BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
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AB 1129 (Hagman) 9
As Amended June 8, 2009
Hearing date: June 16, 2009
Penal Code
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RETIRED PEACE OFFICERS: CONCEALED WEAPONS PERMITS
HISTORY
Source: California State Sheriffs' Association
Prior Legislation: AB 141 (Murray) - Ch. 428, Stats. 1993
Support: Alameda County Sheriff-Coroner; Amador County Sheriff;
Contra Costa County Sheriff; Del Norte County Sheriff;
El Dorado County Sheriff; Fresno County Sheriff; Legal
Community Against Violence; Mariposa County Sheriff;
San Bernardino County Sheriff-Coroner; Santa Barbara
County Sheriff-Coroner; Shasta County Sheriff-Coroner;
Tuolumne County Undersheriff; Ventura County Sheriff.
Opposition:None
Assembly Floor Vote: Ayes 77 - Noes 0
KEY ISSUE
SHOULD AN ISSUING LAW ENFORCEMENT AGENCY BE AUTHORIZED TO
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IMMEDIATELY AND TEMPORARILY REVOKE A RETIRED PEACE OFFICER'S
CERTIFICATE TO CARRY A CONCEALED WEAPON, PENDING A HEARING ON
PERMANENT REVOCATION?
PURPOSE
The purpose of this bill is to authorize, and establish a
procedure for, a law enforcement agency that has issued a permit
to carry a concealed firearm to a retired peace officer to
temporarily revoke that permit when the officer's conduct
compromises public safety.
Current law allows any peace officer, whether active or
honorably retired, as specified, full-time paid peace officers
of other states and the federal government who are carrying out
official duties while in California, or any person summoned by
any of these officers to assist in making arrests or preserving
the peace while he or she is actually engaged in assisting that
officer to carry a concealed firearm. Any specified peace
officer who has been honorably retired shall be issued an
identification certificate by the law enforcement agency from
which the officer has retired. The term "honorably retired"
includes all peace officers who have qualified for, and have
accepted, a service or disability retirement. The term
"honorably retired" does not include an officer who has agreed
to a service retirement in lieu of termination. (Penal Code
12027 (a)(1)(A).)
Current law allows specified peace officers who retired after
January 1, 1981 to have an endorsement on the identification
certificate stating that the issuing agency approves the
officer's carrying of a concealed and loaded firearm. (Penal
Code 12027.1 (a)(1)(A)(i).)
Current law permits the agency from which the officer retired to
revoke or deny his or her privilege to carry a concealed and
loaded firearm for violating any departmental rule, or state or
federal law that, if violated by an officer on active duty,
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would result in that officer's arrest, suspension, or removal
from the agency. (Penal Code 12027 (a)(2) and 12027.1
(a)(2).)
Current law provides that an identification certificate
authorizing the retired officer to carry a concealed and loaded
firearm or an endorsement on the certificate may be revoked or
denied by the issuing agency only upon a showing of good cause.
Good cause shall be determined at a hearing. (Penal Code
12027.1 (a)(1)(B).)
Current law provides that any retired peace officer whose
identification certificate authorizing the officer to carry a
concealed and loaded firearm or an endorsement is to be revoked
shall have 15 days to respond to the notice of the hearing.
Notice of the hearing shall be served either personally on the
retiree or sent by first-class mail, postage prepaid, return
receipt requested to the retiree's last known place of
residence. Upon the date the agency receives the signed
registered receipt or upon the date the notice is served
personally on the retiree, the retiree shall have 15 days to
respond to the notification. A retired peace officer who fails
to respond to the notice of the hearing shall forfeit his or her
right to respond. (Penal Code 12027.1 (b)(2).)
Current law permits the issuance of an identification
certificate authorizing the officer to carry a concealed and
loaded firearm or an endorsement to be denied prior to a
hearing. If a hearing is not conducted prior to the denial of
an endorsement, a retired peace officer, within 15 days of the
denial, shall have the right to request a hearing. A retired
peace officer who fails to request a hearing pursuant to this
paragraph shall forfeit his or her right to the hearing.
(Penal Code 12027.1 (b)(3).)
Current law provides that when a retired peace officer is
notified of the revocation of his or her privilege to carry a
concealed and loaded firearm, after the hearing, or upon
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forfeiting his or her right to a hearing, shall immediately
surrender to the issuing agency his or her identification
certificate. The issuing agency shall reissue a new
identification certificate without an endorsement. However, if
the peace officer retired prior to January 1, 1981 and was at
the time of his or her retirement a peace officer listed under
specified sections of existing law, the issuing agency shall
stamp on the identification certificate "No CCW privilege."
(Penal Code 12027.1 (c).)
