement.

Proposed Law:

This bill would grant peace officer status to museum security and safety officers of the CSC at Exposition Park. It also would state that all peace officers whose authority extend to any place in the state for the purpose of performing their primary duty or when making an arrest, as specified, (i.e., 830.3 peace officers) to satisfactorily complete the introductory training course prescribed by POST.

Related Legislation:

AB 2361 (Santiago, Ch. 356, Stats. 2016) allowed local law enforcement agencies to deputize or appoint reserve officers at private universities, as specified.

AB 2936 (Ridley-Thomas, Ch. 240, Stats. 2006) would have allowed CSC to contract with POST for a study, pursuant to existing law, to address the advisability of a change in designation or status of some or all of the museum security and safety officers. AB 2936 was amended with entirely new language to address a different topic.

SB 353 (Presley, Ch. 1165, Stats. 1989) required any person or persons seeking peace officer status pursuant to specified provisions of law who did have peace officer on January 1, 1990, (or a person or persons who are designated as peace officers who request a change in peace officer designation or status) to request POST to undertake a feasibility study regarding designating that person or persons as peace officers.

Staff Comments:

In 1995, POST conducted a peace officer feasibility study of CSC museum security and safety officers. Among POST’s conclusions were:

[T]he primary workload of the security officers, guarding the museums, exhibits, staff and visitors of the California Museum of Science and Industry does not require peace officer authority; the current duties and workload of the museum security officer positions do not regularly or frequently require peace officer authority; and law enforcement services available from the Los Angeles Police Department are sufficient to handle the existing and projected workload.

The study ended with the following recommendation: “The Commission recommends the Museum Security Officer positions of the California Museum of Science and Industry, Department of Public Safety, not be designated as peace officers.” It does not appear that circumstances have changed from the time of the study to now that would warrant a change in the recommendation by POST.

Nonetheless, the MOU between the State of California and the California Statewide Law Enforcement Association for Bargaining Unit 7 for the period from July 2, 2019, through July 1, 2023, provides that “[t]he State of California and the California Science Center agree to support legislation and any necessary SPB Board Item(s) to reclassify and/or reassign the Museum Security Officers and Supervising Museum Security Officers at the California Science Center to Law Enforcement classifications.”

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SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: AB 2891 Hearing Date: August 7, 2020

Subject: Peace Officers: California Science Center and Exposition Park

HISTORY

Source: CA State Law Enforcement Association

Prior Legislation: AB 2361 (Santiago), Ch.356 Stats. 2016

Support: California Statewide Law Enforcement Association (CSLEA)

Opposition: None known

Assembly Floor Vote: 77 - 1

PURPOSE

The purpose of this bill is to grant security officers at the California Science Center at Exposition Park peace officer status, clarify their training requirements, and makes conforming changes

Existing law requires that any person or persons desiring peace officer status who, on January 1, 1990, were not entitled to be designated as peace officers under that chapter shall request the Commission on Peace Officers Standards and Training (POST) to undertake a feasibility study regarding designating that person or persons as peace officers. The request and study shall be undertaken in accordance with regulations adopted by POST. POST may charge any person, with specified exceptions, requesting a study, a fee, not to exceed the actual cost of undertaking the study. (Pen. Code, § 13540, subd. (a).)

Existing law provides that any study undertaken under this article shall include, but shall not be limited to, the current and proposed duties and responsibilities of persons employed in the category seeking the designation change, their field law enforcement duties and responsibilities, their supervisory and management structure, their proposed training methods and funding sources and the extent to which their current duties and responsibilities require additional peace officer powers and authority. (Pen. Code, §13540, subd. (b).)

Existing law states the Exposition Park Manager administers oversight for the police and security services of the park. The Exposition Park Manager may appoint the following persons:

1) The chief, assistant chief, and the security and public safety leadership of

Exposition Park, who shall have the powers of peace officers as specified in

Section 830.3 of the Penal Code, and who shall work in consultation and

under contract with the Exposition Park Manager.

