BILL NUMBER: SB 1278	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 21, 2014

   An act to amend Section 830.9 of the Penal Code, relating to
animal control officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1278, as introduced, Leno. Animal control officers.
   Existing law establishes the Commission on Peace Officer Standards
and Training within the Department of Justice. Existing law requires
the commission to carry out various duties related to the education
and training of peace officers, as defined.
   Existing law provides that animal control officers are not peace
officers but may exercise the powers of arrest of a peace officer and
the power to serve warrants, as specified, during the course and
within the scope of their employment, if those officers successfully
complete a course in the exercise of those powers.
   This bill would require every person appointed as an animal
control officer prior to July 1, 2015, to complete a course in the
exercise of the powers of arrest and to serve warrants no later than
July 1, 2016. This bill would require every person appointed as an
animal control officer, and every person appointed as a director,
manager, supervisor, or any person in charge of an animal control
agency, on or after July 1, 2015, to complete a course in the
exercise of the powers of arrest and to serve warrants within one
year of his or her appointment, as specified. This bill would require
every animal control officer, prior to the exercise of the powers of
arrest and to serve warrants, to have satisfactorily completed the
required course of training.
   This bill would also require every animal control officer to
satisfactorily complete at least 40 hours of continuing education and
training relating to the powers and duties of an animal control
officer, as specified.
   By imposing new training requirements on local employees, this
bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 830.9 of the Penal Code is amended to read:
   830.9.   (a)    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.  
   (b) Every person appointed as an animal control officer prior to
July 1, 2015, shall complete a course in the exercise of the powers
of arrest and to serve warrants pursuant to Section 832 no later than
July 1, 2016. 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.  
   (c) Every person appointed as an animal control officer on or
after July 1, 2015, shall complete a course in the exercise of the
powers of arrest and to serve warrants pursuant to Section 832 within
one year of his or her appointment. 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 officers whose
employing agency prohibits the use of firearms.  
   (d) Every animal control officer described in this section, prior
to the exercise of the powers of arrest and to serve warrants, shall
have satisfactorily completed the course of training described in
Section 832.  
   (e) Every person appointed as a director, manager, supervisor, or
any person in control of an animal control agency on or after July 1,
2015, shall complete a course in the exercise of the powers of
arrest and to serve warrants pursuant to Section 832 within one year
of his or her appointment.  
   (f) (1) During each three-year period following the date of
appointment as an animal control officer, every animal control
officer shall satisfactorily complete at least 40 hours of continuing
education and training relating to the powers and duties of an
animal control officer, which education and training shall be
sponsored or provided by an accredited postsecondary institution, the
Commission on Peace Officer Standards and Training, a law
enforcement agency, the National Animal Control Association, the
California Animal Control Directors Association, or the State Humane
Association of California.  
   (2) The minimum hours and required topics of continuing education
and training shall be determined by the California Animal Control
Directors Association.  
   (3) Records of training shall be maintained by the animal control
officer's employing agency.  
   (4) The failure to satisfactorily complete the continuing
education and training requirements under this subdivision within 90
days after the expiration of each three-year period shall result in
the immediate suspension of the authority granted under subdivision
(a).  
   (g) Nothing in this section shall be construed to supersede any
existing training requirements, including, but not limited to, the
training requirements set forth in subdivision (g) of Section 22295.
 
   For 
    (   h)     For  the purposes
of this section, "firearms" includes capture guns, blowguns, carbon
dioxide operated rifles and pistols, air guns, handguns, rifles, and
shotguns.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.