BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1385
          Author:   Miller (R)
          Amended:  9/2/09 in Senate
          Vote:     21

           
           SENATE TRANS. & HOUSING COMMITTEE  :  11-0, 6/16/09
          AYES:  Lowenthal, Huff, Ashburn, DeSaulnier, Harman,  
            Hollingsworth, Kehoe, Oropeza, Pavley, Simitian, Wolk
           
          SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 7/14/09
          AYES:  Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           ASSEMBLY FLOOR  :  79-0, 504/09 - See last page for vote


           SUBJECT  :    Authorized emergency vehicles:  blue warning  
          lights

           SOURCE  :     California State Firefighters Association


           DIGEST  :    This bill allows specified peace officers  
          associated with fire agencies to display blue lights on  
          their emergency vehicles.

           Senate Floor Amendments  of 9/2/09 limit the applicability  
          of the bill only to specified peace officers who are  
          members of an arson investigating unit of a fire department  
          or fire protection agency of a county, district, or the  
          state.

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           ANALYSIS  :    Existing law declares that red lights and  
          sirens on vehicles should be restricted to authorized  
          emergency vehicles that are engaged in police, fire, and  
          lifesaving services.  Further, it declares that other  
          vehicles that create a special hazard on the state's  
          highways should be equipped with flashing amber lights.

          Existing law, in addition, allows an authorized emergency  
          vehicle used by a peace officer, as defined, in the  
          performance of his/her duties to display a steady or  
          flashing blue warning light visible from the front, sides,  
          or rear of the vehicle.  The Vehicle Code defines peace  
          officer for this purpose to include:  

          1. Members of the Department of the California Highway  
             Patrol.

          2. County sheriffs, undersheriffs, sheriff deputies, and  
             reserve deputies.

          3. City police chiefs, officers, and reserve officers.

          4. Members of the police departments for the University of  
             California, the California State University, the  
             Hastings School of Law, the community colleges, school  
             districts, special services districts, transit  
             districts, airport authorities, and harbor and port  
             districts.

          5. Specified employees of the Department of Corrections and  
             Rehabilitation, the Department of Fish and Game, and the  
             Department of Forestry and Fire Protection.

          6. Department of Justice Security Guards, Treasurer's  
             Office messengers, Hastings School of Law security  
             officers, Senate and Assembly sergeants, state and local  
             park rangers, rail road police, and peace officer  
             members of the National Guard. 

          This bill expands the definition of peace officer for the  
          purposes of displaying steady or flashing blue warning  
          lights on his/her emergency vehicle to only those regularly  
          employed peace officer members of an arson-investigating  
          unit of a fire department or fire protection agency, whose  







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          primary duty is the detection and apprehension of persons  
          who have violated any fire law or committed insurance  
          fraud.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  9/3/09)

          California State Firefighters Association (source)
          California Conference of Arson Investigators


           ARGUMENTS IN SUPPORT  :    The California State Firefighters  
          Association, the sponsor of this bill notes, that many fire  
          departments in California that serve large populations  
          maintain their own law enforcement personnel who are peace  
          officers and who investigate crimes related to arson,  
          terrorism, illegal fireworks, and destructive devices.   
          This bill grants these peace officers the use of blue  
          warning lights on their emergency vehicles, which  
          identifies them fully as law enforcement officers.  The  
          sponsor asserts that when another law enforcement agency  
          sees the blue lights during a vehicle stop or  
          investigation, they recognize the officers as law  
          enforcement, are more likely to provide back up, and will  
          be aware of the potential for the use of deadly force  
          during the course of that stop or investigation.  The  
          sponsor notes that amber and red lights are associated with  
          non-law enforcement agencies, including fire, emergency and  
          medical service, and towing services, and therefore do not  
          connote the same meaning.

           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, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Jeffries, Jones, Knight,  
            Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,  
            Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.  







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            Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, Bass
          NO VOTE RECORDED:  Huffman


          JJA:do  9/3/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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