2007 California Penal Code Chapter 4.5. Peace Officers

CA Codes (pen:830-832.17)

830.  Any person who comes within the provisions of this chapter and
who otherwise meets all standards imposed by law on a peace officer
is a peace officer, and notwithstanding any other provision of law,
no person other than those designated in this chapter is a peace
officer.  The restriction of peace officer functions of any public
officer or employee shall not affect his or her status for purposes
of retirement.



830.1.  (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any 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
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 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 superior court or
county, any port warden or port police 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
that employs the peace officer or in which the peace officer serves.

   (2) Where 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 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) 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 deputy sheriff of the County of Los Angeles, and any
deputy sheriff of the Counties of Butte, Calaveras, Glenn, Humboldt,
Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino,
Plumas, Riverside, San Benito, San Diego, Santa Barbara, Shasta,
Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Tulare, and
Tuolumne 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 respective employment and for the purpose of
carrying out the primary function of employment relating to his or
her custodial assignments, or when performing other law enforcement
duties directed by his or her employing agency during a local state
of emergency.


830.2.  The following persons are peace officers whose authority
extends to any place in the state:
   (a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
   (b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
   (c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
   (d) (1) Any member of the Law Enforcement and Investigations Unit
of the Department of Corrections, provided that the primary duties of
the peace officer shall be the investigation or apprehension of
parolees, parole violators, or escapees from state institutions, the
transportation of those persons, and the coordination of those
activities with other criminal justice agencies.
   (2) Any member of the Office of Internal Affairs of the Department
of Corrections, provided that the primary duties shall be criminal
investigations of Department of Corrections personnel and the
coordination of those activities with other criminal justice
agencies.  For purposes of this subdivision the member of the Office
of Internal Affairs shall possess certification from the Commission
on Peace Officer Standards and Training for investigators, or have
completed training pursuant to Section 6126.1 of the Penal Code.
   (e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
   (f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
   (g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
   (h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
   (i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
   (j) The Inspector General, pursuant to Section 6125, and the Chief
Deputy Inspector General In Charge, the Senior Deputy Inspector
General, the Deputy Inspector General, and those employees of the
Inspector General as designated by the Inspector General, are peace
officers, provided that the primary duty of these peace officers
shall be conducting audits of investigatory practices and other
audits, as well as conducting investigations, of the Department of
Corrections, the Department of the Youth Authority, the Board of
Prison Terms, the Youthful Offender Parole Board, or the Board of
Corrections.



830.3.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 of the
Penal Code as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code. These peace officers may carry firearms only if
authorized and under those terms and conditions as specified by their
employing agencies:
   (a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical Board
of California and the Board of Dental Examiners, who are designated
by the Director of Consumer Affairs, provided that the primary duty
of these peace officers shall be the enforcement of the law as that
duty is set forth in Section 160 of the Business and Professions
Code.
   (b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
   (c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
   (d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
   (e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
   (f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
   (g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
   (h) All investigators of the State Departments of Health Care
Services, Public Health, Social Services, Mental Health, and Alcohol
and Drug Programs, the Department of Toxic Substances Control, the
Office of Statewide Health Planning and Development, and the Public
Employees' Retirement System, provided that the primary duty of these
peace officers shall be the enforcement of the law relating to the
duties of his or her department or office. Notwithstanding any other
provision of law, investigators of the Public Employees' Retirement
System shall not carry firearms.
   (i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
   (j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
   (k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
   (l) Investigators of the Department of Corporations designated by
the Commissioner of Corporations, provided that the primary duty of
these investigators shall be the enforcement of the provisions of law
administered by the Department of Corporations. Notwithstanding any
other provision of law, the peace officers designated pursuant to
this subdivision shall not carry firearms.
   (m) Persons employed by the Contractors' State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law as
that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not more
than three persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other provision of law, the persons designated
pursuant to this subdivision shall not carry firearms.
   (n) The Chief and coordinators of the Law Enforcement Division of
the Office of Emergency Services.
   (o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
   (p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring the integrity,
honesty, and fairness of the operation and administration of the
California State Lottery.
   (q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
   Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
   (r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
   (s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
   (t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
   Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
   (u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health Care,
provided that the primary duty of these investigators shall be the
enforcement of the provisions of laws administered by the Director of
the Department of Managed Health Care. Notwithstanding any other
provision of law, the peace officers designated pursuant to this
subdivision shall not carry firearms.
   (v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, provided that the primary duty
of each of those persons shall be the enforcement of the law relating
to the duties of his or her department or office.



830.31.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized, and
under the terms and conditions specified, by their employing agency.

   (a) A police officer of the County of Los Angeles, if the primary
duty of the officer is the enforcement of the law in or about
properties owned, operated, or administered by his or her employing
agency or when performing necessary duties with respect to patrons,
employees, and properties of his or her employing agency.
   (b) A person designated by a local agency as a park ranger and
regularly employed and paid in that capacity, if the primary duty of
the officer is the protection of park and other property of the
agency and the preservation of the peace therein.
   (c) (1) A peace officer of the Department of General Services of
the City of Los Angeles designated by the general manager of the
department, if the primary duty of the officer is the enforcement of
the law in or about properties owned, operated, or administered by
his or her employing agency or when performing necessary duties with
respect to patrons, employees, and properties of his or her employing
agency.
   (2) A peace officer designated pursuant to this subdivision, and
authorized to carry firearms by his or her employing agency, shall
satisfactorily complete the introductory course of firearm training
required by Section 832 and shall requalify in the use of firearms
every six months.
   (3) Notwithstanding any other provision of law, a peace officer
designated pursuant to this subdivision who is authorized to carry a
firearm by his or her employing agency while on duty shall not be
authorized to carry a firearm when he or she is not on duty.
   (d) A housing authority patrol officer employed by the housing
authority of a city, district, county, or city and county or employed
by the police department of a city and county, if the primary duty
of the officer is the enforcement of the law in or about properties
owned, operated, or administered by his or her employing agency or
when performing necessary duties with respect to patrons, employees,
and properties of his or her employing agency.



830.32.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.
   (a) Members of a California Community College police department
appointed pursuant to Section 72330 of the Education Code, if the
primary duty of the police officer is the enforcement of the law as
prescribed in Section 72330 of the Education Code.
   (b) Persons employed as members of a police department of a school
district pursuant to Section 38000 of the Education Code, if the
primary duty of the police officer is the enforcement of the law as
prescribed in Section 38000 of the Education Code.
   (c) Any peace officer employed by a K-12 public school district or
California Community College district who has completed training as
prescribed by subdivision (f) of Section 832.3 shall be designated a
school police officer.


830.33.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.
   (a) A member of the San Francisco Bay Area Rapid Transit District
Police Department appointed pursuant to Section 28767.5 of the Public
Utilities Code, if the primary duty of the peace officer is the
enforcement of the law in or about properties owned, operated, or
administered by the district or when performing necessary duties with
respect to patrons, employees, and properties of the district.
   (b) Harbor or port police regularly employed and paid in that
capacity by a county, city, or district other than peace officers
authorized under Section 830.1, if the primary duty of the peace
officer is the enforcement of the law in or about the properties
owned, operated, or administered by the harbor or port or when
performing necessary duties with respect to patrons, employees, and
properties of the harbor or port.
   (c) Transit police officers or peace officers of a county, city,
transit development board, or district, if the primary duty of the
peace officer is the enforcement of the law in or about properties
owned, operated, or administered by the employing agency or when
performing necessary duties with respect to patrons, employees, and
properties of the employing agency.
   (d) Any person regularly employed as an airport law enforcement
officer by a city, county, or district operating the airport or by a
joint powers agency, created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, operating the airport, if the primary duty of the peace
officer is the enforcement of the law in or about properties owned,
operated, and administered by the employing agency or when performing
necessary duties with respect to patrons, employees, and properties
of the employing agency.
   (e) (1) Any railroad police officer commissioned by the Governor
pursuant to Section 8226 of the Public Utilities Code, if the primary
duty of the peace officer is the enforcement of the law in or about
properties owned, operated, or administered by the employing agency
or when performing necessary duties with respect to patrons,
employees, and properties of the employing agency.
   (2) Notwithstanding any other provision of law, a railroad police
officer who has met the current requirements of the Commission on
Peace Officer Standards and Training necessary for exercising the
powers of a peace officer, and who has been commissioned by the
Governor as described herein, and the officer's employing agency, may
apply for access to information from the California Law Enforcement
Telecommunications System (CLETS) through a local law enforcement
agency that has been granted direct access to CLETS, provided that,
in addition to other review standards and conditions of eligibility
applied by the Department of Justice, the CLETS Advisory Committee
and the Attorney General, before access is granted the following are
satisfied:
   (A) The employing agency shall enter into a Release of CLETS
Information agreement as provided for in the CLETS policies,
practices, and procedures, and the required background check on the
peace officer and other pertinent personnel has been completed,
together with all required training.
   (B) The Release of CLETS Information agreement shall be in
substantially the same form as prescribed by the CLETS policies,
practices, and procedures for public agencies of law enforcement who
subscribe to CLETS services, and shall be subject to the provisions
of Chapter 2.5 (commencing with Section 15150) of Title 2 of Division
3 of the Government Code and the CLETS policies, practices, and
procedures.
   (C) (i) The employing agency shall expressly waive any objections
to jurisdiction in the courts of the State of California for any
liability arising from use, abuse, or misuse of CLETS access or
services or the information derived therefrom, or with respect to any
legal actions to enforce provisions of California law relating to
CLETS access, services, or information under this subdivision, and
provided that this liability shall be in addition to that imposed by
Public Utilities Code Section 8226.
   (ii) The employing agency shall further agree to utilize CLETS
access, services, or information only for law enforcement activities
by peace officers who have met the current requirements of the
Commission on Peace Officer Standards and Training necessary for
exercising the powers of a peace officer, and who have been
commissioned as described herein who are operating within the State
of California, where the activities are directly related to
investigations or arrests arising from conduct occurring within the
State of California.
   (iii) The employing agency shall further agree to pay to the
Department of Justice and the providing local law enforcement agency
all costs related to the provision of access or services, including,
but not limited to, any and all hardware, interface modules, and
costs for telephonic communications, as well as administrative costs.




