BILL NUMBER: SB 5	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009
	AMENDED IN SENATE  MARCH 16, 2009

INTRODUCED BY   Senator Maldonado

                        DECEMBER 1, 2008

   An act  to amend Section 830.37 of the Penal Code,
  relating to peace officers  , and making an
appropriation therefor  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 5, as amended, Maldonado. Peace officers: certified bomb
technicians.
   Existing law establishes which persons are included in the
definition of peace officers.  Existing law provides that
specified fire department, fire protection agency, and military
personnel are peace officers.   Existing law requires
that persons desiring peace officer status who were not entitled to
be designated as peace officers, as specified, shall request the
Commission on Peace Officer Standards and Training to undertake a
feasibility study regarding designating or those persons as peace
officers.  
   This bill would appropriate $30,000 from the General Fund to the
commission to conduct a feasibility study regarding designating as
peace officers members of a fire department bomb squad unit who are
certified by December 31, 2009, by the Federal Bureau of
Investigation as certified bomb technicians.  
   This bill would include within the definition of peace officers
fire department or fire protection agency bomb technicians certified
by the Federal Bureau of Investigation, as specified. By expanding
the number of local peace officers, this bill would expand the local
agency duty to provide certain citizens' complaint handling
procedures for allegations of peace officer misconduct, thereby
imposing a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The sum of thirty thousand dollars
($30,000) is hereby appropriated from the General Fund to the
Commission on Peace Officer Standards and Training to conduct, in
accordance with Section 13540 of the Penal Code, a feasibility study
regarding designating as peace officers, under Section 830.37 of the
Penal Code, members of a fire department bomb squad unit who are
certified, as of December 31, 2009, by the Federal Bureau of
Investigation as certified bomb technicians.  
  SECTION 1.    Section 830.37 of the Penal Code is
amended to read:
   830.37.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency:
   (a) Members of an arson-investigating unit, regularly paid and
employed in that capacity, of a fire department or fire protection
agency of a county, city, city and county, district, or the state, if
the primary duty of these peace officers is the detection and
apprehension of persons who have violated any fire law or committed
insurance fraud.
   (b) Members of a bomb squad unit who are certified by the Federal
Bureau of Investigation as certified bomb technicians, regularly paid
and employed in that capacity, of a fire department or fire
protection agency of a county, city, city and county, district, or
the state, if the primary duty of these peace officers is the
detection, render-safe, and investigation of explosives, and the
apprehension of persons who have violated any explosives law.
   (c) Members other than members of an arson-investigating unit, or
a bomb squad unit as described in subdivision (b), regularly paid and
employed in that capacity, of a fire department or fire protection
agency of a county, city, city and county, district, or the state, if
the primary duty of these peace officers, when acting in that
capacity, is the enforcement of laws relating to fire prevention or
fire suppression.
   (d) Voluntary fire wardens as are designated by the Director of
Forestry and Fire Protection pursuant to Section 4156 of the Public
Resources Code, provided that the primary duty of these peace
officers shall be the enforcement of the law as that duty is set
forth in Section 4156 of the Public Resources Code.
   (e) Firefighter/security guards by the Military Department, if the
primary duty of the peace officer is the enforcement of the law in
or about properties owned, operated, or administered by the employing
agency or when performing necessary duties with respect to patrons,
employees, and properties of the employing agency.  

  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.