Current law requires hearings conducted under this section to be
held before a three-member hearing board. One member of the
board shall be selected by the agency and one member shall be
selected by the retired peace officer or his or her employee
organization. The third member shall be selected jointly by the
agency and the retired peace officer or his or her employee
organization. Any decision by the board shall be binding on the
agency and the retired peace officer. (Penal Code 12027.1
(d).)
Current law prohibits peace officers who retired after January
1, 1989 because of a psychological disability to be issued an
endorsement to carry a concealed and loaded firearm pursuant to
this section. (Penal Code 12027.1 (e).)
Current law provides that a retired peace officer, except
specified officers who retired prior to January 1, 1981, shall
petition the issuing agency for renewal of his or her privilege
to carry a loaded firearm every five years. (Penal Code 12031
(b)(2).)
This bill amends the provisions above to state that the
officer's right to carry a concealed firearm may be permanently
revoked only after a hearing and upon a finding of good cause.
This bill provides that an identification certificate
authorizing the officer to carry a concealed and loaded firearm
or an endorsement on the certificate may be immediately and
temporarily revoked by the issuing agency when the conduct of a
retired peace officer compromises public safety. Notice of this
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temporary revocation shall be effective upon personal service or
upon receipt of the notice that was sent by first class mail,
postage prepaid, return receipt requested, to the retiree's last
known place of residence. The retiree shall have 15 days to
respond to the notification and request a hearing to determine
if the temporary revocation should become permanent. A retired
peace officer who fails to respond to the notice of hearing
within the 15-day period shall forfeit his or her right to a
hearing and the authority of the officer to carry a firearm
shall be permanently revoked. The retired officer shall
immediately return the identification certificate to the issuing
agency. If a hearing is requested, good cause for permanent
revocation shall be determined at the hearing, as specified, and
that hearing must be held within 120 days of the agency
receiving the request. The retiree may waive his or her right
to a hearing and immediately return the identification to the
issuing agency.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
California continues to face a severe prison overcrowding
crisis. The Department of Corrections and Rehabilitation (CDCR)
currently has about 170,000 inmates under its jurisdiction. Due
to a lack of traditional housing space available, the department
houses roughly 15,000 inmates in gyms and dayrooms.
California's prison population has increased by 125% (an average
of 4% annually) over the past 20 years, growing from 76,000
inmates to 171,000 inmates, far outpacing the state's population
growth rate for the age cohort with the highest risk of
incarceration.<1>
In December of 2006 plaintiffs in two federal lawsuits against
CDCR sought a court-ordered limit on the prison population
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<1> "Between 1987 and 2007, California's population of ages 15
through 44 - the age cohort with the highest risk for
incarceration - grew by an average of less than 1% annually,
which is a pace much slower than the growth in prison
admissions." (2009-2010 Budget Analysis Series, Judicial and
Criminal Justice, Legislative Analyst's Office (January 30,
2009).)
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pursuant to the federal Prison Litigation Reform Act. On
February 9, 2009, the three-judge federal court panel issued a
tentative ruling that included the following conclusions with
respect to overcrowding:
No party contests that California's prisons are
overcrowded, however measured, and whether considered
in comparison to prisons in other states or jails
within this state. There are simply too many
prisoners for the existing capacity. The Governor,
the principal defendant, declared a state of emergency
in 2006 because of the "severe overcrowding" in
California's prisons, which has caused "substantial
risk to the health and safety of the men and women who
work inside these prisons and the inmates housed in
them." . . . A state appellate court upheld the
Governor's proclamation, holding that the evidence
supported the existence of conditions of "extreme
peril to the safety of persons and property."
(citation omitted) The Governor's declaration of the
state of emergency remains in effect to this day.
. . . the evidence is compelling that there is no
relief other than a prisoner release order that will
remedy the unconstitutional prison conditions.
. . .
Although the evidence may be less than perfectly
clear, it appears to the Court that in order to
alleviate the constitutional violations California's
inmate population must be reduced to at most 120% to
145% of design capacity, with some institutions or
clinical programs at or below 100%. We caution the
parties, however, that these are not firm figures and
that the Court reserves the right - until its final
ruling - to determine that a higher or lower figure is
appropriate in general or in particular types of
facilities.
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. . .
Under the PLRA, any prisoner release order that we
issue will be narrowly drawn, extend no further than
necessary to correct the violation of constitutional
rights, and be the least intrusive means necessary to
correct the violation of those rights. For this
reason, it is our present intention to adopt an order
requiring the State to develop a plan to reduce the
prison population to 120% or 145% of the prison's
design capacity (or somewhere in between) within a
period of two or three years.<2>
The final outcome of the panel's tentative decision, as well as
any appeal that may be in response to the panel's final
decision, is unknown at the time of this writing.
This bill does not appear to aggravate the prison overcrowding
crisis outlined above.
COMMENTS
1. Need for This Bill
According to the author:
Though the incidents are infrequent, it is in the
best interest of everyone involved to have a clear
set of guidelines. The ambiguity in these
situations can lead to costly litigation or
continued danger to the public.
