BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1385| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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. CONTINUED AB 1385 Page 2 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 AB 1385 Page 3 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. AB 1385 Page 4 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 **** END ****