2) Other safety officers who shall have the powers of arrest as specified in

Section 830.7 of the Penal Code.

The officers appointed pursuant to subdivision (a) shall provide police and security services to keep order and to preserve the peace and safety of persons and property at the California Science Center, California African American Museum, and all other facilities in Exposition Park on a year-round basis, in coordination with the direction or information provided by the Exposition Park Manager. (Food and Agr. Code §4108 subd. (a) (b).)

Existing law provides that every peace officer shall satisfactorily complete an introductory course of training prescribed by the Commission on Peace Officer Standards and Training (POST) and that after July 1, 1989 satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by POST. (Pen. Code. § 832, subd. (a).)

Existing law provides that prior to the exercise of peace officer powers, every peace officer shall have satisfactorily completed the POST course. (Pen. Code, § 832, subd. (b).)

Existing law provides that a person shall not have the powers of a peace officer until he or she has satisfactorily completed the POST course. (Pen. Code, § 832, subd. (c).)

Existing law provides that the following are peace officers, who may carry firearms only if authorized and under terms and conditions specified by their employing agency, whose authority extends to any place in California for the purpose of performing their primary duty, or when making an arrest for a public offense where there is immediate danger to a person or property or to prevent the perpetrator's escape, as specified, or during a state of emergency, as specified:

1. Members of the San Francisco Bay Area Rapid Transit District Police Department if their primary duty is enforcement of the law in or about property owned, operated or administered by the district or when performing a necessary duty with respect to patrons, employees and properties of the district;
2. Harbor or port police if their primary duty is enforcement of law in or about property owned, operated or administered by harbor or port or when performing a necessary duty with respect to patrons, employees and properties of the harbor or port;
3. Transit police officers or peace offices of a county, city, transit development board or district if the primary duty is the enforcement of the law in or abut property owned, operated or administered by the employing agency or when performing a necessary duty with respect to patrons, employees and properties of the employing agency;
4. Persons employed as airport law enforcement officers by a city, county or district operating the airport or a joint powers agency operating the airport if their primary duty is the enforcement of the law in or about property owned, operated and administered by the employing agency or when performing a necessary duty with respect to patrons, employees and properties of the employing agency; and,
5. Railroad police officers commissioned by the Governor if their primary duty is the enforcement of the law in or about property owned, operated or administered by the employing agency or when performing necessary duties with respect to patrons, employees and properties of the employing agency. (Penal Code Section 830.33.)

Existing law provides that numerous types of publicly employed security officers are granted the powers of arrest of a peace officer although they are not peace officers. These persons may exercise the powers of arrest of a peace officer, as specified, during the course and within the scope of their employment if they successfully complete a course in the exercise of those powers, as specified, which has been certified by POST. Persons currently granted such powers are:

1) Persons designated by a cemetery authority, as specified;

2) Persons regularly employed as security officers for independent institutions of higher education, as specified, if the institution has concluded a Memorandum of Understanding (MOU) permitting the exercise of that authority with the sheriff or the chief of police within whose jurisdiction the institution lies;

3) Persons regularly employed as security officers for health facilities, as specified, that are owned and operated by cities, counties, and cities and counties if the facility has concluded a MOU permitting the exercise of that authority with the sheriff or the chief of police within whose jurisdiction the facility lies;

4) Employees or classes of employees of the California Department of Forestry and Fire Protection (CDFFP) designated by the CDFFP Director, provided that the primary duty of the employee shall be the enforcement of the law, as specified;

5) Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as specified, if the district has concluded a MOU permitting the exercise of that authority with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies;

6) Non-peace officers regularly employed as county parole officers, as specified;

7) Persons appointed by the Executive Director of the California Science Center, as specified; and,

8) Persons regularly employed as investigators, as specified, by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers to the extent necessary to enforce laws related to public transportation and authorized by a MOU with the chief of police permitting the exercise of that authority. (Pen. Code, § 830.7.)

