Today's Law As Amended


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SB-1464 Law enforcement: public health orders.(2021-2022)



As Amends the Law Today


SECTION 1.

 Chapter 5.5 (commencing with Section 16644) is added to Part 2 of Division 4 of Title 2 of the Government Code, to read:

CHAPTER  5.5. Prohibitions On Use of State Funds
16644.
 Notwithstanding any other law, no state funds allocated for the purpose of pandemic response shall be provided to any law enforcement agency that publicly announces that they will not follow, or adopts a policy stating that they will not follow, a public health order. If state funds are withheld from a law enforcement agency pursuant to this section, those funds shall instead be reallocated to the county public health department of the county in which the law enforcement agency operates for public health purposes.

SEC. 2.

 Section 101029 of the Health and Safety Code is amended to read:

101029.
 The sheriff of each county, or city and county, may shall  enforce within the county, or the city and county, all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Every peace officer of every political subdivision of the county, or city and county, may shall  enforce within the area subject to his or her  their  jurisdiction all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This section is not a limitation on the authority of peace officers or public officers to enforce orders of the local health officer. When deciding whether to request this assistance in enforcement of its orders, the local health officer may consider whether it would be necessary to advise the enforcement agency of any measures that should be taken to prevent infection of the enforcement officers.

SEC. 3.

 Section 120155 of the Health and Safety Code is amended to read:

120155.
 Pursuant to Section 11158 of the Government Code, the sheriff of each county, or city and county, may shall  enforce within the county, or the city and county, all orders of the State Department of Public Health issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Every peace officer of every political subdivision of the county, or city and county, may shall  enforce within the area subject to his or her  their  jurisdiction all orders of the State Department of Public Health issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This section is not a limitation on the authority of peace officers or public officers to enforce orders of the State Department of Public Health. When deciding whether to request this assistance in enforcement of its orders, the State Department of Public Health may consider whether it would be necessary to advise the enforcement agency of any measures that should be taken to prevent infection of the enforcement officers.
SEC. 4.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.