BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 5
                                                                  Page  1


          SENATE THIRD READING
          SB 5 (Maldonado)
          As Amended  April 28, 2009
          Majority vote 

           SENATE VOTE  :36-0  
           
           PUBLIC SAFETY       7-0         APPROPRIATIONS      15-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Arambula, Hagman,         |Ayes:|De Leon, Nielsen,         |
          |     |Ammiano, Furutani,        |     |Ammiano,                  |
          |     |Gilmore, Hill, Ma         |     |Coto, Davis, Duvall,      |
          |     |                          |     |Fuentes, Hall, Harkey,    |
          |     |                          |     |Miller, John A. Perez,    |
          |     |                          |     |Skinner, Solorio, Audra   |
          |     |                          |     |Strickland, Torlakson     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the Commission on Peace Officers Standards  
          and Training (POST), 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 POST 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 POST 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 POST.  POST may charge any person  
            requesting a study, a fee, not to exceed the actual cost of  
            undertaking the study.

          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 POST to undertake a study  
            to assess the need for change in designation or status.  The  








                                                                  SB 5
                                                                  Page  2


            request and study shall be undertaken in accordance with  
            regulations adopted by POST.  POST may charge any person,  
            agency, or organization requesting a study, a fee, not to  
            exceed the actual cost of undertaking the study.  

           FISCAL EFFECT :   According to the Assembly Appropriation  
          Committee analysis, negligible costs incurred by POST would be  
          reimbursed by the agency requesting the feasibility study.  The  
          cost of such a feasibility study would be in the $50,000 range.

           COMMENTS  :   According to the author, "Unlike their 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 POST to conduct a feasibility study  
          regarding the classification of fire department-based certified  
          bomb technicians as peace officers under Penal Code Section  
          830.37."

          Please see the policy committee for a full discussion of this  
          bill.


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


                                                                FN: 0001751