This bill makes security officers at the California Science Center at Exposition Park peace officers whose authority extends to any place in the state while performing their primary duties.

This bill clarifies training for those peace officers and makes conforming changes.

COMMENTS

1. Need for This Bill

According to the author:

“Existing law provides Museum Officers at the California Science Center, located at Exposition Park in South Los Angeles, with police powers, however they are not recognized as peace officers.

In 2019, the State of California and Bargaining Unit 7 of the Statewide Law Enforcement Association and the State of California entered a Memorandum of Understanding providing the California Science Center museum security officers peace officer status.

AB 2891 improves public safety at the California Science Center, in my district, by providing their security officers peace officer status, recognizing the responsibility they already have to act as the primary security personnel for the Center and honors the Memorandum of Understanding that the California Statewide Law Enforcement Association entered into with the state. Museum Security Officers at the Science Center are responsible for keeping visitors, including the 350,000 children and students, safe. It only makes sense that we honor the Memorandum of Understanding, and vest Museum Officers in my district with the title of peace officer, which they have already been living up to.”

1. MOU Statement

The 2019 MOU states: “The State of California and the California Science Center agree to support legislation and any necessary SPB Board Item(s) to reclassify and/or reassign the Museum Security Officers and Supervising Museum Security Officers at the California Science Center to Law Enforcement classifications.” It also states a list of peace officer protective equipment that the state will provide the museum security officer with including ^[1]

This bill makes a statutory change to make the security officers at the California Exposition Park peace officers, codifying and honoring the MOU statement.

1. POST Training and Certification

The POST-certified Regular Basic Course (basic academy) is the training standard for police officers, deputy sheriffs, school district police officers, district attorney investigators, as well as a few other classifications of peace officers. The basic academy includes a minimum of 664 hours of POST-developed training and testing in 42 separate areas of instruction called Learning Domains. Most POST-certified basic training academies exceed the 664 hour minimum by 200 or more hours. Academy students are subject to various written, skill, exercise, and scenario-based tests. Students must also participate in a physical conditioning program which culminates in a Work Sample Test Battery (physical ability test) at the end of the academy. Students must pass all tests in order to graduate from the basic academy.

The basic academy is divided into 42 individual topics, called Learning Domains. The Learning Domains contain the minimum required foundational information for given subjects, which are detailed in the Training and Testing Specifications for Peace Officer Basic Courses. The training and testing specifications for a particular domain may also include information on required instructional activities and testing requirements. The basic academy provides hands-on experience, including weapons training, role-play scenarios, patrol procedures, emergency vehicle operations, and arrest and control techniques. The student must pass written, exercise, scenario, and physical abilities tests, to demonstrate readiness for entry into a department's standardized Field Training / Police Training Program.

This bill requires that all security officers granted peace officer status at the California Science Center must complete POST training. As stated above this training entails weapon training, however whether the peace officers at the park will be allowed to carry firearms is at the discretion of the director.

1. POST Feasibility

In 1989, SB 353 (Presley), Chapter 1165, Statutes of 1989, was introduced as a result of interim hearings of the Senate Judiciary Subcommittee on Corrections and Law Enforcement Agencies. SB 353 regrouped peace officer categories according to the nature of their jurisdiction rather than the scope of their authority. SB 353 also required a POST review of all classification requests prior to legislative consideration of granting peace officer status in the future, or where there is a request to change peace officer designation or status. Pursuant to SB 353, Penal Code Section 13540 provides that POST may charge a fee to the person or entity requesting a feasibility study. The study must be completed within 18 months and include a review of the proposed duties and responsibilities of the person employed in the category seeking peace officer designation. (Penal Code Sections 13541 and 13542.)