830.34.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.
   (a) Persons designated as a security officer by a municipal
utility district pursuant to Section 12820 of the Public Utilities
Code, if the primary duty of the officer is the protection of the
properties of the utility district and the protection of the persons
thereon.
   (b) Persons designated as a security officer by a county water
district pursuant to Section 30547 of the Water Code, if the primary
duty of the officer is the protection of the properties of the county
water district and the protection of the persons thereon.
   (c) The security director of the public utilities commission of a
city and county, if the primary duty of the security director is the
protection of the properties of the commission and the protection of
the persons thereon.
   (d) Persons employed as a park ranger by a municipal water
district pursuant to Section 71341.5 of the Water Code, if the
primary duty of the park ranger is the protection of the properties
of the municipal water district and the protection of the persons
thereon.


830.35.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.
   (a) A welfare fraud investigator or inspector, regularly employed
and paid in that capacity by a county, if the primary duty of the
peace officer is the enforcement of the provisions of the Welfare and
Institutions Code.
   (b) A child support investigator or inspector, regularly employed
and paid in that capacity by a district attorney's office, if the
primary duty of the peace officer is the enforcement of the
provisions of the Family Code and Section 270.
   (c) The coroner and deputy coroners, regularly employed and paid
in that capacity, of a county, if the primary duty of the peace
officer are those duties set forth in Sections 27469 and 27491 to
27491.4, inclusive, of the Government Code.



830.36.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.
   (a) The Sergeant-at-Arms of each house of the Legislature, if the
primary duty of the peace officer is the enforcement of the law in or
about properties owned, operated, or administered by the employing
agency or when performing necessary duties with respect to patrons,
employees, and properties of the employing agency.
   (b) Marshals of the Supreme Court and bailiffs of the courts of
appeal, and coordinators of security for the judicial branch, if the
primary duty of the peace officer is the enforcement of the law in or
about properties owned, operated, or administered by the employing
agency or when performing necessary duties with respect to patrons,
employees, and properties of the employing agency.
   (c) Court service officer in a county of the second class and
third class, if the primary duty of the peace officer is the
enforcement of the law in or about properties owned, operated, or
administered by the employing agency or when performing necessary
duties with respect to patrons, employees, and properties of the
employing agency.


830.37.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
  These peace officers may carry firearms only if authorized and
under terms and conditions specified by their employing agency:
   (a) Members of an arson-investigating unit, regularly paid and
employed in that capacity, of a fire department or fire protection
agency of a county, city, city and county, district, or the state, if
the primary duty of these peace officers is the detection and
apprehension of persons who have violated any fire law or committed
insurance fraud.
   (b) Members other than members of an arson-investigating unit,
regularly paid and employed in that capacity, of a fire department or
fire protection agency of a county, city, city and county, district,
or the state, if the primary duty of these peace officers, when
acting in that capacity, is the enforcement of laws relating to fire
prevention or fire suppression.
   (c) Voluntary fire wardens as are designated by the Director of
Forestry and Fire Protection pursuant to Section 4156 of the Public
Resources Code, provided that the primary duty of these peace
officers shall be the enforcement of the law as that duty is set
forth in Section 4156 of the Public Resources Code.
   (d) Firefighter/security guards by the Military Department, if the
primary duty of the peace officer is the enforcement of the law in
or about properties owned, operated, or administered by the employing
agency or when performing necessary duties with respect to patrons,
employees, and properties of the employing agency.



830.38.  The officers of a state hospital under the jurisdiction of
the State Department of Mental Health or the State Department of
Developmental Services appointed pursuant to Section 4313 or 4493 of
the Welfare and Institutions Code, are peace officers whose authority
extends to any place in the state for the purpose of performing
their primary duty or when making an arrest pursuant to Section 836
as to any public offense with respect to which there is immediate
danger to person or property, or of the escape of the perpetrator of
that offense, or pursuant to Section 8597 or 8598 of the Government
Code provided that the primary duty of the peace officers shall be
the enforcement of the law as set forth in Sections 4311, 4313, 4491,
and 4493 of the Welfare and Institutions Code.  Those peace officers
may carry firearms only if authorized and under terms and conditions
specified by their employing agency.



830.39.  (a) Any regularly employed law enforcement officer of the
Oregon State Police, the Nevada Department of Motor Vehicles and
Public Safety, or the Arizona Department of Public Safety is a peace
officer in this state if all of the following conditions are met:
   (1) The officer is providing, or attempting to provide, law
enforcement services within this state on the state or county
highways and areas immediately adjacent thereto, within a distance of
up to 50 statute miles of the contiguous border of this state and
the state employing the officer.
   (2) The officer is providing, or attempting to provide, law
enforcement services pursuant to either of the following:
   (A) In response to a request for services initiated by a member of
the California Highway Patrol.
   (B) In response to a reasonable belief that emergency law
enforcement services are necessary for the preservation of life, and
a request for services by a member of the Department of the
California Highway Patrol is impractical to obtain under the
circumstances.  In those situations, the officer shall obtain
authorization as soon as practical.
   (3) The officer is providing, or attempting to provide, law
enforcement services for the purpose of assisting a member of the
California Highway Patrol to  provide emergency service in response
to misdemeanor or felony criminal activity, pursuant to the authority
of a peace officer as provided in subdivision (a) of Section 830.2,
or, in the event of highway-related traffic accidents, emergency
incidents or other similar public safety problems, whether or not a
member of the California Highway Patrol is present at the scene of
the event.  Nothing in this section shall be construed to confer upon
the officer the authority to enforce traffic or motor vehicle
infractions.
   (4) An agreement pursuant to Section 2403.5 of the Vehicle Code is
in effect between the Department of the California Highway Patrol
and the agency of the adjoining state employing the officer, the
officer acts in accordance with that agreement, and the agreement
specifies that the officer and employing agency of the adjoining
state shall be subject to the same civil immunities and liabilities
as a peace officer and his or her employing agency in this state.
   (5) The officer receives no separate compensation from this state
for providing law enforcement services within this state.
   (6) The adjoining state employing the officer confers similar
rights and authority upon a member of the California Highway Patrol
who renders assistance within that state.
   (b) Whenever, pursuant to Nevada law, a Nevada correctional
officer is working or supervising Nevada inmates who are performing
conservation-related projects or fire suppression duties within
California, the correctional officer may maintain custody of the
inmates in California, and retake any inmate who should escape in
California, to the same extent as if the correctional officer were a
peace officer in this state and the inmate had been committed to his
or her custody in proceedings under California law.
   (c) Notwithstanding any other provision of law, any person who is
acting as a peace officer in this state in the manner described in
this section shall be deemed to have met the requirements of Section
1031 of the Government Code and the selection and training standards
of the Commission on Peace Officer Standards and Training if the
officer has completed the basic training required for peace officers
in his or her state.
   (d) In no case shall a peace officer of an adjoining state be
authorized to provide services within a California jurisdiction
during any period in which the regular law enforcement agency of the
jurisdiction is involved in a labor dispute.



830.4.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
duties under the conditions as specified by statute.  Those peace
officers may carry firearms only if authorized and under terms and
conditions specified by their employing agency.
   (a) Members of the California National Guard have the powers of
peace officers when they are involved in any or all of the following:

   (1) Called or ordered into active state service by the Governor
pursuant to the provisions of Section 143 or 146 of the Military and
Veterans Code.
   (2) Serving within the area wherein military assistance is
required.
   (3) Directly assisting civil authorities in any of the situations
specified in Section 143 or 146.
   The authority of the peace officer under this subdivision extends
to the area wherein military assistance is required as to a public
offense committed or which there is reasonable cause to believe has
been committed within that area.  The requirements of Section 1031 of
the Government Code are not applicable under those circumstances.
   (b) Guards and messengers of the Treasurer's office when
performing assigned duties as a guard or messenger.
   (c) Security officers of the Department of Justice when performing
assigned duties as security officers.
   (d) Security officers of Hastings College of the Law.  These
officers shall have authority of peace officers only within the City
and County of San Francisco.  Notwithstanding any other provisions of
law, the peace officers designated by this subdivision shall not be
authorized by this subdivision to carry firearms either on or off
duty.  Notwithstanding any other provision of law, the act which
designated the persons described in this subdivision as peace
officers shall serve only to define those persons as peace officers,
the extent of their jurisdiction, and the nature and scope of their
authority, powers, and duties, and there shall be no change in the
status of those persons for purposes of retirement, workers'
compensation or similar injury or death benefits, or other employee
benefits.



830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code.  Except
as specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
   (a) A parole officer of the Department of Corrections or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender Parole Board.  Except as otherwise provided in
this subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole or of probation by any person in this
state on parole or probation.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole or probation.
   (4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
   (5) To the rendering of mutual aid to any other law enforcement
agency.
   For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
   Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board is authorized to carry firearms, but only as determined by the
director on a case-by-case or unit-by-unit basis and only under those
terms and conditions specified by the director or chairperson.  The
Department of the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority who comprise
"high-risk transportation details" or "high-risk escape details" no
later than June 30, 1995.  This policy shall be implemented no later
than December 31, 1995.
   The Department of the Youth Authority shall train and arm those
peace officers who comprise tactical teams at each facility for use
during "high-risk escape details."
   (b) A correctional officer employed by the Department of
Corrections or any employee of the Department of the Youth Authority
having custody of wards or the Inspector General of the Youth and
Adult Correctional Agency or any internal affairs investigator under
the authority of the Inspector General or any employee of the
Department of Corrections designated by the Director of Corrections
or any correctional counselor series employee of the Department of
Corrections or any medical technical assistant series employee
designated by the Director of Corrections or designated by the
Director of Corrections and employed by the State Department of
Mental Health or employee of the Board of Prison Terms designated by
the Secretary of the Youth and Adult Correctional Agency or employee
of the Department of the Youth Authority designated by the Director
of the Youth Authority or any superintendent, supervisor, or employee
having custodial responsibilities in an institution operated by a
probation department, or any transportation officer of a probation
department.
   (c) The following persons may carry a firearm while not on duty:
a parole officer of the Department of Corrections or the Department
of the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections.  A parole officer of the Youthful Offender
Parole Board may carry a firearm while not on duty only when so
authorized by the chairperson of the board and only under the terms
and conditions specified by the chairperson.  Nothing in this section
shall be interpreted to require licensure pursuant to Section 12025.
  The director or chairperson may deny, suspend, or revoke for good
cause a person's right to carry a firearm under this subdivision.
That person shall, upon request, receive a hearing, as provided for
in the negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections, the Department of
the Youth Authority, or the Youthful Offender Parole Board, to review
the director's or the chairperson's decision.
   (d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly.
It is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty.  Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
   (e) The Department of Corrections shall allow reasonable access to
its ranges for officers and designees of either department to
qualify to carry concealable firearms off duty.  The time spent on
the range for purposes of meeting the qualification requirements
shall be the person's own time during the person's off-duty hours.
   (f) The Director of Corrections shall promulgate regulations
consistent with this section.
   (g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the Director
of the Youth Authority, or his or her designee.  The director, or his
or her designee, shall consider at least the following in
determining "high-risk transportation details" and "high-risk escape
details":  protection of the public, protection of officers, flight
risk, and violence potential of the wards.
   (h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.


