BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair A
2005-2006 Regular Session B
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AB 1882 (Frommer) 2
As Introduced January 23, 2006
Hearing date: June 27, 2006
Penal Code
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LOS ANGELES WORLD AIRPORT POLICE
HISTORY
Source: Laborers International Union of North America, Local
777/California State Council of Laborers
Prior Legislation: None
Support: Peace Officer Research Association of California;
Janice Hahn, Los Angeles City Councilwoman; Los Angeles
Airport Police Command Officers' Association; Los
Angeles World Airports, Board of Airport Commissioners;
Southern California District Council of Laborers;
Laborers International Union of North America; Northern
California District Council of Laborers; California
State Council of Laborers; LAX Airline Airport Affairs
Committee; Los Angeles General Services Police
Officers' Association; Strategic Committee of Public
Employees, Laborers International Union of North
America; Inglewood Partners for Progress; Inglewood
Airport Area Chamber of Commerce; Gateway to LA Airport
Business District; Los Angeles International Airport
Advisory Committee; El Segundo Chamber of Commerce;
Valley Industry & Commerce Association; Van Nuys
Airport Citizens Advisory Council; Crowne Plaza Los
Angeles International Airport Hotel; Westchester/LAX
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Marina del Rey Chamber of Commerce
Opposition:Association for Los Angeles Deputy Sheriffs, Inc.;
Los Angeles Police Protective League; California Peace
Officers Association; California Police Chiefs
Association; Los Angeles County Professional Peace
Officers Association; Jack Weiss, Los Angeles City
Councilmember
Assembly Floor Vote: Ayes 41 - Noes 31
KEY ISSUE
SHOULD THE PEACE OFFICER STATUS OF LOS ANGELES WORLD AIRPORT POLICE
OFFICERS BE RECLASSIFIED TO GRANT ADDITIONAL AUTHORITY?
PURPOSE
The purpose of this bill is to reclassify Los Angeles World
Airport Police from Penal Code section 830.33 to 830.1 status,
expanding their authority to perform certain tasks.
Existing law provides that the following persons are peace
officers with general law enforcement duties and
responsibilities:
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
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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.
(Penal Code 830.1.)
Existing law provides that the following persons are peace
officers having special law enforcement duties and
responsibilities in conjunction with other primary functions:
a member of the San Francisco Bay Area Rapid Transit
District Police Department, as specified, 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;
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;
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;
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, as
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specified, 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;
any railroad police officer commissioned by the
Governor, as specified, 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.
(Penal Code 830.33.)
Existing law requires any person or person designated as a peace
officer and who desires a change in peace officer designation or
status to request the Commission on Peace Officers Standards and
Training (POST) to undertake a study to assess the need for the
change in designation or status. (Penal Code 13540(b).)
This bill would reclassify any person regularly employed as an
airport law enforcement officer by the Los Angeles World
Airports from their current peace officer status pursuant to
Penal Code section 830.33 to the status and authority granted
under Penal Code section 830.1.
COMMENTS
1. Need for This Bill
According to the author:
LAWA includes the Los Angeles International Airport
(LAX), the Ontario International Airport, the Palmdale
Regional Airport and the Van Nuys Airport. LAWA's
premise extends to the Manchester/Belford area
adjacent to and owned by LAX, which includes
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approximately 2,000 residents. Currently, Los Angeles
World Airports (hereinafter referred to as LAWA)
Police Officers are to perform their duties under
Penal Code 830.33.
Since 9/11 stricter security measures have been
employed in airports around the nation to ensure the
security of travelers, airports and cities alike.
However, LAX is in a very unique situation since it
handles approximately 65 million people annually. It
is the 3rd largest airport in the world in terms of
passenger volume and deemed as one of the state's top
terrorist target.
Although LAWA peace officers receive the same level of
police academy training as LAPD, in addition to
aviation security training, they are not given the
statutory authority to undertake specific actions in
certain scenarios. LAWA peace officers are the first
responders to the scene of any dispute, accident, or
incident arising in its jurisdiction.
Disappointingly, if say a domestic dispute arises in
the Manchester area, a LAWA peace officer does not
have the legal authority to seize firearms or other
deadly weapons at the scene of the argument.
Additionally, existing law does not allow LAWA police
to perform the following operations considered vital
to the continual protection and function of the
airports:
Possess explosives for training of canines for bomb detection.
Seize explosives and incendiary devices. (PC 12301.)
Authority for officers to seize firearms or other deadly weapons at
the scene of a domestic violence call. (PC 12028.5.)
Conduct the background investigations on people working at the
airports under the Federal Transportation Security Agency
regulations.
Ability to keep unsafe vehicles off the public roads in and around
airport properties and prevent them from entering the
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airports. (PC 24004.)
Ability to issue a citation to a person involved in a traffic accident
where there is a reasonable cause to believe the person
has committed a vehicular misdemeanor or infraction.
Authority to inspect and enforce the sale and consumption of alcoholic
beverages at the airports. (B&PC 25755.)
2. POST Evaluation Supports the Requested Status Change
POST conducts feasibility studies when a change of designation
is requested as to an existing peace officer position. Bernard
J. Wilson, Chief of Police, Los Angeles World Airport Police
Department (LAWAPD), contacted POST to request a feasibility
study regarding a change in designation from Penal Code Section
830.33 to Penal Code Section 830.1. POST completed the study on
June 1, 2005. In that study, POST recommended the LAWA police
officers "be designated as peace officers pursuant to Penal Code
Section 830.1." The report included extensive interviews of
LAWA officers, the Los Angeles Police Department, other local
law enforcement, and federal law enforcement agency. The report
cited the following duties and responsibilities "requiring the
additional authority which would be provided by a Penal Code
Section 830.1 designation:
The need to possess explosives for the
training of canines for bomb detection.