It is a general rule that one legislative body cannot limit or restrict the power of subsequent Legislatures, and the act of one Legislature does not bind its successors (see In re Collie (1952) 38 Cal.2d 396, 398). Thus a statute purporting to condition future legislative action on compliance with conditions in that statute may be superseded by subsequent contrary legislative action. Therefore, the present Legislature, if it so chooses, need not comply with the Penal Code Section 13540 POST feasibility study requirement.

1. Argument in Support

According to the sponsor, California Statewide Law Enforcement Association (CSLEA):

“AB 2891 (Jones-Sawyer), which will codify an agreement made in the 2019 Memorandum of Understanding between the California Statewide Law Enforcement Association, Bargaining Unit 7, and the State of California. Exposition Park, a 160-acre urban park located in South Los Angles, is home to the California Science Center, the Natural History Museum of LA County, the LA Memorial Coliseum, and many other outdoor activities. With approximately 350,000 visitors to the park each year, the California Science Center Museum Security Officers respond to hundreds of calls each month that including battery, robbery, graffiti, among other crimes. Due to the nature of crimes our officers were responding to, we came to an agreement in CSLEA’s MOU in 2019 with the State of California to reclassify these officers as peace officers, which will provide them the appropriate salary and benefits for their job classification.”

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1. https://cslea.com/wp-content/uploads/2020/02/mou-20190701-20230701-bu07.pdf ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2891

Author:(Jones-Sawyer)

As Amended Ver:June 4, 2020

Majority vote

SUMMARY:

Makes security and safety officers at the California Science Center at Exposition Park peace officers whose authority extends to any place in the state while performing their primary duties, and clarifies that those peace officers shall meet the peace officer standards and training (POST) introductory training requirements.

Major Provisions

COMMENTS:

According to the Author:

"AB 2891 improves public safety at the California Science Center, in my district, by providing their security officers peace officer status, recognizing the responsibility they already have to act as the primary security personnel for the Center and honors the Memorandum of Understanding that the California Statewide Law Enforcement Association entered into with the state. Museum Security Officers at the Science Center are responsible for keeping visitors, including the 350,000 children and students, safe. It only makes sense that we honor the Memorandum of Understanding, and vest Museum Officers in my district with the title of peace officer, which they have already been living up to."

Arguments in Support:

According to the California Statewide Law Enforcement Association, "AB 2891 will codify an agreement made in the 2019 Memorandum of Understanding between the California Statewide Law Enforcement Association, Bargaining Unit 7, and the State of California.

"Exposition Park, a 160-acre park located in South Los Angeles, is home to the California Science Center, the Natural History Museum of LA County, the Memorial Coliseum, and many other outdoor activities. With approximately 350,000 visitors to the park each year. The California Science Center Museum Security Officers respond to hundreds of calls each month that include battery, robbery, graffiti, among other crimes. Due to the nature of the crimes that our officers were responding to, we came to an agreement in CSEA's MOU in 2019 with the State of California to reclassify these officers as peace officers, which will provide them the appropriate salary and benefits for their job classification.

"This simple fix in statute is necessary to ensure that Museum Security Officers are granted full peace officer authority."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, costs (General Fund (GF)) possibly in the mid-hundreds of thousands of dollars annually to the Science Center and California Natural Resources Agency (CNRA) in peace officer training and overtime costs.

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Kamlager, Carrillo, Santiago, Wicks

ASM APPROPRIATIONS: 17-0-1

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

ABS, ABST OR NV: Megan Dahle

UPDATED:

VERSION: June 4, 2020

CONSULTANT: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0002962

Date of Hearing: June 2, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2891

Author:(Jones-Sawyer) – As Introduced Ver:February 21, 2020

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill makes security and safety officers at the California Science Center at Exposition Park (Science Center) peace officers whose authority extends to any place in the state while performing their primary duties.

FISCAL EFFECT:

Costs (GF), possibly in the mid-hundreds of thousands of dollars annually, to the Science Center and California Natural Resources Agency (CNRA) in peace officer training and overtime costs. This bill makes Science Center security officers peace officers within the meaning of Penal Code section 830.3. All peace officers must attend basic and annual training courses by the Commission on Peace Officer Standards and Training (POST).