830.55.  (a) As used in this section, a correctional officer is a
peace officer, employed by a city, county, or city and county which
operates a facility described in Section 2910.5 of this code or
Section 1753.3 of the Welfare and Institutions Code or facilities
operated by counties pursuant to Section 6241 or 6242 of this code
under contract with the Department of Corrections or the Department
of the Youth Authority, who has the authority and responsibility for
maintaining custody of specified state prison inmates or wards, and
who performs tasks related to the operation of a detention facility
used for the detention of persons who have violated parole or are
awaiting parole back into the community or, upon court order, either
for their own safekeeping or for the specific purpose of serving a
sentence therein.
   (b) A correctional officer shall have no right to carry or possess
firearms in the performance of his or her prescribed duties, except,
under the direction of the superintendent of the facility, while
engaged in transporting prisoners, guarding hospitalized prisoners,
or suppressing riots, lynchings, escapes, or rescues in or about a
detention facility established pursuant to Section 2910.5 of this
code or Section 1753.3 of the Welfare and Institutions Code.
   (c) Each person described in this section as a correctional
officer, within 90 days following the date of the initial assignment
to that position, shall satisfactorily complete the training course
specified in Section 832.  In addition, each person designated as a
correctional officer, within one year following the date of the
initial assignment as an officer, shall have satisfactorily met the
minimum selection and training standards prescribed by the Board of
Corrections pursuant to Section 6035.  Persons designated as
correctional officers, before the expiration of the 90-day and
one-year periods described in this subdivision, who have not yet
completed the required training, may perform the duties of a
correctional officer only while under the direct supervision of a
correctional officer who has completed the training required in this
section, and shall not carry or possess firearms in the performance
of their prescribed duties.
   (d) This section shall not be construed to confer any authority
upon a correctional officer except while on duty.
   (e) A correctional officer may use reasonable force in
establishing and maintaining custody of persons delivered to him or
her by a law enforcement officer, may make arrests for misdemeanors
and felonies within the local detention facility pursuant to a duly
issued warrant, and may make warrantless arrests pursuant to Section
836.5 only during the duration of his or her job.



830.6.  (a) (1) Whenever any qualified person is deputized or
appointed by the proper authority as a reserve or auxiliary sheriff
or city police officer, a reserve deputy sheriff, a reserve deputy
marshal, a reserve police officer of a regional park district or of a
transit district, a reserve park ranger, a reserve harbor or port
police officer of a county, city, or district as specified in Section
663.5 of the Harbors and Navigation Code, a reserve deputy of the
Department of Fish and Game, a reserve special agent of the
Department of Justice, a reserve officer of a community service
district which is authorized under subdivision (h) of Section 61600
of the Government Code to maintain a police department or other
police protection, a reserve officer of a school district police
department under Section 35021.5 of the Education Code, a reserve
officer of a community college police department under Section 72330,
a reserve officer of a police protection district formed under Part
1 (commencing with Section 20000) of Division 14 of the Health and
Safety Code, or a reserve housing authority patrol officer employed
by a housing authority defined in subdivision (d) of Section 830.31,
and is assigned specific police functions by that authority, the
person is a peace officer, if the person qualifies as set forth in
Section 832.6. The authority of a person designated as a peace
officer pursuant to this paragraph extends only for the duration of
the person's specific assignment. A reserve park ranger or a transit,
harbor, or port district reserve officer may carry firearms only if
authorized by, and under those terms and conditions as are specified
by, his or her employing agency.
   (2) Whenever any qualified person is deputized or appointed by the
proper authority as a reserve or auxiliary sheriff or city police
officer, a reserve deputy sheriff, a reserve deputy marshal, a
reserve park ranger, a reserve police officer of a regional park
district, transit district, community college district, or school
district, a reserve harbor or port police officer of a county, city,
or district as specified in Section 663.5 of the Harbors and
Navigation Code, a reserve officer of a community service district
that is authorized under subdivision (h) of Section 61600 of the
Government Code to maintain a police department or other police
protection, or a reserve officer of a police protection district
formed under Part 1 (commencing with Section 20000) of Division 14 of
the Health and Safety Code, and is so designated by local ordinance
or, if the local agency is not authorized to act by ordinance, by
resolution, either individually or by class, and is assigned to the
prevention and detection of crime and the general enforcement of the
laws of this state by that authority, the person is a peace officer,
if the person qualifies as set forth in paragraph (1) of subdivision
(a) of Section 832.6. The authority of a person designated as a peace
officer pursuant to this paragraph includes the full powers and
duties of a peace officer as provided by Section 830.1. A transit,
harbor, or port district reserve police officer, or a city or county
reserve peace officer who is not provided with the powers and duties
authorized by Section 830.1, has the powers and duties authorized in
Section 830.33, or in the case of a reserve park ranger, the powers
and duties that are authorized in Section 830.31, or in the case of a
reserve housing authority patrol officer, the powers and duties that
are authorized in subdivision (d) of Section 830.31, and a school
district reserve police officer or a community college district
reserve police officer has the powers and duties authorized in
Section 830.32.
   (b) Whenever any person designated by a Native American tribe
recognized by the United States Secretary of the Interior is
deputized or appointed by the county sheriff as a reserve or
auxiliary sheriff or a reserve deputy sheriff, and is assigned to the
prevention and detection of crime and the general enforcement of the
laws of this state by the county sheriff, the person is a peace
officer, if the person qualifies as set forth in paragraph (1) of
subdivision (a) of Section 832.6. The authority of a peace officer
pursuant to this subdivision includes the full powers and duties of a
peace officer as provided by Section 830.1.
   (c) Whenever any person is summoned to the aid of any uniformed
peace officer, the summoned person is vested with the powers of a
peace officer that are expressly delegated to him or her by the
summoning officer or that are otherwise reasonably necessary to
properly assist the officer.



830.65.  (a) Any person who is a regularly employed police officer
of a city or a regularly employed deputy sheriff of a county, or a
reserve peace officer of a city or county and is appointed in the
manner described in paragraph (1) or (2) of subdivision (a) of
Section 832.6, may be appointed as a Campaign Against Marijuana
Planting emergency appointee by the Attorney General pursuant to
Section 5 of Chapter 1563 of the Statutes of 1985 to assist with a
specific investigation, tactical operation, or search and rescue
operation.  When so appointed, the person shall be a peace officer of
the Department of Justice, provided that the person's authority
shall extend only for the duration of the specific assignment.
   (b) Notwithstanding any other provision of law, any person who is
appointed as a peace officer in the manner described in this section
shall be deemed to have met the requirements of Section 1031 of the
Government Code and the selection and training standards of the
Commission on Peace Officer Standards and Training.




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
independent institutions of higher education, recognized under
subdivision (b) of Section 66010 of the Education Code, if the
institution has concluded a memorandum of understanding, permitting
the exercise of that authority, with the sheriff or the 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,
that 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 the chief of police within whose jurisdiction 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 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. For the purposes of this subdivision,
the exercise of peace officer authority may include the authority to
remove a vehicle from a railroad right-of-way as set forth in
Section 22656 of the Vehicle Code.
   (f) Nonpeace officers regularly employed as county parole officers
pursuant to Section 3089.
   (g) Persons appointed by the Executive Director of the California
Science Center pursuant to Section 4108 of the Food and Agricultural
Code.
   (h) Persons regularly employed as investigators 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 memorandum
of understanding with the chief of police, permitting the exercise
of that authority. For the purposes of this subdivision,
"investigator" means an employee defined in Section 53075.61 of the
Government Code authorized by local ordinance to enforce laws related
to public transportation.  Transportation investigators authorized
by this section shall not be deemed "peace officers" for purposes of
Sections 241 and 243.
   (i) Persons regularly employed by any department of the City of
Los Angeles who are designated as security officers and authorized by
local ordinance to enforce laws related to the preservation of peace
in or about the properties owned, controlled, operated, or
administered by any department of the City of Los Angeles and
authorized by a memorandum of understanding with the Chief of Police
of the City of Los Angeles permitting the exercise of that authority.
Security officers authorized pursuant to this subdivision shall not
be deemed peace officers for purposes of Sections 241 and 243.
   (j) Illegal dumping enforcement officers, to the extent necessary
to enforce laws related to illegal waste dumping, or littering, and
authorized by a memorandum of understanding with, as applicable, the
sheriff or chief of police within whose jurisdiction the person is
employed, permitting the exercise of that authority. An "illegal
dumping enforcement officer" is defined, for purposes of this
section, as a person regularly employed by a city, county, or city
and county, whose duties include illegal dumping enforcement and is
designated by local ordinance as a public officer. No person may be
appointed as an illegal dumping enforcement officer if that person is
disqualified pursuant to the criteria set forth in Section 1029 of
the Government Code. Persons designated pursuant to this subdivision
may be furnished state summary criminal history information upon a
showing of compelling need pursuant to subdivision (c) of Section
11105.


