SB 1105

Existing law defines those persons who are peace officers in the state, grants certain authority to those individuals and their employing entities, and places certain requirements on those individuals and their employing entities. Under existing law, federal criminal investigators and law enforcement officers are not California peace officers but are granted specified limited arrest authority in limited circumstances including when violations of state and local laws occur in their presence, when there is an immediate danger to persons or property, when detaining a person for evaluation or treatment who, due to a mental illness, is a danger to themselves or others, and when requested by a California law enforcement agency to be involved in a joint task force or criminal investigation. Existing law additionally grants peace officer status to federal employees who comply with certain training requirements, while they are engaged in enforcing state or local law on and adjacent to property owned or possessed by the United States Government, with the written consent of local law enforcement officials, as specified. This bill would remove this arrest authority or peace officer status for federal criminal investigators, law enforcement officers, and federal employees. The bill would also prohibit a California law enforcement agency, as defined, from participating in a joint law enforcement task force or interagency agreement, if, among other things, their assistance includes racial or identity profiling, as specified. The bill would require a California law enforcement agency, if it enters into an interagency agreement, to comply with certain provisions, including seeking authorization from the Attorney General. The bill would require the Attorney General, if an agreement does not comply with specified provisions, to amend or terminate it. By increasing the duties on local law enforcement, this bill would impose a state-mandated local program. This bill would make these provisions severable. 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 the statutory provisions noted above. This bill would make related findings and declarations.