Law enforcement: public health orders.

Existing law requires all sheriffs to execute all lawful orders of a department in their counties. Existing law authorizes each sheriff to enforce all orders of the State Department of Public Health or of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Existing law authorizes each peace officer of every political subdivision of the county to enforce within the area subject to their jurisdiction all orders of the State Department of Public Health or of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This bill would instead require those sheriffs and peace officers to enforce those orders. By expanding the duties of local law enforcement, this bill would create a state-mandated local program. The bill would additionally prohibit state funds allocated for the purpose of pandemic response from being provided to any law enforcement agency that publicly announces that they will not follow, or adopts a policy stating that they will not follow, a public health order. The bill would, if funds are withheld, require those funds to instead be reallocated to the county public health department of the county in which the law enforcement agency operates for public health purposes. 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.