830.8.  (a) Federal criminal investigators and law enforcement
officers are not California peace officers, but may exercise the
powers of arrest of a peace officer in any of the following
circumstances:
   (1) Any circumstances specified in Section 836 or Section 5150 of
the Welfare and Institutions Code for violations of state or local
laws.
   (2) When these investigators and law enforcement officers are
engaged in the enforcement of federal criminal laws and exercise the
arrest powers only incidental to the performance of these duties.
   (3) When requested by a California law enforcement agency to be
involved in a joint task force or criminal investigation.
   (4) When probable cause exists to believe that a public offense
that involves immediate danger to persons or property has just
occurred or is being committed.
   In all of these instances, the provisions of Section 847 shall
apply.  These investigators and law enforcement officers, prior to
the exercise of these arrest powers, shall have been certified by
their agency heads as having satisfied the training requirements of
Section 832, or the equivalent thereof.
   This subdivision does not apply to federal officers of the Bureau
of Land Management or the Forest Service of the Department of
Agriculture.  These officers have no authority to enforce California
statutes without the written consent of the sheriff or the chief of
police in whose jurisdiction they are assigned.
   (b) Duly authorized federal employees who comply with the training
requirements set forth in Section 832 are peace officers when they
are engaged in enforcing applicable state or local laws on property
owned or possessed by the United States government, or on any street,
sidewalk, or property adjacent thereto, and with the written consent
of the sheriff or the chief of police, respectively, in whose
jurisdiction the property is situated.
   (c) National park rangers are not California peace officers but
may exercise the powers of arrest of a peace officer as specified in
Section 836 and the powers of a peace officer specified in Section
5150 of the Welfare and Institutions Code for violations of state or
local laws provided these rangers are exercising the arrest powers
incidental to the performance of their federal duties or providing or
attempting to provide law enforcement services in response to a
request initiated by California state park rangers to assist in
preserving the peace and protecting state parks and other property
for which California state park rangers are responsible.  National
park rangers, prior to the exercise of these arrest powers, shall
have been certified by their agency heads as having satisfactorily
completed the training requirements of Section 832.3, or the
equivalent thereof.
   (d) Notwithstanding any other provision of law, during a state of
war emergency or a state of emergency, as defined in Section 8558 of
the Government Code, federal criminal investigators and law
enforcement officers who are assisting California law enforcement
officers in carrying out emergency operations are not deemed
California peace officers, but may exercise the powers of arrest of a
peace officer as specified in Section 836 and the powers of a peace
officer specified in Section 5150 of the Welfare and Institutions
Code for violations of state or local laws.  In these instances, the
provisions of Section 847 and of Section 8655 of the Government Code
shall apply.
   (e) (1) Any qualified person who is appointed as a Washoe tribal
law enforcement officer is not a California peace officer, but may
exercise the powers of a Washoe tribal peace officer when engaged in
the enforcement of Washoe tribal criminal laws against any person who
is an Indian, as defined in subsection (a) of Section 450b of Title
25 of the United States Code, on Washoe tribal land.  The respective
prosecuting authorities, in consultation with law enforcement
agencies, may agree on who shall have initial responsibility for
prosecution of specified infractions.  This subdivision is not meant
to confer cross-deputized status as California peace officers, nor to
confer California peace officer status upon Washoe tribal law
enforcement officers when enforcing state or local laws in the State
of California.  Nothing in this section shall be construed to impose
liability upon or to require indemnification by the County of Alpine
or the State of California for any act performed by an officer of the
Washoe Tribe.  Washoe tribal law enforcement officers shall have the
right to travel to and from Washoe tribal lands within California in
order to carry out tribal duties.
   (2) Washoe tribal law enforcement officers are exempted from the
provisions of subdivision (a) of Section 12025 and subdivision (a) of
Section 12031 while performing their official duties on their tribal
lands or while proceeding by a direct route to or from the tribal
lands.  Tribal law enforcement vehicles are deemed to be emergency
vehicles within the meaning of Section 30 of the Vehicle Code while
performing official police services.
   (3) As used in this subdivision, the term "Washoe tribal lands"
includes the following:
   (A) All lands located in the County of Alpine within the limits of
the reservation created for the Washoe Tribe of Nevada and
California, notwithstanding the issuance of any patent and including
rights-of-way running through the reservation and all tribal trust
lands.
   (B) All Indian allotments, the Indian titles to which have not
been extinguished, including rights-of-way running through the same.

   (4) As used in this subdivision, the term "Washoe tribal law"
refers to the laws codified in the Law and Order Code of the Washoe
Tribe of Nevada and California, as adopted by the Tribal Council of
the Washoe Tribe of Nevada and California.



830.9.  Animal control officers are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to serve warrants as specified in Sections
1523 and 1530 during the course and within the scope of their
employment, if those officers successfully complete a course in the
exercise of those powers pursuant to Section 832.  That part of the
training course specified in Section 832 pertaining to the carrying
and use of firearms shall not be required for any animal control
officer whose employing agency prohibits the use of firearms.
   For the purposes of this section, "firearms" includes capture
guns, blowguns, carbon dioxide operated rifles and pistols, air guns,
handguns, rifles, and shotguns.



830.10.  Any uniformed peace officer shall wear a badge, nameplate,
or other device which bears clearly on its face the identification
number or name of the officer.



830.11.  (a) The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to serve warrants as specified in Sections
1523 and 1530 during the course and within the scope of their
employment, if they receive a course in the exercise of those powers
pursuant to Section 832. The authority and powers of the persons
designated under this section shall extend to any place in the state:

   (1) Persons employed by the Department of Financial Institutions
designated by the Commissioner of Financial Institutions, provided
that the primary duty of these persons shall be the enforcement of,
and investigations relating to, the provisions of law administered by
the Commissioner of Financial Institutions.
   (2) Persons employed by the Department of Real Estate designated
by the Real Estate Commissioner, provided that the primary duty of
these persons shall be the enforcement of the laws set forth in Part
1 (commencing with Section 10000) and Part 2 (commencing with Section
11000) of Division 4 of the Business and Professions Code. The Real
Estate Commissioner may designate persons under this section, who at
the time of their designation, are assigned to the Special
Investigations Unit, internally known as the Crisis Response Team.
   (3) Persons employed by the State Lands Commission designated by
the executive officer, provided that the primary duty of these
persons shall be the enforcement of the law relating to the duties of
the State Lands Commission.
   (4) Persons employed as investigators of the Investigations Bureau
of the Department of Insurance, who are designated by the Chief of
the Investigations Bureau, provided that the primary duty of these
persons shall be the enforcement of the Insurance Code and other laws
relating to persons and businesses, licensed and unlicensed by the
Department of Insurance, who are engaged in the business of
insurance.
   (5) Persons employed as investigators and investigator supervisors
of the Consumer Services Division or the Rail Safety and Carrier
Division of the Public Utilities Commission who are designated by the
commission's executive director and approved by the commission,
provided that the primary duty of these persons shall be the
enforcement of the law as that duty is set forth in Section 308.5 of
the Public Utilities Code.
   (6) (A) Persons employed by the State Board of Equalization,
Investigations Division, who are designated by the board's executive
director, provided that the primary duty of these persons shall be
the enforcement of laws administered by the State Board of
Equalization.
   (B) Persons designated pursuant to this paragraph are not entitled
to peace officer retirement benefits.
   (7) Persons employed by the Department of Food and Agriculture and
designated by the Secretary of Food and Agriculture as
investigators, investigator supervisors, and investigator managers,
provided that the primary duty of these persons shall be enforcement
of, and investigations relating to, the Food and Agricultural Code or
Division 5 (commencing with Section 12001) of the Business and
Professions Code.
   (b) Notwithstanding any other provision of law, persons designated
pursuant to this section may not carry firearms.
   (c) Persons designated pursuant to this section shall be included
as "peace officers of the state" under paragraph (2) of subdivision
(c) of Section 11105 for the purpose of receiving state summary
criminal history information and shall be furnished that information
on the same basis as peace officers of the state designated in
paragraph (2) of subdivision (c) of Section 11105.



830.12.  Notwithstanding any other provision of law, persons
designated by a local agency as litter control officers, vehicle
abatement officers, registered sanitarians, and solid waste
specialists, are not peace officers, may not exercise the powers of
arrest of a peace officer, as specified in Section 836, and shall not
be authorized to carry or use firearms within the scope and course
of their employment.  These persons may, however, be authorized by
the governing board of the particular local agency to issue citations
involving violations of laws relating to abandoned vehicles and
littering.


830.13.  (a) The following persons are not peace officers but may
exercise the power to serve warrants as specified in Sections 1523
and 1530 during the course and within the scope of their employment,
if they receive a course in the exercise of that power pursuant to
Section 832.  The authority and power of the persons designated under
this section shall extend to any place in the state:
   Persons employed as investigators of an auditor-controller or
director of finance of any county or persons employed by a city and
county who conduct investigations under the supervision of the
controller of the city and county, who are regularly employed and
paid in that capacity, provided that the primary duty of these
persons shall be to engage in investigations related to the theft of
funds or the misappropriation of funds or resources, or
investigations related to the duties of the auditor-controller or
finance director as set forth in Chapter 3.5 (commencing with Section
26880), Chapter 4 (commencing with Section 26900), Chapter 4.5
(commencing with Section 26970), and Chapter 4.6 (commencing with
Section 26980) of Part 3 of Division 2 of Title 3 of the Government
Code.
   (b) Notwithstanding any other provision of law, persons designated
pursuant to this section shall not carry firearms.
   (c) Persons designated pursuant to this section shall be included
as "peace officers of the state" under paragraph (2) of subdivision
(c) of Section 11105 for the purpose of receiving state summary
criminal history information and shall be furnished that information
on the same basis as peace officers of the state designated in
paragraph (2) of subdivision (c) of Section 11105.
   (d) Unless otherwise specifically provided, this section confers
to persons designated in this section the same authority and power to
serve warrants as conferred by Section 830.11.