COMMENTS:

1. Purpose. According to the author:

Museum Security Officers at the Science Center are responsible for keeping visitors, including the 350,000 children and students, safe. It only makes sense that we honor the Memorandum of Understanding, and vest Museum Officers in my district with the title of peace officer, which they have already been living up to.

1. Science Center. The California Science Center at Exposition Park is a museum and learning center located near the University of Southern California in Los Angeles. It provides science education by combining exhibits with an on-site Science Center School and Amgen Center for Science Learning as well as a teacher professional development program. The Science Center is open to the public seven days a week, 362 days per year, with free general admission to its permanent exhibit galleries.
2. POST Requirements. Peace officers must be trained and certified by POST. In 1989, SB 353 (Presley), Chapter 1165, Statutes of 1989, required POST to review all classification requests prior to legislative consideration of granting peace officer status, or where there is a request to change existing peace officer designation or status. In 2006, AB 2936 (Ridley-Thomas), Chapter 240, Statutes of 2006, sought legislative approval for POST to conduct a feasibility study of whether Science Center officers should become peace officers. AB 2936 was gut-and-amended into another bill before enactment. It does not appear POST has conducted a feasibility study of whether Science Center officers should be classified as peace officers since 2006.
   
   The POST-certified Regular Basic Training Course is standard for police officers, deputy sheriffs, school district police officers and district attorney investigators, as well as other classifications of peace officers. The basic training includes a minimum of 664 hours of POST-developed training and testing in 42 separate “learning domains.” Most POST-certified basic training academies exceed the 664 hour minimum by 200 or more hours with some academies presenting over 1000 hours of training and testing. Peace officers are also required to undergo periodic continuing education courses.
3. Memorandum of Understanding (MOU) between the State of California and the Statewide Law Enforcement Association (CSLEA). The most recent MOU between the state and the CSLEA specifically includes Science Center security officers. However, the MOU does not characterize Science Center security officers as Penal Code section 830.3 peace officers. The MOU states:

The State of California and the California Science Center agree to support legislation and any necessary SPB Board Item(s) to reclassify and/or reassign the Museum Security Officers and Supervising Museum Security Officers at the California Science Center Law Enforcement classifications.

These officers are already covered by the terms of the MOU until July 1, 2023. It is unclear why they must be granted 830.1 peace officer status and thus become eligible for PSOPBR.

1. Prior Legislation. AB 2361 (Santiago), Chapter 336, Statutes of 2016, allowed a security officer employed by an independent institution of higher learning to be deputized or appointed as a reserve deputy or reserve officer by the sheriff or chief of police of the jurisdiction in which the institution is located.
2. Arguments in Support. According to the CSLEA:

With approximately 350,000 visitors to the park each year. The California Science Center Museum Security Officers respond to hundreds of calls each month that include battery, robbery, graffiti, among other crimes. Due to the nature of the crimes that our officers were responding to, we came to an agreement in California State Employees Association’s MOU in 2019 with the State of California to reclassify these officers as peace officers, which will provide them the appropriate salary and benefits for their job classification.

1. Arguments in Opposition. According to the Peace Officers Research Association of California:

PORAC does not understand the need for these security officers who currently have the powers to arrest under Penal Code Section 830.7, would need full peace officer powers and authority when the city has the Los Angeles Police Department (LAPD) and the county has the Los Angeles Sheriff’s Department (LASD) to handle additional law enforcement duties. Finally, nowhere in the bill does it state that these newly appointed peace officers would be required to obtain a completed certificate from POST.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing:

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2891

Author:(Jones-Sawyer) – As Introduced Ver:February 21, 2020

SUMMARY:

Makes security and safety officers at the California Science Center at Exposition Park peace officers whose authority extends to any place in the state while performing their primary duties, and makes conforming changes.