The requirement to seize explosives and
incendiary devices, including any unclassified
explosives.
The necessity to possess diversionary devices
to immediately control any incident at airports.
The requirement to conduct the background
investigations on the people working at airports under
the Federal Transportation Security Agency
regulations.
The authority for officers to seize firearms
or other deadly weapons at the scene of domestic
violence calls in and around the airport terminals, in
the residential areas owned by the airports, and in
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businesses under the control of LAWA.
The responsibility to keep unsafe vehicles off
the public roads in and around airport properties and
prevent them from entering the airports.
The function of preventing 'gridlock' on the
roads leading to and leaving the airports.
The prevention, enforcement, and investigation
of all laws of making false bomb reports and giving
false reports.
The need to issue a citation to a person
involved in a traffic accident where there is a
reasonable cause to believe the person has committed a
vehicular misdemeanor or infraction."
3. Further Background
A report prepared for the Los Angeles World Airports Board of
Airport Commissioners recommending adoption of a resolution in
support of granting Penal Code section 830.1 status to Los
Angeles Airport Police Officers, provided the following
information:
When the Penal Code statutes were enacted creating
different classifications of peace officers, the
distinction between 830.1 and 830.33 agencies was
clear cut. Sheriff's deputies and municipal police
officers were authorized by, and granted the powers
of, 830.1. Transit, airport, [and port] police were
granted the more limited status and powers of 830.33.
However, since that time several 830.33 agencies have
had their status and powers upgraded to 830.1 to
reflect changes in their responsibilities and need for
greater law enforcement authority in the post 9/11
era. AB 1882 is similar to earlier legislation that
changed the Penal Code status of Los Angeles Port
Wardens and Police, and the San Diego Unified Port
District Police (which also patrols San Diego's
International Airport) from 830.33 to 830.1. At the
present time, the Los Angeles Airport Police are the
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only law enforcement agency at a major California
airport that lacks the greater authority and powers
granted to law enforcement agency peace officers by
having the 830.1 designation.
In May of 2005, Measure "A" was placed on the ballot in the City
of Los Angeles, asking voters to decide whether to amend the
city charter to permit security and law enforcement powers to be
transferred away from the Department of Airports by action of
the mayor and the council. According to Smartvoter.org:
The Airport Police agency was created to be
responsible for law enforcement at the city's
airports. It is required by the charter to remain
under the Airports Department's independent and
autonomous control. Functions that cannot be provided
by the Airport Police are contracted out. The FBI and
the National Transportation Security Agency have
duties, and the Los Angeles Police Department
maintains a substation at LAX, with approximately 56
officers. This complex situation has led to some
concern about confusion and coordination of safety and
security functions.
(More)
(http://www.smartvoter.org/2005/05/17/ca/la/meas/CharterAmendment
-A/.)
Measure "A" was defeated and, on June 14, 2006, the Los Angeles
Times reported,
Police Chief William J. Bratton said Tuesday that he
was pleased with a tentative agreement spelling out
the different roles and responsibilities of his police
force and the separate airport police at Los Angeles
International Airport.
Bratton had voiced concern last week that state
legislation that would give the airport police more
authority at LAX might create confusion. He said
Tuesday that a memorandum of understanding between the
two agencies should be finalized in a matter of days.
"I'm happy," the chief said.
4. Argument in Support
The Peace Officers Research Association of California (PORAC)
states:
Due to two PORAC sponsored bills, the Government Code
requires agencies seeking peace officer status or
looking to move into the 830.1 Section of the Penal
Code to commission, at their own expense, the
Commission on Peace Officer Standards and Training
(POST) to conduct a feasibility study as to whether or
not the authority sought by the agency is warranted.
Since the original bill was signed into law in 1989
(SB 352 (Presley)) POST has been commissioned to
complete twelve feasibility studies. Ten times out of
the twelve studies commissioned, POST recommended
against the agencies request for new or different
authority.
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It has been long agreed by the Legislature and by the
law enforcement community that the best authority on
peace officer jurisdiction, authority, and status is
the Commission on POST. They are the foremost
authority in this area in the country, and their
recommendation in this area has been followed by this
Legislature for the past three decades. For PORAC,
the Commission's recommendation that these peace
officers employed by the Los Angeles World Airports be
moved to the 830.1 Section of the Penal Code, is one
that we respect and fully support. With the increased
duties and requirements placed on these peace
officers, both federally and by the state, we hope the
Legislature will recognize the need for this bill and
will support AB 1882.
5. Argument in Opposition
The California Peace Officers' Association states:
Currently [Los Angeles World Airports Police Division]
contracts with LAPD, an 830.1 agency, to provide over
50 officers per day on an overtime basis for the
purpose of providing fixed post security at the
passenger screening checkpoints, as well as motorcycle
patrol within the Central Terminal Area. Since LAWAPD
is already in need of using outside personnel to
fulfill its existing mission, CPOA questions the
wisdom of further diluting their important mission by
reclassifying them to 830.1 status.
SHOULD THE PEACE OFFICER STATUS OF LOS ANGELES WORLD AIRPORT
POLICE OFFICERS BE RECLASSIFIED TO GRANT ADDITIONAL AUTHORITY?
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