830.14.  (a) A local or regional transit agency or a joint powers
agency operating rail service identified in an implementation program
adopted pursuant to Article 10 (commencing with Section 130450) of
Chapter 4 of Division 12 of the Public Utilities Code may authorize
by contract designated persons as conductors performing fare
inspection duties who are employed by a railroad corporation that
operates public rail commuter transit services for that agency to act
as its agent in the enforcement of subdivisions (a) and (b) of
Section 640 relating to the operation of the rail service if they
complete the training requirement specified in this section.
   (b) The governing board of the Altamont Commuter Express
Authority, a joint powers agency duly formed pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code, by and between the Alameda Congestion
Management Agency, the Santa Clara County Transit District, and the
San Joaquin Regional Rail Commission, may contract with designated
persons to act as its agents in the enforcement of subdivisions (a)
and (b) of Section 640 relating to the operation of a public
transportation system if these persons complete the training
requirement specified in this section.
   (c) The governing board of the Peninsula Corridor Joint Powers
Board, a joint powers agency duly formed pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code, by and between the San Mateo County Transit
District, the Santa Clara County Transit District, and the City and
County of San Francisco, may appoint designated persons to act as its
agents in the enforcement of subdivisions (a) and (b) of Section 640
relating to the operation of a public transportation system if these
persons complete the training requirement specified in this section.

   (d) The governing board of Foothill Transit, a joint powers agency
duly formed pursuant to Article 1 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 of the Government Code, by and
between the Cities of Arcadia, Azusa, Baldwin Park, Bradbury,
Claremont, Covina, Diamond Bar, Duarte, El Monte, Glendora, Industry,
Irwindale, La Habra Heights, La Puente, La Verne, Monrovia, Pomona,
San Dimas, South El Monte, Temple City, Walnut, West Covina, and the
County of Los Angeles, may resolve to contract with designated
persons to act as its agents in the enforcement of subdivisions (a)
and (b) of Section 640 relating to the operation of a public
transportation system if these persons complete the training
requirement specified in this section.
    (e) Persons authorized pursuant to this section to enforce
subdivisions (a) and (b) of Section 640 shall complete a specialized
fare compliance course which shall be provided by the authorizing
agency. This training course shall include, but not be limited to,
the following topics:
   (1) An overview of barrier-free fare inspection concepts.
   (2) The scope and limitations of inspector authority.
   (3) Familiarization with the elements of the infractions
enumerated in subdivisions (a) and (b) of Section 640.
   (4) Techniques for conducting fare checks, including inspection
procedures, demeanor, and contacting violators.
   (5) Citation issuance and court appearances.
   (6) Fare media recognition.
   (7) Handling argumentative violators and diffusing conflict.
   (8) The mechanics of law enforcement support and interacting with
law enforcement for effective incident resolution.
    (f) Persons described in this section are public officers, not
peace officers, have no authority to carry firearms or any other
weapon while performing the duties authorized in this section, and
may not exercise the powers of arrest of a peace officer while
performing the duties authorized in this section. These persons may
be authorized by the agencies specified in this section to issue
citations involving infractions relating to the operation of the rail
service specified in this section.
   (g) Nothing in this section shall affect the retirement or
disability benefits provided to employees described in this section
or be in violation of any collective bargaining agreement between a
labor organization and a railroad corporation.
    (h) Notwithstanding any other provision of this section, the
primary responsibility of a conductor of a commuter passenger train
shall be functions related to safe train operation.



831.  (a) A custodial officer is a public officer, not a peace
officer, employed by a law enforcement agency of a city or county who
has the authority and responsibility for maintaining custody of
prisoners and performs tasks related to the operation of a local
detention facility used for the detention of persons usually pending
arraignment or upon court order either for their own safekeeping or
for the specific purpose of serving a sentence therein.
   (b) A custodial officer shall have no right to carry or possess
firearms in the performance of his or her prescribed duties.
   (c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
the position, satisfactorily complete the training course specified
in Section 832.  In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the Board of
Corrections pursuant to Section 6035.  Persons designated as
custodial officers, before the expiration of the 90-day and one-year
periods described in this subdivision, who have not yet completed the
required training, may perform the duties of a custodial officer
only while under the direct supervision of a peace officer as
described in Section 830.1, who has completed the training prescribed
by the Commission on Peace Officer Standards and Training, or a
custodial officer who has completed the training required in this
section.
   (d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.
   (e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
   (f) A custodial officer may use reasonable force in establishing
and maintaining custody of persons delivered to him or her by a law
enforcement officer; may make arrests for misdemeanors and felonies
within the local detention facility pursuant to a duly issued
warrant; may release without further criminal process persons
arrested for intoxication; and may release misdemeanants on citation
to appear in lieu of or after booking.



831.4.  (a) A sheriff's or police security officer is a public
officer, employed by the sheriff of a county or police chief of a
city, whose primary duty is the security of locations or facilities
as directed by the sheriff or police chief.  The duties of a sheriff'
s or police security officer  shall be limited to the physical
security and protection of properties owned, operated, controlled, or
administered by the county or city, or any municipality or special
district contracting for police services from the county or city
pursuant to Section 54981 of the Government Code, or necessary duties
with respect to the patrons, employees, and properties of the
employing county, city, or contracting entities.
   (b) A sheriff's or police security officer is not a peace officer
nor a public safety officer as defined in Section 3301 of the
Government Code.  A sheriff's or police security officer may carry or
possess a firearm, baton, and other safety equipment and weapons
authorized by the sheriff or police chief while performing the duties
authorized in this section, and under the terms and conditions
specified by the sheriff or police chief.  These persons may not
exercise the powers of arrest of a peace officer, but may issue
citations for infractions if authorized by the sheriff or police
chief.
   (c) Each sheriff's or police security officer shall satisfactorily
complete a course of training as specified in Section 832 prior to
being assigned to perform his or her duties.  Nothing in this
subdivision shall preclude the sheriff or police chief from requiring
additional training requirements.
   (d) Notwithstanding any other law, nothing in this section shall
be construed to confer any authority upon any sheriff's or police
security officer except while on duty, or confer any additional
retirement benefits to persons employed within this classification.



831.5.  (a) As used in this section, a custodial officer is a public
officer, not a peace officer, employed by a law enforcement agency
of San Diego County, Fresno County, Kern County, Stanislaus County,
Riverside County, Santa Clara County, or a county having a population
of 425,000 or less who has the authority and responsibility for
maintaining custody of prisoners and performs tasks related to the
operation of a local detention facility used for the detention of
persons usually pending arraignment or upon court order either for
their own safekeeping or for the specific purpose of serving a
sentence therein.  Custodial officers of a county shall be employees
of, and under the authority of, the sheriff, except in counties in
which the sheriff, as of July 1, 1993, is not in charge of and the
sole and exclusive authority to keep the county jail and the
prisoners in it.  A custodial officer includes a person designated as
a correctional officer, jailer, or other similar title.  The duties
of a custodial officer may include the serving of warrants, court
orders, writs, and subpoenas in the detention facility or under
circumstances arising directly out of maintaining custody of
prisoners and related tasks.
   (b) A custodial officer has no right to carry or possess firearms
in the performance of his or her prescribed duties, except, under the
direction of the sheriff or chief of police, while engaged in
transporting prisoners; guarding hospitalized prisoners; or
suppressing jail riots, lynchings, escapes, or rescues in or about a
detention facility falling under the care and custody of the sheriff
or chief of police.
   (c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
that position, satisfactorily complete the training course specified
in Section 832.  In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the Board of
Corrections pursuant to Section 6035.  Persons designated as
custodial officers, before the expiration of the 90-day and one-year
periods described in this subdivision, who have not yet completed the
required training, shall not carry or possess firearms in the
performance of their prescribed duties, but may perform the duties of
a custodial officer only while under the direct supervision of a
peace officer, as described in Section 830.1, who has completed the
training prescribed by the Commission on Peace Officer Standards and
Training, or a custodial officer who has completed the training
required in this section.
   (d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.
   (e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
   (f) A custodial officer may use reasonable force in establishing
and maintaining custody of persons delivered to him or her by a law
enforcement officer; may make arrests for misdemeanors and felonies
within the local detention facility pursuant to a duly issued
warrant; may make warrantless arrests pursuant to Section 836.5 only
during the duration of his or her job; may release without further
criminal process persons arrested for intoxication; and may release
misdemeanants on citation to appear in lieu of or after booking.
   (g) Custodial officers employed by the Santa Clara County
Department of  Corrections are authorized to perform the following
additional duties in the facility:
   (1) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.
   (2) Search property, cells, prisoners or visitors.
   (3) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.
   (4) Conduct searches and seizures pursuant to a duly issued
warrant.
   (5) Segregate prisoners.
   (6) Classify prisoners for the purpose of housing or participation
in supervised activities.
   These duties may be performed at the Santa Clara Valley Medical
Center as needed and only as they directly relate to guarding
inpatient, in-custody inmates.  This subdivision shall not be
construed to authorize the performance of any law enforcement
activity involving any person other than the inmate or his or her
visitors.
   (h) Nothing in this section shall authorize a custodial officer to
carry or possess a firearm when the officer is not on duty.
   (i) It is the intent of the Legislature that this section, as it
relates to Santa Clara County, enumerate specific duties of custodial
officers (known as "correctional officers" in Santa Clara County)
and to clarify the relationships of the correctional officers and
deputy sheriffs in Santa Clara County.  These duties are the same
duties of the custodial officers prior to the date of enactment of
Senate Bill 1019 of the 1999-2000 Regular Session of the Legislature
pursuant to local rules and judicial decisions.  It is further the
intent of the Legislature that all issues regarding compensation for
custodial officers remain subject to the collective bargaining
process between the County of Santa Clara and the authorized
bargaining representative for the custodial officers.  However,
nothing in this section shall be construed to assert that the duties
of custodial officers are equivalent to the duties of deputy sheriffs
nor to affect the ability of the county to negotiate pay that
reflects the different duties of custodial officers and deputy
sheriffs.
   (j) This section shall become operative on January 1, 2003.
  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to finally, fully, and expeditiously implement the voters'
wishes in creating the county department of corrections, giving it
explicit direction to operate the county jails for all sentenced and
unsentenced prisoners under authority of the county board of
supervisors, it is necessary that this act take effect immediately.



