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AB-1591 Peace officers.(1993-1994)

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AB1591:v97#DOCUMENT

Assembly Bill No. 1591
CHAPTER 200

An act to amend Section 830.1 of the Penal Code, relating to peace officers, and making an appropriation therefor.

[ Filed with Secretary of State  July 18, 1994. Approved by Governor  July 15, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1591, Knight. Peace officers.
Existing law provides that the Deputy Director, assistant directors, chiefs, assistant chiefs, special agents, and narcotics agents of the Department of Justice and those investigators who are designated by the Attorney General are peace officers.
This bill would provide, instead, that special agents and Attorney General investigators 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 Public Employees’ Retirement Law provides increased benefits and higher contribution rates for peace officer/firefighter members than those provided for state miscellaneous members. The state’s employer contributions to the Public Employees’ Retirement Fund are appropriated monthly from the General Fund.
Since this bill would provide that Attorney General investigators are peace officers, and those deputy chiefs and division directors designated by the Attorney General are peace officers, thereby including these employees within the category of peace officer/firefighter members, it would make an appropriation from the General Fund by increasing the state’s contributions to the Public Employees’ Retirement Fund for these new state peace officer/firefighter members.
Appropriation: YES  

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 sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any chief of police, employed in that capacity, of a city, any police officer, employed in that capacity and appointed by the chief of police or the chief executive of the agency, of a city, any 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 marshal or deputy marshal of a municipal court, any constable or deputy constable, employed in that capacity, of a judicial district, any port warden or special officer of the Harbor Department of the City of Los Angeles, or any 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 public offense committed or which there is probable cause to believe has been committed within the political subdivision which employs the peace officer.
(2)  Where the peace officer has the prior consent of the chief of police, or person authorized by him or her to give consent, if the place is within a city or of the sheriff, or person authorized by him or her to give consent, if the place is within a county.
(3)  As to any public offense committed or which there is probable cause to believe has been committed in the peace officer’s 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)  Special agents and Attorney General 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.