BILL ANALYSIS SB 5 Page 1 Date of Hearing: June 16, 2009 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Juan Arambula, Chair SB 5 (Maldonado) - As Amended: April 28, 2009 SUMMARY : Requires the Commission on Peace Officers Standards and Training (CPOST), if requested, to conduct a feasibility study regarding designating as peace officers members of a fire department bomb squad unit certified by the Federal Bureau of Investigation as bomb technicians, and authorizes CPOST to seek reimbursement for the reasonable costs of the study from the requesting agency. EXISTING LAW : 1)Provides that any person or persons desiring peace officer status, as defined, who, on January 1, 1990, were not entitled to be designated as peace officers shall request CPOST to undertake a feasibility study regarding designating that person or persons as peace officer. The request and study shall be undertaken in accordance with regulations adopted by CPOST. CPOST may charge any person requesting a study, a fee, not to exceed the actual cost of undertaking the study. [Penal Code Section 13540(a).] 2)States that any person or persons designated as peace officers, as defined, and who desire a change in peace officer designation or status, shall request CPOST to undertake a study to assess the need for change in designation or status. The request and study shall be undertaken in accordance with regulations adopted by CPOST. CPOST may charge any person, agency, or organization requesting a study, a fee, not to exceed the actual cost of undertaking the study. [Penal Code Section 13540(b).] FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "Unlike their SB 5 Page 2 law enforcement counterparts, as well as fire department-based bomb squad technicians in other states, in California fire department-based bomb technicians are not classified as 'peace officers.' As a result, these technicians are often placed at a critical disadvantage when they are required to testify in court regarding an emergency incident they may have diffused and their credentials are questioned simply because of a lack of peace officer classification. "Also, unlike their law enforcement counterparts and fire department-based technicians in other states, California's fire department-based bomb squad technicians do not carry firearms because of the aforementioned classification oversight. This can pose a significant safety threat to squad members when they are called on to respond to a high-risk incident that may involve individual perpetrators who specifically are looking to do these public safety personnel harm. "This bill requests CPOST to conduct a feasibility study regarding the classification of fire department-based certified bomb technicians as peace officers under Penal Code Section 830.37." 2)Background : Under existing law, any person desiring peace officer status is required to request CPOST to conduct a feasibility study to determine if it is appropriate to designate the person as a peace officer. (Penal Code Section 13540.) This bill simply requires CPOST to conduct a feasibility study to determine if fire department-based certified bomb technicians should be designated as peace officers. This bill also authorizes CPOST to seek reimbursement for the cost of the study. REGISTERED SUPPORT / OPPOSITION : Support California Professional Firefighters Ontario Professional Firefighters Opposition None SB 5 Page 3 Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744