831.6.  (a) A transportation officer is a public officer, not a
peace officer, appointed on a contract basis by a peace officer to
transport a prisoner or prisoners.
   (b) A transportation officer shall have the authority of a public
officer, and shall have the right to carry or possess firearms, only
while engaged in the transportation of a prisoner or prisoners for
the duration of the contract.
   (c) Each person described in this section as a transportation
officer shall, prior to the transportation of any prisoner, have
satisfactorily completed the training course specified in Section
832.
   (d) A transportation officer may use reasonable force in
establishing and maintaining custody of persons delivered to him or
her by a peace officer.



831.7.  (a) As used in this section, a custody assistant is a person
who is a full-time employee, not a peace officer, employed by the
county sheriff's department who assists peace officer personnel in
maintaining order and security in a custody detention, court
detention, or station jail facility of the sheriff's department. A
custody assistant is responsible for maintaining custody of prisoners
and performs tasks related to the operation of a local detention
facility used for the detention of persons usually pending
arraignment or upon court order either for their own safekeeping or
for the specific purpose of serving a sentence therein. Custody
assistants of the sheriff's department shall be employees of, and
under the authority of, the sheriff.
   (b) A custody assistant has no right to carry or possess firearms
in the performance of his or her prescribed duties.
   (c) Each person described in this section as a custody assistant
shall satisfactorily complete a training course specified by the
sheriff's department. In addition, each person designated as a
custody assistant shall satisfactorily meet the minimum selection and
training standards prescribed by the Department of Corrections and
Rehabilitation pursuant to Section 6035.
   (d) A custody assistant may use reasonable force in establishing
and maintaining custody of persons housed at a local detention
facility, court detention facility, or station jail facility.
   (e) Custody assistants employed by the county sheriff's department
are authorized to perform the following additional duties in a
custody facility, court detention facility, or station jail facility:

   (1) Assist in supervising the conduct of inmates in sleeping
quarters, during meals and bathing, at recreation, and on work
assignments.
   (2) Assist in overseeing the work of, and instructing, a group of
inmates assigned to various operational, maintenance, or other
rehabilitative activities.
   (3) Assist in the operation of main or dormitory control booths.
   (4) Assist in processing inmates for court appearances.
   (5) Control, or assist in the monitoring and control of, access to
attorney rooms and visiting areas.
   (6) Fingerprint, photograph, or operate livescan machines with
respect to inmates, or assist in the fingerprinting or photographing
of inmates.
   (7) Obtain criminal history information relating to an inmate
including any warrant or other hold, and update classification or
housing information relating to an inmate, as necessary.
   (8) Interview inmates and review records related to the
classification process to determine the appropriate security level
for an inmate or the eligibility of an inmate for transfer to another
facility.
   (9) Ensure compliance of a custody facility, court detention
facility, or station jail facility with the provisions of Title 15 of
the California Code of Regulations, or with any other applicable
legislative or judicial mandate.
   (10) Assist in receiving and processing inmates in a sheriff's
station, court detention area, or type I jail facility.
   (11) Secure inmates and their personal property and moneys as
necessary in compliance with the rules and regulations of the sheriff'
s department.
   (12) Order, inspect, or serve meals to inmates.
   (13) Maintain sanitary conditions within a custody facility, court
detention facility, or station jail facility.
   (14) Respond to public inquiries regarding any inmate.
   (f) Notwithstanding any other law, nothing in this section shall
be construed to confer any authority upon a custody assistant except
while on duty, or to grant any additional retirement benefits to
persons employed within this classification.
   (g) This section shall apply only in a county of the first class,
as established by Sections 28020 and 28022 of the Government Code,
but shall not be operative in a county until adopted by resolution of
the board of supervisors.



832.  (a) Every person described in this chapter as a peace officer
shall satisfactorily complete an introductory course of training
prescribed by the Commission on Peace Officer Standards and Training.
  On or after July 1, 1989, satisfactory completion of the course
shall be demonstrated by passage of an appropriate examination
developed or approved by the commission.  Training in the carrying
and use of firearms shall not be required of any peace officer whose
employing agency prohibits the use of firearms.
   (b) (1) Every peace officer described in this chapter, prior to
the exercise of the powers of a peace officer, shall have
satisfactorily completed the course of training described in
subdivision (a).
   (2) Every peace officer described in Section 13510 or in
subdivision (a) of Section 830.2 may satisfactorily complete the
training required by this section as part of the training prescribed
pursuant to Section 13510.
   (c) Persons described in this chapter as peace officers who have
not satisfactorily completed the course described in subdivision (a),
as specified in subdivision (b), shall not have the powers of a
peace officer until they satisfactorily complete the course.
   (d) Any peace officer who, on March 4, 1972, possesses or is
qualified to possess the basic certificate as awarded by the
Commission on Peace Officer Standards and Training shall be exempted
from this section.
   (e) (1) Any person completing the training described in
subdivision (a) who does not become employed as a peace officer
within three years from the date of passing the examination described
in subdivision (a), or who has a three-year or longer break in
service as a peace officer, shall pass the examination described in
subdivision (a) prior to the exercise of the powers of a peace
officer, except for any person described in paragraph (2).
   (2) The requirement in paragraph (1) does not apply to any person
who meets any of the following requirements:
   (A) Is returning to a management position that is at the second
level of supervision or higher.
   (B) Has successfully requalified for a basic course through the
Commission on Peace Officer Standards and Training.
   (C) Has maintained proficiency through teaching the course
described in subdivision (a).
   (D) During the break in California service, was continuously
employed as a peace officer in another state or at the federal level.

   (E) Has previously met the requirements of subdivision (a), has
been appointed as a peace officer under subdivision (c) of Section
830.1, and has been continuously employed as a custodial officer as
defined in Section 831 or 831.5 by the agency making the peace
officer appointment since completing the training prescribed in
subdivision (a).
   (f) The commission may charge appropriate fees for the examination
required by subdivision (e), not to exceed actual costs.
   (g) Notwithstanding any other provision of law, the commission may
charge appropriate fees for the examination required by subdivision
(a) to each applicant who is not sponsored by a local or other law
enforcement agency, or is not a peace officer employed by, or under
consideration for employment by, a state or local agency, department,
or district, or is not a custodial officer as defined in Sections
831 and 831.5.  The fees shall not exceed actual costs.



832.05.  (a) Each state or local department or agency that employs
peace officers shall utilize a person meeting the requirements set
forth in subdivision (f) of Section 1031 of the Government Code,
applicable to emotional and mental examinations, for any  emotional
and mental evaluation done in the course of the department or agency'
s screening of peace officer recruits or the evaluation of peace
officers to determine their fitness for duty.
   (b) This section shall become operative on January 1, 2005.



832.1.  Any airport security officer, airport policeman, or airport
special officer, regularly employed and paid by a city, county, city
and county, or district who is a peace officer shall have completed a
course of training relative to airport security approved by the
Commission on Peace Officers Standards and Training.  Any such
airport officer so employed on the effective date of this section
shall have completed the course of instruction required by this
section by September 1, 1973.  Any airport officer so employed after
such effective date shall have completed the course of instruction
within 90 days after such employment.
   Any officer who has not satisfactorily completed such course
within such prescribed time shall not continue to have the powers of
a peace officer until they have satisfactorily completed such course.



832.2.  Every school police reserve officer, as described in Section
38000 of the Education Code, shall complete a course of training
approved by the Commission on Peace Officer Standards and Training
relating directly to the role of school  police reserve officers.
   The school police reserve officer training course shall address
guidelines and procedures for reporting offenses to other law
enforcement agencies that deal with violence on campus and other
school related matters, as determined by the Commission on Peace
Officer Standards and Training.



832.25.  (a) Notwithstanding any other provision of law, all welfare
fraud investigators or inspectors who are appointed as peace
officers pursuant to subdivision (a) of Section 830.35 on or after
January 1, 2001, shall attend and complete a specialized
investigators basic course approved by the Commission on Peace
Officer Standards and Training within one year of being hired as a
welfare investigator or inspector.  Any welfare fraud investigator or
inspector appointed prior to January 1, 2001, shall not be required
to attend and complete the training required by this section,
provided that he or she has been continuously employed in that
capacity prior to January 1, 2001, by the county that made the
appointment.
   (b) Any investigator or inspector who possesses a valid basic
peace officer certificate as awarded by the Commission on Peace
Officer Standards and Training or who has successfully completed the
regular basic course certified by the Commission on Peace Officer
Standards and Training basic course within three years prior to
appointment shall be exempt from the training requirements of
subdivision (a).