2. Revoking a Retired Peace Officer's CCW
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<2> Three Judge Court Tentative Ruling, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (Feb. 9, 2009).
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Current law allows specified peace officers who retired after
January 1, 1981 to have an endorsement on their identification
certificate (ID card) stating that the agency the officer
retired from approves the officer to carry a concealed and
loaded firearm. (Penal Code
12027.1 (a)(1)(A)(i).) The agency may revoke that
endorsement only upon a showing of good cause after notice and
a hearing. (Penal Code 12027.1 (a) and (b).) If the agency
subsequently discovers information indicating the retiree
should no longer be permitted to carry a concealed firearm,
that agency must mail the retiree notice of a hearing on the
proposed revocation and the retiree has 15 days to respond to
that notice and request a hearing. (Penal Code 12027.1
(b)(2).) Only after the hearing could the agency revoke the
retiree's permit to carry a concealed firearm. (Penal Code
12027.1 (b)(3).)
This bill provides that the identification certificate
permitting the retiree to carry a concealed and loaded firearm
or an endorsement on the certificate may be immediately and
temporarily revoked by the issuing agency when the conduct of a
retired peace officer compromises public safety. Notice of
this temporary revocation shall be effective upon personal
service or upon receipt of the notice that was sent by
first-class mail, postage prepaid, return receipt requested, to
the retiree's last known place of residence. The retiree shall
have 15 days to respond to the notification and request a
hearing to determine if the temporary revocation should become
permanent. A retired peace officer who fails to respond to the
notice of hearing within the 15-day period shall forfeit his or
her right to a hearing and the authority of the officer to
carry a firearm shall be permanently revoked. The retired
officer shall immediately return the identification certificate
to the issuing agency. If a hearing is requested, good cause
for permanent revocation shall be determined at the hearing, as
specified, and that hearing must be held within 120 days of the
agency receiving the request. The retiree may waive his or her
right to a hearing and immediately return the identification to
the issuing agency.
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While these situations may not arise very often, if a law
enforcement agency does learn of behavior by a retiree that
raises serious concerns, allowing that retiree to continue to
carry a loaded and concealed weapon while contesting the
proposed CCW revocation could pose a serious public safety
threat.
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A recent incident reported locally illustrates the type of
situation in which a law enforcement agency might choose to
utilize the procedures contained in this bill. In April
the Sacramento Bee reported that a 78-year-old retired
police chief was arrested for impersonating an officer
after he allegedly brandished a badge and gun at a
motorist, who he felt had cut him off in traffic:
A retired Placer County sheriff's deputy faces
charges in Sacramento County stemming from a
road-rage incident earlier this year in Citrus
Heights in which he is suspected of pulling a gun,
records show.
The Sacramento County district attorney has
charged Buddy Trumbo, 78, a retired Placer County
sheriff's deputy, with two misdemeanor counts -
brandishing a weapon and impersonating a police
officer, according to documents filed in
Sacramento County Superior Court.
Trumbo - who also formerly was the police chief in
Plymouth, a small town in Amador County - is
scheduled for arraignment Wednesday stemming from the
Feb. 6 incident.
Trumbo is accused of flashing a badge and pulling a
gun on James Torrez, 46, of Citrus Heights after
Torrez allegedly cut him off coming out of a parking
lot near the corner of Auburn Boulevard and Van Maren
Lane, according to a Citrus Heights Police Department
report.
Trumbo is accused of swerving his SUV in front of
Torrez at a nearby red light and holding a pistol at
him, all the while telling him he was under arrest
and trying to handcuff him, according to Torrez's
statement to police.
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"He was screaming at me to get on the ground and get
out of the car," Torrez said in an interview.
Trumbo disputed the motorist's version of events in a
phone interview. Trumbo said he did nothing wrong
and that he feared for his safety and the safety of
others. He claimed Torrez was acting too
erratically.
"If he was a normal person, I could have just talked
to him," said Trumbo. "He screamed and yelled and
cursed me."
Trumbo was cited and released following the incident.
Trumbo said he planned to enter a not guilty plea.
"I've carried a gun for 40 years and never had an
incident (until that day)," he said.
If convicted, Trumbo could face jail time, according
to court documents.
Torrez said he's upset that Trumbo is not charged
with a felony.
"I don't think (the charges) were a fair judgment on
what happened," Torrez said.
( Retired Police Chief Arrested for Pulling a Gun in Citrus Heights
Road Rage Incident , Sacramento Bee, April 5, 2009.
http://www.sacbee.com/static/weblogs/crime/archives/021286.html)
SHOULD THERE BE A MECHANISM FOR LAW ENFORCEMENT AGENCIES TO
IMMEDIATELY REVOKE A RETIRED OFFICER'S CCW CERTIFICATE, PENDING
A HEARING ON PERMANENT REVOCATION?
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