Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 685

Introduced by Assembly Member Achadjian

February 21, 2013

An act to begin insert add Section 26613 to the Penal Code, and to end insert amend Section 10334 of the Public Contract Code, relating to state goods.

LEGISLATIVE COUNSEL’S DIGEST

AB 685, as amended, Achadjian. State goods: peace officer’s is state-issued handgun: begin delete spouse. end delete begin insert Spouse or domestic partner. end insert

Existing law authorizes a peace officer who has been duly retired through a service retirement or a peace officer retiring from a job-incurred disability to be authorized by the person’s department head to purchase his or her state-issued handgun, as specified.

This bill would provide that the spouse begin insert or domestic partner end insert of a peace officer who has died in the line of duty may be authorized by his or her spouse’s begin insert or domestic partner’s end insert department head to purchase his or her state-issued handgun, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 26613 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

begin insert

begin insert 26613. end insert   

Section 26500 does not apply to the delivery of a firearm
by a law enforcement agency to a dealer in order for that dealer
to deliver the firearm to the spouse or domestic partner of a peace
officer who died in the line of duty if the sale of that firearm to the
spouse or domestic partner is made in accordance with subdivision
(d) of Section 10334 of the Public Contract Code.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 10334 of the Public Contract Code is amended
to read:

10334.  

(a) No state employee shall acquire any goods from
the state, unless the goods are offered to the general public in the
regular course of the state’s business on the same terms and
conditions as those applicable to the employee. “State employee,”
as used in this section, means any employee of the state included
within Section 82009 of the Government Code, and all officers
and employees included within Section 4 of Article VII of the
California Constitution, except those persons excluded from the
definition of “designated employee” under the last paragraph of
Section 82019 of the Government Code.

(b) Notwithstanding subdivision (a), any peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
2 of the Penal Code, employed by the State of California for a
period of more than 120 months who has been duly retired through
a service retirement or a peace officer retiring from a job-incurred
disability not related to a mental or emotional disorder and who
has been granted the legal right to carry a concealed firearm
pursuant to Article 2 (commencing with Section 25450) of Chapter
2 of Division 5 of Title 4 of Part 6 of the Penal Code may be
authorized by the person’s department head to purchase his or her
state-issued handgun. Disability retired peace officers need not
meet the 120-month employment requirement. The cost of the
handgun shall be the fair market value as listed in the annual Blue
Book of Gun Values or replacement cost, whichever is less, of the
handgun issued as determined by the appointing power, plus a
charge for the cost of handling. The retiring officer shall request
to purchase his or her handgun in writing to the department within
30 calendar days of his or her retirement date.

(c) Notwithstanding subdivision (a), any peace officer described
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
2 of the Penal Code employed by the State of California who is
authorized to carry firearms may purchase his or her state-issued
service firearm if the person’s department head directs the
department to change its state-issued service weapon system. The
cost of the service firearm shall be the fair market value as listed
in the annual Blue Book of Gun Values or replacement cost,
whichever is less, of the firearm issued as determined by the
department head, plus a charge for the cost of handling. The
requesting officer shall request to purchase his or her firearm in
writing to the department within 10 calendar days of receiving the
new state-issued weapon.

(d) Notwithstanding subdivision (a), the spouse begin insert or domestic
partner end insert of a peace officer as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code who was
employed by the State of California and who died in the line of
duty, may be authorized by his or her spouse’s begin insert or domestic
partner’s end insert department head to purchase his or her state-issued
handgun. The cost of the handgun shall be the fair market value
of the handgun as listed in the annual Blue Book of Gun Values
or replacement cost, whichever is less, as determined by the
appointing power, plus a charge for the cost of handling. The
spouse begin insert or domestic partner end insert shall request to purchase the handgun
in writing to the department within 30 calendar days of his or her
spouse’s begin insert or domestic partner’s end insert death. begin insert A sale of a firearm pursuant
to this subdivision shall be made pursuant to Chapter 5
(commencing with Section 28050) of Division 6 of Title 4 of Part
6 of the Penal Code, as required by Section 27545 of the Penal
Code. end insert