832.3.  (a) Except as provided in subdivision (e), any sheriff,
undersheriff, or deputy sheriff of a county, any police officer of a
city, and any police officer of a district authorized by statute to
maintain a police department, who is first employed after January 1,
1975, shall successfully complete a course of training prescribed by
the Commission on Peace Officer Standards and Training before
exercising the powers of a peace officer, except while participating
as a trainee in a supervised field training program approved by the
Commission on Peace Officer Standards and Training.  Each police
chief, or any other person in charge of a local law enforcement
agency, appointed on or after January 1, 1999, as a condition of
continued employment, shall complete the course of training pursuant
to this subdivision within two years of appointment.  The training
course for a sheriff, an undersheriff, and a deputy sheriff of a
county, and a police chief and a police officer of a city or any
other local law enforcement agency, shall be the same.
   (b) For the purpose of ensuring competent peace officers and
standardizing the training required in subdivision (a), the
commission shall develop a testing program, including standardized
tests that enable (1) comparisons between presenters of the training
and (2) assessments of trainee achievement.  The trainees' test
scores shall be used only for the purposes enumerated in this
subdivision and those research purposes as shall be approved in
advance by the commission.  The commission shall take all steps
necessary to maintain the confidentiality of the test scores, test
items, scoring keys, and other examination data used in the testing
program required by this subdivision.  The commission shall determine
the minimum passing score for each test and the conditions for
retesting students who fail.  Passing these tests shall be required
for successful completion of the training required in subdivision
(a).  Presenters approved by the commission to provide the training
required in subdivision (a) shall administer the standardized tests
or, at the commission's option, shall facilitate the commission's
administration of the standardized tests to all trainees.
   (c) Notwithstanding subdivision (c) of Section 84500 of the
Education Code and any regulations adopted pursuant thereto,
community colleges may give preference in enrollment to employed law
enforcement trainees who shall complete training as prescribed by
this section.  At least 15 percent of each presentation shall consist
of nonlaw enforcement trainees if they are available.  Preference
should only be given when the trainee could not complete the course
within the time required by statute, and only when no other training
program is reasonably available.  Average daily attendance for these
courses shall be reported for state aid.
   (d) Prior to July 1, 1987, the commission shall make a report to
the Legislature on academy proficiency testing scores.  This report
shall include an evaluation of the correlation between academy
proficiency test scores and performance as a peace officer.
   (e) (1) Any deputy sheriff described in subdivision (c) of Section
830.1 shall be exempt from the training requirements specified in
subdivisions (a) and (b) as long as his or her assignments remain
custodial related.
   (2) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the training for peace officers pursuant to
subdivision (a) of Section 832, and within 120 days after the date of
employment, shall complete the training required by the Board of
Corrections for custodial personnel pursuant to Section 6035, and the
training required for custodial personnel of local detention
facilities pursuant to Division 1 (commencing with Section 100) of
Title 15 of the California Code of Regulations.
   (3) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the course of training pursuant to subdivision (a)
prior to being reassigned from custodial assignments to duties with
responsibility for the prevention and detection of crime and the
general enforcement of the criminal laws of this state.
   (f) Any school police officer first employed by a K-12 public
school district or California Community College district after July
1, 1999, shall successfully complete a basic course of training as
prescribed by subdivision (a) before exercising the powers of a peace
officer.  A school police officer shall not be subject to this
subdivision while participating as a trainee in a supervised field
training program approved by the Commission on Peace Officer
Standards and Training.
   (g) The commission shall prepare a specialized course of
instruction for the training of school peace officers, as defined in
Section 830.32, to meet the unique safety needs of a school
environment.  This course is intended to supplement any other
training requirements.
   (h) Any school peace officer first employed by a K-12 public
school district or California Community College district before July
1, 1999, shall successfully complete the specialized course of
training prescribed in subdivision (g) no later than July 1, 2002.
Any school police officer first employed by a K-12 public school
district or California Community College district after July 1, 1999,
shall successfully complete the specialized course of training
prescribed in subdivision (g) within two years of the date of first
employment.


832.4.  (a) Any undersheriff or deputy sheriff of a county, any
police officer of a city, and any police officer of a district
authorized by statute to maintain a police department, who is first
employed after January 1, 1974, and is responsible for the prevention
and detection of crime and the general enforcement of the criminal
laws of this state, shall obtain the basic certificate issued by the
Commission on Peace Officer Standards and Training within 18 months
of his or her employment in order to continue to exercise the powers
of a peace officer after the expiration of the 18-month period.
   (b) Every peace officer listed in subdivision (a) of Section
830.1, except a sheriff, or elected marshal, or a deputy sheriff
described in subdivision (c) of Section 830.1, who is employed after
January 1, 1988, shall obtain the basic certificate issued by the
Commission on Peace Officer Standards and Training upon completion of
probation, but in no case later than 24 months after his or her
employment, in order to continue to exercise the powers of a peace
officer after the expiration of the 24-month period.
   Deputy sheriffs described in subdivision (c) of Section 830.1
shall obtain the basic certificate issued by the Commission on Peace
Officer Standards and Training within 24 months after being
reassigned from custodial duties to general law enforcement duties.
   In those cases where the probationary period established by the
employing agency is 24 months, the peace officers described in this
subdivision may continue to exercise the powers of a peace officer
for an additional three-month period to allow for the processing of
the certification application.
   (c) Each police chief, or any other person in charge of a local
law enforcement agency, appointed on or after January 1, 1999, as a
condition of continued employment, shall obtain the basic certificate
issued by the Commission on Peace Officer Standards and Training
within two years of appointment.


832.5.  (a) (1) Each department or agency in this state that employs
peace officers shall establish a procedure to investigate complaints
by members of the public against the personnel of these departments
or agencies, and shall make a written description of the procedure
available to the public.
   (2) Each department or agency that employs custodial officers, as
defined in Section 831.5, may establish a procedure to investigate
complaints by members of the public against those custodial officers
employed by these departments or agencies, provided however, that any
procedure so established shall comply with the provisions of this
section and with the provisions of Section 832.7.
   (b) Complaints and any reports or findings relating to these
complaints shall be retained for a period of at least five years.
All complaints retained pursuant to this subdivision may be
maintained either in the peace or custodial officer's general
personnel file or in a separate file designated by the department or
agency as provided by department or agency policy, in accordance with
all applicable requirements of law.  However, prior to any official
determination regarding promotion, transfer, or disciplinary action
by an officer's employing department or agency, the complaints
described by subdivision (c) shall be removed from the officer's
general personnel file and placed in separate file designated by the
department or agency, in accordance with all applicable requirements
of law.
   (c) Complaints by members of the public that are determined by the
peace or custodial officer's employing agency to be frivolous, as
defined in Section 128.5 of the Code of Civil Procedure, or unfounded
or exonerated, or any portion of a complaint that is determined to
be frivolous, unfounded, or exonerated, shall not be maintained in
that officer's general personnel file.  However, these complaints
shall be retained in other, separate files that shall be deemed
personnel records for purposes of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) and Section 1043 of the Evidence Code.
   (1) Management of the peace or custodial officer's employing
agency shall have access to the files described in this subdivision.

   (2) Management of the peace or custodial officer's employing
agency shall not use the complaints contained in these separate files
for punitive or promotional purposes except as permitted by
subdivision (f) of Section 3304 of the Government Code.
   (3) Management of the peace or custodial officer's employing
agency may identify any officer who is subject to the complaints
maintained in these files which require counseling or additional
training.  However, if a complaint is removed from the officer's
personnel file, any reference in the personnel file to the complaint
or to a separate file shall be deleted.
   (d) As used in this section, the following definitions apply:
   (1) "General personnel file" means the file maintained by the
agency containing the primary records specific to each peace or
custodial officer's employment, including evaluations, assignments,
status changes, and imposed discipline.
   (2) "Unfounded" means that the investigation clearly established
that the allegation is not true.
   (3) "Exonerated" means that the investigation clearly established
that the actions of the peace or custodial officer that formed the
basis for the complaint are not violations of law or department
policy.



832.6.  (a) Every person deputized or appointed, as described in
subdivision (a) of Section 830.6, shall have the powers of a peace
officer only when the person is any of the following:
   (1) A level I reserve officer deputized or appointed pursuant to
paragraph (1) or (2) of subdivision (a) or subdivision (b) of Section
830.6 and assigned to the prevention and detection of crime and the
general enforcement of the laws of this state, whether or not working
alone, and the person has completed the basic training course for
deputy sheriffs and police officers prescribed by the Commission on
Peace Officer Standards and Training.  For level I reserve officers
appointed prior to January 1, 1997, the basic training requirement
shall be the course that was prescribed at the time of their
appointment.  Reserve officers appointed pursuant to this paragraph
shall satisfy the continuing professional training requirement
prescribed by the commission.
   (2) A level II reserve officer assigned to the prevention and
detection of crime and the general enforcement of the laws of this
state while under the immediate supervision of a peace officer who
has completed the basic training course for deputy sheriffs and
police officers prescribed by the Commission on Peace Officer
Standards and Training, and the level II reserve officer has
completed the course required by Section 832 and any other training
prescribed by the commission.
   Level II reserve officers appointed pursuant to this paragraph may
be assigned, without immediate supervision, to  those limited duties
that are authorized for level III reserve officers pursuant to
paragraph (3).  Reserve officers appointed pursuant to this paragraph
shall satisfy the continuing professional training requirement
prescribed by the commission.
   (3) Level III reserve officers may be deployed and are authorized
only to carry out limited support duties not requiring general law
enforcement powers in their routine performance.  Those limited
duties shall include traffic control, security at parades and
sporting events, report taking, evidence transportation, parking
enforcement, and other duties that are not likely to result in
physical arrests.  Level III reserve officers while assigned these
duties shall be supervised in the accessible vicinity by a level I
reserve officer or a full-time, regular peace officer employed by a
law enforcement agency authorized to have reserve officers.  Level
III reserve officers may transport prisoners without immediate
supervision.  Those persons shall have completed the training
required under Section 832 and any other training prescribed by the
commission for those persons.
   (4) A person assigned to the prevention and detection of a
particular crime or crimes or to the detection or apprehension of a
particular individual or individuals while working under the
supervision of a California peace officer in a county adjacent to the
state border who possesses a basic certificate issued by the
Commission on Peace Officer Standards and Training, and the person is
a law enforcement officer who is regularly employed by a local or
state law enforcement agency in an adjoining state and has completed
the basic training required for peace officers in his or her state.
   (5) For purposes of this section, a reserve officer who has
previously satisfied the training requirements pursuant to this
section, and has served as a level I or II reserve officer within the
three-year period prior to the date of a new appointment shall be
deemed to remain qualified as to the Commission on Peace Officer
Standards and Training requirements if that reserve officer accepts a
new appointment at the same or lower level with another law
enforcement agency.  If the reserve officer has more than a
three-year break in service, he or she shall satisfy current training
requirements.
   This training shall fully satisfy any other training requirements
required by law, including those specified in Section 832.
   In no case shall a peace officer of an adjoining state provide
services within a California jurisdiction during any period in which
the regular law enforcement agency of the jurisdiction is involved in
a labor dispute.
   (b) Notwithstanding subdivision (a), a person who is issued a
level I reserve officer certificate before January 1, 1981, shall
have the full powers and duties of a peace officer as provided by
Section 830.1 if so designated by local ordinance or, if the local
agency is not authorized to act by ordinance, by resolution, either
individually or by class, if the appointing authority determines the
person is qualified to perform general law enforcement duties by
reason of the person's training and experience.  Persons who were
qualified to be issued the level I reserve officer certificate before
January 1, 1981, and who state in writing under penalty of perjury
that they applied for but were not issued the certificate before
January 1, 1981, may be issued the certificate before July 1, 1984.
For purposes of this section, certificates so issued shall be deemed
to have the full force and effect of any level I reserve officer
certificate issued prior to January 1, 1981.
   (c) In carrying out this section, the commission:
   (1) May use proficiency testing to satisfy reserve training
standards.
   (2) Shall provide for convenient training to remote areas in the
state.
   (3) Shall establish a professional certificate for reserve
officers as defined in paragraph (1) of subdivision (a) and may
establish a professional certificate for reserve officers as defined
in paragraphs (2) and (3) of subdivision (a).
   (4) Shall facilitate the voluntary transition of reserve officers
to regular officers with no unnecessary redundancy between the
training required for level I and level II reserve officers.
   (d) In carrying out paragraphs (1) and (3) of subdivision (c), the
commission may establish and levy appropriate fees, provided the
fees do not exceed the cost for administering the respective
services.  These fees shall be deposited in the Peace Officers'
Training Fund established by Section 13520.
   (e) The commission shall include an amount in its annual budget
request to carry out this section.



