CALIFORNIA AB 2713
Chapter 1065
BILL NUMBER: AB 2713 CHAPTERED 09/30/96 CHAPTER 1065 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1996 APPROVED BY GOVERNOR SEPTEMBER 28, 1996 PASSED THE ASSEMBLY AUGUST 31, 1996 PASSED THE SENATE AUGUST 30, 1996 AMENDED IN SENATE AUGUST 29, 1996 AMENDED IN SENATE AUGUST 15, 1996 AMENDED IN SENATE JULY 16, 1996 AMENDED IN ASSEMBLY APRIL 16, 1996 INTRODUCED BY Assembly Member Conroy FEBRUARY 22, 1996 An act to amend Sections 830.7 and 830.11 of the Penal Code, and to add Sections 308.5 and 5322 to the Public Utilities Code, relating to public utilitiesLEGISLATIVE COUNSEL'S DIGEST AB 2713, Conroy. Public utilities: enforcement actions.
Existing law provides that certain persons, including specified employees of the Safety and Enforcement Division of the Public Utilities Commission, are not peace officers but may exercise the powers of arrest during the course and within the scope of their employment upon successful completion of a course in the exercise of those powers.
This bill would also permit persons employed by the Safety and Enforcement Division of the Public Utilities Commission who are designated by the Director of the Safety and Enforcement Division and approved by the commission to exercise the power to serve warrants, for the purposes of duties as specified by this bill. This bill would provide that peace officers designated pursuant to this bill shall not carry firearms.
The bill would also permit the commission to take specified enforcement actions against unlicensed household goods carriers, and would require telephone corporations to refuse telephone service if other enforcement actions have failed. Because violations of orders, decisions, rules, or other requirements of the Public Utilities Commission are misdemeanors, this bill would impose a state-mandated local program by creating new crimes.
The bill would incorporate additional changes in Section 830.7 of the Penal Code, to be operative only if SB 1205 and this bill are both enacted and become effective on or before January 1, 1997, and this bill is enacted last.
The bill would incorporate additional changes in Section 830.11 of the Penal Code proposed by AB 3351, to be operative only if AB 3351 and this bill are both enacted and become effective on or before January 1, 1997, and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
830.7. The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:
(a) Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.
(b) Persons regularly employed as security officers for institutions of higher education, recognized under subdivision (a) of Section 94310.1 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or chief of police within whose jurisdiction the institution lies.
(c) Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, which are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or chief of police within whose jurisdictions the facility lies.
(d) Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(e) Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of...
