California 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 certain arrest authority or peace officer status for federal criminal investigators, law enforcement officers, and federal employees, including for the purposes of executing a warrant for the arrest of a person. The bill would authorize deputized tribal law enforcement officers of the federal Bureau of Indian Affairs to exercise the powers of arrest, as specified, if, among other things, they are engaged in the enforcement of federal criminal law and they are exercising arrest powers that are incidental to the performance of those federal duties. The bill would also authorize certain federal employees of, among other agencies, the National Park Service and the Bureau of Land Management, if they are enforcing specified provisions of state law on property owned by the United States government, to exercise peace officer status with the written consent of the sheriff or the chief of police from the respective jurisdiction. The bill would also prohibit a California law enforcement agency, as defined, from entering into an interagency agreement, unless, among other things, the agreement is in writing and expressly provides that the agency shall not engage in racial or identity profiling, as specified. The bill would deem any interagency agreement in existence on January 1, 2027, valid, and would authorize that agreement to remain in effect until July 1, 2027. The bill would require, by no later than July 1, 2027, that the agreement be amended to include the provisions described above, including a prohibition on engaging in certain conduct, including racial or identity profiling. 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.