832.7.  (a) Peace officer or custodial officer personnel records and
records maintained by any state or local agency pursuant to Section
832.5, or information obtained from these records, are confidential
and shall not be disclosed in any criminal or civil proceeding except
by discovery pursuant to Sections 1043 and 1046 of the Evidence
Code.  This section shall not apply to investigations or proceedings
concerning the conduct of peace officers or custodial officers, or an
agency or department that employs those officers, conducted by a
grand jury, a district attorney's office, or the Attorney General's
office.
   (b) Notwithstanding subdivision (a), a department or agency shall
release to the complaining party a copy of his or her own statements
at the time the complaint is filed.
   (c) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may disseminate data regarding
the number, type, or disposition of complaints (sustained, not
sustained, exonerated, or unfounded) made against its officers if
that information is in a form which does not identify the individuals
involved.
   (d) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may release factual information
concerning a disciplinary investigation if the officer who is the
subject of the disciplinary investigation, or the officer's agent or
representative, publicly makes a statement he or she knows to be
false concerning the investigation or the imposition of disciplinary
action.  Information may not be disclosed by the peace or custodial
officer's employer unless the false statement was published by an
established medium of communication, such as television, radio, or a
newspaper.  Disclosure of factual information by the employing agency
pursuant to this subdivision is limited to facts contained in the
officer's personnel file concerning the disciplinary investigation or
imposition of disciplinary action that specifically refute the false
statements made public by the peace or custodial officer or his or
her agent or representative.
   (e) (1) The department or agency shall provide written
notification to the complaining party of the disposition of the
complaint within 30 days of the disposition.
   (2) The notification described in this subdivision shall not be
conclusive or binding or admissible as evidence in any separate or
subsequent action or proceeding brought before an arbitrator, court,
or judge of this state or the United States.
   (f) Nothing in this section shall affect the discovery or
disclosure of information contained in a peace or custodial officer's
personnel file pursuant to Section 1043 of the Evidence Code.




832.8.  As used in Section 832.7, "personnel records" means any file
maintained under that individual's name by his or her employing
agency and containing records relating to any of the following:
   (a) Personal data, including marital status, family members,
educational and employment history, home addresses, or similar
information.
   (b) Medical history.
   (c) Election of employee benefits.
   (d) Employee advancement, appraisal, or discipline.
   (e) Complaints, or investigations of complaints, concerning an
event or transaction in which he or she participated, or which he or
she perceived, and pertaining to the manner in which he or she
performed his or her duties.
   (f) Any other information the disclosure of which would constitute
an unwarranted invasion of personal privacy.



832.9.  (a) A governmental entity employing a peace officer, as
defined in Section 830, judge, court commissioner, or an attorney
employed by the Department of Justice, the State Public Defender, or
a county office of a district attorney or public defender shall
reimburse the moving and relocation expenses of those employees, or
any member of his or her immediate family residing with the officer
in the same household or on the same property when it is necessary to
move because the officer has received a credible threat that a life
threatening action may be taken against the officer, judge, court
commissioner, or an attorney employed by the Department of Justice,
the State Public Defender, or a county office of the district
attorney or public defender or his or her immediate family as a
result of his or her employment.
   (b) The person relocated shall receive actual and necessary moving
and relocation expenses incurred both before and after the change of
residence, including reimbursement for the costs of moving household
effects either by a commercial household goods carrier or by the
employee.
   (1) Actual and necessary moving costs shall be those costs that
are set forth in the Department of Personnel Administration rules
governing promotional relocations while in the state service.  The
department shall not be required to administer this section.
   (2) The public entity shall not be liable for any loss in value to
a residence or for the decrease in value due to a forced sale.
   (3) Except as provided in subdivision (c), peace officers, judges,
court commissioners, and attorneys employed by the Department of
Justice, the State Public Defender, or a county office of a district
attorney or public defender shall receive approval of the appointing
authority prior to incurring any cost covered by this section.
   (4) Peace officers, judges, court commissioners, and attorneys
employed by the Department of Justice, the State Public Defender, or
a county office of a district attorney or public defender  shall not
be considered to be on duty while moving unless approved by the
appointing authority.
   (5) For a relocation to be covered by this section, the appointing
authority shall be notified as soon as a credible threat has been
received.
   (6) Temporary relocation housing shall not exceed 60 days.
   (7) The public entity ceases to be liable for relocation costs
after 120 days of the original notification of a viable threat if the
peace officer, judge, court commissioner, or attorney employed by
the Department of Justice, the State Public Defender, or a county
office of a district attorney or public defender has failed to
relocate.
   (c) (1) For purposes of the right to reimbursement of moving and
relocation expenses pursuant to this section, judges shall be deemed
to be employees of the State of California.  A court commissioner
shall be deemed to be an employee of the county in which the court
where he or she is employed is located.
   (2) For purposes of paragraph (3) of subdivision (b), a court
commissioner shall receive approval by the presiding judge of the
superior court in the county in which he or she is located.
   (3) For purposes of paragraph (3) of subdivision (b), judges,
including justices of the Supreme Court and the Courts of Appeal,
shall receive approval from the Chief Justice, or his or her
designee.
   (d) As used in this section, "credible threat" means a verbal or
written statement or a threat implied by a pattern of conduct or a
combination of verbal or written statements and conduct made with the
intent and the apparent ability to carry out the threat so as to
cause the person who is the target of the threat to reasonably fear
for his or her safety or the safety of his or her immediate family.
   (e) As used in this section, "immediate family" means the spouse,
parents, siblings, and children residing with the peace officer,
judge, court commissioner, or attorney employed by the Department of
Justice, the State Public Defender, or a county office of a district
attorney or public defender.



832.15.  (a) On and after October 1, 1993, the Department of Justice
shall notify a state or local agency as to whether an individual
applying for a position as a peace officer, as defined by this
chapter, a custodial officer authorized by the employing agency to
carry a firearm pursuant to Section 831.5, or a transportation
officer pursuant to Section 831.6 authorized by the employing agency
to carry a firearm, is prohibited from possessing, receiving, owning,
or purchasing a firearm pursuant to Section 12021 or 12021.1 of the
Penal Code, or Section 8100 or 8103 of the Welfare and Institutions
Code.  The notice shall indicate the date that the prohibition
expires.  However, the notice shall not provide any other information
with respect to the basis for the prohibition.
   (b) Before providing the information specified in subdivision (a),
the applicant shall provide the Department of Justice with
fingerprints and other identifying information deemed necessary by
the department.
   (c) The Department of Justice may charge the applicant a fee
sufficient to reimburse its costs for furnishing the information
specified in subdivision (a).
   (d) The notice required by this section shall not apply to persons
receiving treatment under subdivision (a) of Section 8100 of the
Welfare and Institutions Code.



832.16.  (a) On and after October 1, 1993, the Department of Justice
shall notify a state or local agency employing a peace officer, as
defined by this chapter, who is authorized by the employing agency to
carry a firearm, as to whether a peace officer is prohibited from
possessing, receiving, owning, or purchasing a firearm pursuant to
Section 12021 or 12021.1 of the Penal Code, or Section 8100 or 8103
of the Welfare and Institutions Code.  The notice shall indicate the
date that the prohibition expires.  However, the notice shall not
provide any other information with respect to the basis for the
prohibition.
   (b) Before providing the information specified in subdivision (a),
the agency employing the peace officer shall provide the Department
of Justice with the officer's fingerprints and other identifying
information deemed necessary by the department.
   (c) The information specified in this section shall only be
provided by the Department of Justice subject to the availability of
funding.
   (d) The notice required by this section shall not apply to persons
receiving treatment under subdivision (a) of Section 8100 of the
Welfare and Institutions Code.


832.17.  (a) Upon request by a state or local agency, the Department
of Justice shall notify the state or local agency as to whether an
individual employed as a custodial or transportation officer and
authorized by the employing agency to carry a firearm, is prohibited
or subsequently becomes prohibited from possessing, receiving,
owning, or purchasing a firearm pursuant to Section 12021 or 12021.1
of the Penal Code, or Section 8100 or 8103 of the Welfare and
Institutions Code.  The notice shall indicate the date on which the
prohibition expires.  However, the notice shall not provide any other
information with respect to the basis for the prohibition.
   (b) Before the department provides the information specified in
subdivision (a), the officer shall provide the department with his or
her fingerprints and other identifying information deemed necessary
by the department.
   (c) The department may charge the officer a fee sufficient to
reimburse its costs for furnishing the information specified in
subdivision (a).  A local law enforcement agency may pay this fee for
the officer.
   (d) The notice required by this section shall not apply to persons
receiving treatment under subdivision (a) of Section 8100 of the
Welfare and Institutions Code.