EXISTING LAW:

1. Requires that any person or persons desiring peace officer status under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who, on January 1, 1990, were not entitled to be designated as peace officers under that chapter shall request the Commission on Peace Officers Standards and Training (POST) to undertake a feasibility study regarding designating that person or persons as peace officers. The request and study shall be undertaken in accordance with regulations adopted by POST. POST may charge any person, with specified exceptions, requesting a study, a fee, not to exceed the actual cost of undertaking the study. (Pen. Code, § 13540, subd. (a).)
   
2. Provides that any study undertaken under this article shall include, but shall not be limited to, the current and proposed duties and responsibilities of persons employed in the category seeking the designation change, their field law enforcement duties and responsibilities, their supervisory and management structure, their proposed training methods and funding sources and the extent to which their current duties and responsibilities require additional peace officer powers and authority. (Pen. Code, § 13540, subd. (b).)
   
3. Defines "independent institutions of higher education" as those nonpublic higher education institutions that grant under graduate degrees, graduate degrees, or both, and are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education (USDOE). (Ed. Code § 66010, subd. (b).)
   
4. Provides that every peace officer shall satisfactorily complete an introductory course of training prescribed by the Commission on Peace Officer Standards and Training (POST) and that after July 1, 1989 satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by POST. (Pen. Code. § 832, subd. (a).)
   
5. Provides that prior to the exercise of peace officer powers, every peace officer shall have satisfactorily completed the POST course. (Pen. Code, § 832, subd. (b).)
   
6. Provides that a person shall not have the powers of a peace officer until he or she has satisfactorily completed the POST course. (Pen. Code, § 832, subd. (c).)
   
7. Provides that the following are peace offices, who may carry firearms only if authorized and under terms and conditions specified by their employing agency, whose authority extends to any place in California for the purpose of performing their primary duty, or when making an arrest for a public offense where there is immediate danger to a person or property or to prevent the perpetrator's escape, as specified, or during a state of emergency, as specified:
   
   1. Members of the San Francisco Bay Area Rapid Transit District Police Department if their primary duty is enforcement of the law in or about property owned, operated or administered by the district or when performing a necessary duty with respect to patrons, employees and properties of the district;
      
   2. Harbor or port police if their primary duty is enforcement of law in or about property owned, operated or administered by harbor or port or when performing a necessary duty with respect to patrons, employees and properties of the harbor or port;
      
   3. Transit police officers or peace offices of a county, city, transit development board or district if the primary duty is the enforcement of the law in or abut property owned, operated or administered by the employing agency or when performing a necessary duty with respect to patrons, employees and properties of the employing agency;
      
   4. Persons employed as airport law enforcement officers by a city, county or district operating the airport or a joint powers agency operating the airport if their primary duty is the enforcement of the law in or about property owned, operated and administered by the employing agency or when performing a necessary duty with respect to patrons, employees and properties of the employing agency; and,
      
   5. Railroad police officers commissioned by the Governor if their primary duty is the enforcement of the law in or about property owned, operated or administered by the employing agency or when performing necessary duties with respect to patrons, employees and properties of the employing agency. (Penal Code Section 830.33.)
      
8. Provides that numerous types of publicly employed security officers are granted the powers of arrest of a peace officer although they are not peace officers. These persons may exercise the powers of arrest of a peace officer, as specified, during the course and within the scope of their employment if they successfully complete a course in the exercise of those powers, as specified, which has been certified by POST. Persons currently granted such powers are:
   
   1. Persons designated by a cemetery authority, as specified;
      
   2. Persons regularly employed as security officers for independent institutions of higher education, as specified, if the institution has concluded a Memorandum of Understanding (MOU) permitting the exercise of that authority with the sheriff or the chief of police within whose jurisdiction the institution lies;
      
