BILL ANALYSIS
AB 1129
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1129 (Hagman)
As Amended June 8, 2009
Majority vote
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|ASSEMBLY: |77-0 |(May 21, 2009) |SENATE: |40-0 |(June 24, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Creates a procedure for the temporary revocation of
an identification certificate or an endorsement on the
certificate authorizing a retired peace officer to carry a
concealed and loaded firearm for conduct that compromises public
safety.
The Senate amendments requires that a hearing concerning the
revocation of the identification certificate shall be held no
later than 120 days after the request by the retired officer is
received.
EXISTING LAW :
1)Allows any peace officer, whether active or honorably retired,
other duly appointed peace officers, honorably retired peace
officers, other honorably retired peace officers who during
the course and scope of their employment as peace officers
were authorized to, and did, carry firearms, 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 peace officer described in this paragraph who
has been honorably retired shall be issued an identification
certificate by the law enforcement agency from which the
officer has retired. The issuing agency may charge a fee
necessary to cover any reasonable expenses incurred by the
agency in issuing certificates pursuant to this subdivision.
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
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termination.
2)Allows any peace officer employed by an agency 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.
3)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.
4)Permits a retired peace officer to have his or her privilege
to carry a concealed and loaded firearm revoked or denied by
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.
5)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.
6)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 was listed under specified sections
of existing law, the issuing agency shall stamp on the
identification certificate "No CCW privilege."
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that an identification certificate authorizing the
officer to carry a concealed and loaded firearm or an
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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. The retiree may waive his or her right to a hearing
and immediately return the identification to the issuing
agency.
2)Stated that an identification certificate authorizing an
officer to carry a concealed and loaded firearm or an
endorsement may be permanently revoked or denied by the
issuing agency upon a showing of good cause.
3)Allowed any retired peace officer whose identification
certificate authorizing the officer to carry a concealed and
loaded firearm or an endorsement is to be revoked to 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.
From the date the retiree signs for the notice 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 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. The retiree may waive his
or her right to a hearing and immediately return the
identification certificate to the issuing agency.
AB 1129
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FISCAL EFFECT : None
COMMENTS : 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 when it comes to
fire arms [sic] can lead to costly litigation or continued
danger to the public."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0001487