2009 California Penal Code - Section 13540-13542 :: Article 4. Peace Officers

PENAL CODE
SECTION 13540-13542

13540.  (a) Any person or persons desiring peace officer status
under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
who, on January 1, 1990, were not entitled to be designated as peace
officers under that chapter shall request the Commission on Peace
Officer Standards and Training to undertake a feasibility study
regarding designating that person or persons as peace officers. The
request and study shall be undertaken in accordance with regulations
adopted by the commission. The commission may charge any person
requesting a study, a fee, not to exceed the actual cost of
undertaking the study. Nothing in this article shall apply to or
otherwise affect the authority of the Director of Corrections, the
Director of the Youth Authority, the Director of the Youthful
Offender Parole Board, or the Secretary of the Youth and Adult
Correctional Agency to designate peace officers as provided for in
Section 830.5.
   (b) Any person or persons who are designated as peace officers
under Chapter 4.5, (commencing with Section 830) of Title 3 of Part
2, and who desire a change in peace officer designation or status,
shall request the Commission on Peace Officer Standards and Training
to undertake a study to assess the need for a change in designation
or status. The request and study shall be undertaken in accordance
with regulations adopted by the commission. The commission may charge
any person, agency, or organization requesting a study, a fee, not
to exceed the actual cost of undertaking the study.

13541.  (a) Any study undertaken under this article shall include,
but shall not be limited to, the current and proposed duties and
responsibilities of persons employed in the category seeking the
designation change, their field law enforcement duties and
responsibilities, their supervisory and management structure, and
their proposed training methods and funding sources.
   (b) A study undertaken pursuant to subdivision (b) of Section
13540 shall include, but shall not be limited to, the current and
proposed duties and responsibilities of the persons employed in the
category seeking the designation change and their field law
enforcement duties and responsibilities, and the extent to which
their current duties and responsibilities require additional peace
officer powers and authority.

13542.  (a) In order for the commission to give a favorable
recommendation as to a change in designation to peace officer status,
the person or persons desiring the designation change shall be
employed by an agency with a supervisory structure consisting of a
chief law enforcement officer, the agency shall agree to comply with
the training requirements set forth in Section 832, and shall be
subject to the funding restriction set forth in Section 13526. The
commission shall issue the study and its recommendations to the
requesting person or agency within 18 months of the mutual acceptance
of a contract between the requesting person or agency and the
commission. A copy of that study and recommendations shall also be
submitted to the Legislature.
   (b) (1) In order for the commission to give a favorable
recommendation as to a change in peace officer designation or status,
the person or persons desiring the change in peace officer
designation or status shall be employed by an agency that is
currently participating in the Peace Officer Standard Training
program.
   (2) If the designation change is moving the person or persons into
Section 830.1, the person or persons shall obtain the basic
certificate issued by the Commission on Peace Officer Standards and
Training, set forth in Section 832.4.
   (3) The commission shall issue the study and its recommendations,
as specified in subdivision (b) of Section 13540, to the requesting
person or persons, within 12 months of the mutual acceptance of a
contract between the requesting person or agency and the commission,
or as soon as possible thereafter if the commission shows good cause
as to the need for an extension of the 12-month time period.
   (4) A copy of that study and recommendation shall also be
submitted to the Legislature.


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