SF4440

Purpose

This bill aims to clarify which powers are exclusively held by peace officers (including part-time peace officers) and to address the unauthorized practice of law enforcement duties by non-officers. It seeks to limit who can perform certain law enforcement actions and to set penalties for pretending to be a peace officer or for allowing someone to do so.

Main Provisions

• Powers exclusive to peace officers (626.862, as amended)

  • Only a peace officer or part-time peace officer may, unless a statute says otherwise:
  • issue a citation in lieu of arrest or continued detention
  • ask a person to sign a written promise to appear in court
  • take a person into custody
  • draft or present a search warrant to a court
  • draft or present an arrest warrant to a court
  • draft a summary of a criminal investigation or present it to a prosecutor to help decide whether to prosecute
  • be assigned or take primary responsibility to investigate criminal activity
  • interview a person suspected of criminal conduct
  • conduct a lineup (in person or using photo/video)
  • operate a law enforcement emergency vehicle with lights/sirens on (except for testing or as allowed by law)
  • wear the uniform or badge of a peace officer, or a replica that would lead a reasonable person to believe the wearer is a peace officer
  • take any action that, under the employing agency’s policies, is to be performed exclusively by a peace officer

• Unauthorized practice of law enforcement duties (626.863)

  • A person who is not a peace officer or part-time peace officer commits a misdemeanor if they:
  • represent themselves as a peace officer or part-time peace officer, or
  • perform or attempt to perform an act, duty, or responsibility reserved for licensed peace officers
  • A peace officer who authorizes or knowingly allows someone to violate this section commits a misdemeanor
  • The board must investigate violations or appoint an appropriate law enforcement agency (not the agency under investigation) to investigate
  • The attorney general prosecutes violations of this section
  • A person who violates this section and has a previous conviction for a violation under this section faces a gross misdemeanor

• Administration and penalties

  • Enforcement involves the board and the attorney general
  • Penalties range from misdemeanor to gross misdemeanor for repeat offenses

Significant Changes and Impact

• Clarifies which activities are reserved for licensed peace officers (and part-time peace officers) and removes ambiguity about who may perform key law enforcement tasks.
• Adds a clear prohibition on non-officers representing themselves as peace officers or performing duties reserved for officers, with formal penalties.
• Shifts investigation and prosecution roles to the appropriate bodies (board and attorney general) and introduces accountability for agencies and individuals that allow unauthorized practice.
• Introduces or reinforces penalties for impersonation or unauthorized performance of law enforcement duties, including harsher penalties for repeat violations.

Summary of Notable Terms in the Text

• peace officer
• parttime peace officer
• unauthorized practice
• representation of being a peace officer
• act, duty, or responsibility reserved for licensed peace officers
• misdemeanor
• gross misdemeanor
• board
• attorney general
• investigation
• primary responsibility to investigate
• search warrant
• arrest warrant
• summary of a criminal investigation
• lineup
• emergency vehicle
• emergency lights
• sirens
• uniform
• badge
• replica
• conduct exclusive to a peace officer
• citation in lieu of arrest
• written promise to appear
• detention

Relevant Terms peace officer parttime peace officer unauthorized practice misdemeanor gross misdemeanor board attorney general investigation search warrant arrest warrant summary of a criminal investigation lineup emergency vehicle emergency lights sirens uniform badge replica citation written promise to appear detention act, duty, or responsibility reserved for licensed peace officers