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
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            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
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           Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744