   3. Persons regularly employed as security officers for health facilities, as specified, that are owned and operated by cities, counties, and cities and counties if the facility has concluded a MOU permitting the exercise of that authority with the sheriff or the chief of police within whose jurisdiction the facility lies;
      
   4. Employees or classes of employees of the California Department of Forestry and Fire Protection (CDFFP) designated by the CDFFP Director, provided that the primary duty of the employee shall be the enforcement of the law, as specified;
      
   5. Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as specified, if the district has concluded a MOU permitting the exercise of that authority with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies;
      
   6. Non-peace officers regularly employed as county parole officers, as specified;
      
   7. Persons appointed by the Executive Director of the California Science Center, as specified; and,
      
   8. Persons regularly employed as investigators, as specified, by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers to the extent necessary to enforce laws related to public transportation and authorized by a MOU with the chief of police permitting the exercise of that authority. (Pen. Code, § 830.7.)
      

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, " AB 2891 improves public safety at the California Science Center, in my district, by providing their security officers peace officer status, recognizing the responsibility they already have to act as the primary security personnel for the Center and honors the Memorandum of Understanding that the California Statewide Law Enforcement Association entered into with the state. Museum Security Officers at the Science Center are responsible for keeping visitors, including the 350,000 children and students, safe. It only makes sense that we honor the Memorandum of Understanding, and vest Museum Officers in my district with the title of peace officer, which they have already been living up to.”
   
2. POST Feasibility Study: In 1989, SB 353 (Presley), Chapter 1165, Statutes of 1989, was introduced as a result of interim hearings of the Senate Judiciary Subcommittee on Corrections and Law Enforcement Agencies. SB 353 regrouped peace officer categories according to the nature of their jurisdiction rather than the scope of their authority. SB 353 also required a POST review of all classification requests prior to legislative consideration of granting peace officer status in the future, or where there is a request to change peace officer designation or status.
   
   Pursuant to SB 353, Penal Code Section 13540 provides that POST may charge a fee to the person or entity requesting a feasibility study. The study must be completed within 18 months and include a review of the proposed duties and responsibilities of the person employed in the category seeking peace officer designation. (Penal Code Sections 13541 and 13542.)
   
   It is a general rule that one legislative body cannot limit or restrict the power of subsequent Legislatures, and the act of one Legislature does not bind its successors (see In re Collie (1952) 38 Cal.2d 396, 398). Thus a statute purporting to condition future legislative action on compliance with conditions in that statute may be superseded by subsequent contrary
   legislative action. Therefore, the present Legislature, if it so chooses, need not comply with the Penal Code Section 13540 POST feasibility study requirement.
   
3. Prior Legislation: AB 2361, Chapter 336, Statutes of 2016, allowed a security officer employed by an independent institution of higher learning to be deputized or appointed as a reserve deputy or reserve officer by the sheriff or chief of police of the jurisdiction in which the institution is located.
   
4. Argument in Support: According to the California Statewide Law Enforcement Association, “AB 2891 will codify an agreement made in the 2019 Memorandum of Understanding between the California Statewide Law Enforcement Association, Bargaining Unit 7, and the State of California.
   
   “Exposition Park, a 160-acre park located in South Los Angeles, is home to the California Science Center, the Natural History Museum of LA County, the Memorial Coliseum, and many other outdoor activities. With approximately 350,000 visitors to the park each year. The California Science Center Museum Security Officers respond to hundreds of calls each month that include battery, robbery, graffiti, among other crimes. Due to the nature of the crimes that our officers were responding to, we came to an agreement in CSEA’s MOU in 2019 with the State of California to reclassify these officers as peace officers, which will provide them the appropriate salary and benefits for their job classification.
   
   “This simple fix in statute is necessary to ensure that Museum Security Officers are granted full peace officer authority.”

REGISTERED SUPPORT / OPPOSITION:

Support

California Statewide Law Enforcement Association

Opposition

None

Analysis Prepared by:

Gregory Pagan / PUB. S. / (916) 319-3744