Law enforcement.

Plain English Breakdown

The official source material does not provide specific details about how federal law enforcement will handle situations without arrest authority or penalties for violating interagency agreements.

Changes to Law Enforcement Authority

The bill removes arrest authority and peace officer status for federal criminal investigators, law enforcement officers, and certain federal employees in California. It also restricts joint task forces and interagency agreements involving racial or identity profiling.

What This Bill Does

• Removes the ability of federal criminal investigators and law enforcement officers to make arrests under limited circumstances in California.
• Eliminates peace officer status for federal employees who enforce state or local laws on U.S. government property with local consent.
• Prohibits California law enforcement agencies from participating in joint task forces that involve racial or identity profiling.
• Requires California law enforcement agencies to seek authorization from the Attorney General before entering into interagency agreements and amending existing ones by July 1, 2027.

Who It Names or Affects

• Federal criminal investigators and law enforcement officers in California
• California law enforcement agencies

Terms To Know

Peace Officer Status

A designation that grants certain legal powers, such as the authority to make arrests.

Interagency Agreement

An agreement between different government agencies to work together on specific tasks or projects.

Limits and Unknowns

• The bill does not specify how federal law enforcement will handle situations where immediate danger is present without arrest authority.
• It remains unclear what the exact penalties are for violating the new restrictions on interagency agreements.

Official Summary Text

SB 1105, as amended, Pérez.
Law enforcement.
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
certain
arrest authority or peace officer status for federal criminal investigators, law enforcement officers, and federal
employees.
employees, including for the purposes of executing a warrant for the arrest of a person.
The bill would also prohibit a California law enforcement agency, as defined, from
participating in a joint law enforcement task force or
entering into an
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.
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 limitations 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.

Current Bill Text

Download Bill PDF