BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1129|
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THIRD READING
Bill No: AB 1129
Author: Hagman (R), et al
Amended: 6/8/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/16/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg
NO VOTE RECORDED: Wright
ASSEMBLY FLOOR : 77-0, 5/21/09 - See last page for vote
SUBJECT : Retired peace officers: concealed weapons
permits
SOURCE : California State Sheriffs Association
DIGEST : This bill authorizes, and establishes 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.
ANALYSIS : Existing 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
CONTINUED
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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).)
Existing 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).)
Existing 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, would result in that officer's
arrest, suspension, or removal from the agency. (Penal
Code 12027 (a)(2) and 12027.1 (a)(2).)
Existing 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).)
Existing 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).)
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Existing 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).)
Existing 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
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).)
Existing 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).)
Existing 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).)
Existing 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
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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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/17/09)
California State Sheriffs' Association (source)
Alameda County Sheriff-Coroner
Amador County Sheriff
Contra Costa County Sheriff
Del Norte County Sheriff
El Dorado County Sheriff
Fresno County Sheriff
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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
ARGUMENTS IN SUPPORT : According to the author's office:
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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Fuentes, Nava, Saldana
RJG:nl 6/17/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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