Amended in Assembly April 2, 2013

Amended in Assembly March 20, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 703

Introduced by Assembly Member Hall

February 21, 2013

An act to amend begin delete Section 11346.3 of the Government Code, relating to regulations end delete begin insert Sections 538d, 16690, 25450, 25900, and 26300 of the Penal Code, relating to peace officers end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 703, as amended, Hall. begin delete Administrative Procedure Act: adverse economic impact assessment. end delete begin insert Peace officers: firearms. end insert

begin insert

(1) Existing law authorizes the head of an agency employing certain categories of peace officers to issue identification in the form of a badge, insignia, emblem, device, label, certificate, card, or writing that clearly states that the person has honorably retired following service as a peace officer from that agency. Existing law also permits these agencies to revoke this identification in the event of misuse or abuse.

end insert begin insert

This bill would expand this authorization to any agency listed in certain provisions of law, including the Department of Corrections and Rehabilitation.

end insert begin insert

(2) Existing law defines “honorably retired” for purposes of certain provisions of law involving the carrying of concealed weapons as a peace officer who has qualified for, and has accepted, a service or disability retirement.

end insert begin insert

This bill would instead define “honorably retired” for these purposes as a peace officer who has met his or her department’s years of service requirement, or has accepted a separation of service or disability retirement.

end insert begin insert

(3) Existing law requires a peace officer who was authorized, and did, carry a firearm during the course and scope of employment as a peace officer to have an endorsement on their identification certificate stating that the issuing agency approves of the officer’s carrying of a concealed and loaded firearm.

end insert begin insert

This bill would make these provisions applicable to a retired reserve officer if the retired reserve officer satisfies the above requirement, was a level I and level II reserve officer, and served at least 15 years in the aggregate as a California reserve peace officer.

end insert begin insert

(4) Under existing law, the prohibitions on carrying a concealed weapon and on carrying a loaded firearm do not apply to honorably retired peace officers who were authorized to carry firearms during the course and scope of their employment as peace officers.

end insert begin insert

This bill would state that the above exemption applies to honorably retired peace officers who were authorized to carry firearms during the course and scope of their appointment as peace officers.

end insert begin delete

Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law requires an agency proposing to take specified regulatory actions relating to a regulation that is not a major regulation, as defined, or that is a major regulation proposed before November 1, 1993, to perform an economic impact assessment of that action on businesses and individuals, as specified.

end delete begin delete

This bill would require a state agency to include in its economic impact assessment whether and to what extent the regulatory action would affect the incentives for innovation in products, materials, or processes.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. 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 538d of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

538d.  

(a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the
belief that he or she is a peace officer, is guilty of a misdemeanor.

(b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the
belief that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one
year, by a fine not to exceed two thousand dollars ($2,000), or by
both that imprisonment and fine.

(2) Any person who willfully wears or uses any badge that
falsely purports to be authorized for the use of one who by law is
given the authority of a peace officer, or which so resembles the
authorized badge of a peace officer as would deceive any ordinary
reasonable person into believing that it is authorized for the use
of one who by law is given the authority of a peace officer, for the
purpose of fraudulently impersonating a peace officer, or of
fraudulently inducing the belief that he or she is a peace officer,
is guilty of a misdemeanor punishable by imprisonment in a county
jail not to exceed one year, by a fine not to exceed two thousand
dollars ($2,000), or by both that imprisonment and fine.

(c) Except as provided in subdivision (d), any person who
willfully wears, exhibits, or uses, or who willfully makes, sells,
loans, gives, or transfers to another, any badge, insignia, emblem,
device, or any label, certificate, card, or writing, which falsely
purports to be authorized for the use of one who by law is given
the authority of a peace officer, or which so resembles the
authorized badge, insignia, emblem, device, label, certificate, card,
or writing of a peace officer as would deceive an ordinary
reasonable person into believing that it is authorized for the use
of one who by law is given the authority of a peace officer, is guilty
of a misdemeanor, except that any person who makes or sells any
badge under the circumstances described in this subdivision is
subject to a fine not to exceed fifteen thousand dollars ($15,000).

(d) (1) The head of an agency begin delete that employs peace officers, as
defined in Sections 830.1 and 830.2 end delete begin insert listed in Sections 830.1 to
830.6, inclusive end insert , is authorized to issue identification in the form
of a badge, insignia, emblem, device, label, certificate, card, or
writing that clearly states that the person has honorably retired
following service as a peace officer from that agency. The
identification authorized pursuant to this subdivision is separate
and distinct from the identification authorized by Article 2
(commencing with Section 25450) of Chapter 2 of Division 5 of
Title 4 of Part 6.

(2) If the head of an agency issues a badge to an honorably
retired peace officer that is not affixed to a plaque or other
memento commemorating the retiree’s service for the agency, the
words “Honorably Retired” shall be clearly visible above,
underneath, or on the badge itself.

(3) The head of an agency begin delete that employs peace officers as defined
in Sections 830.1 and 830.2 end delete begin insert listed in Sections 830.1 to 830.6,
inclusive, end insert is authorized to revoke identification granted pursuant
to this subdivision in the event of misuse or abuse.

(4) For the purposes of this subdivision, the term “honorably
retired” does not include an officer who has agreed to a service
retirement in lieu of termination.

(e) (1) Vendors of law enforcement uniforms shall verify that
a person purchasing a uniform identifying a law enforcement
agency is an employee of the agency identified on the uniform.
Presentation and examination of a valid identification card with a
picture of the person purchasing the uniform and identification,
on the letterhead of the law enforcement agency, of the person
buying the uniform as an employee of the agency identified on the
uniform shall be sufficient verification.

(2) Any uniform vendor who sells a uniform identifying a law
enforcement agency, without verifying that the purchaser is an
employee of the agency, is guilty of a misdemeanor, punishable
by a fine of not more than one thousand dollars ($1,000).

(3) This subdivision shall not apply if the uniform is to be used
solely as a prop for a motion picture, television, video production,
or a theatrical event, and prior written permission has been obtained
from the identified law enforcement agency.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 16690 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

16690.  

As used in Sections 25650 and 26020, Article 2
(commencing with Section 25450) of Chapter 2 of Division 5 of
Title 4, and Article 3 (commencing with Section 25900) of Chapter
3 of Division 5 of Title 4, “honorably retired” includes any peace
officer who has begin delete qualified for, and has accepted, a end delete begin insert met his or her
department’s years of service requirement, or has accepted a
separation of end insert service or disability retirement. As used in those
provisions, “honorably retired” does not include an officer who
has agreed to a service retirement in lieu of termination.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 25450 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

25450.  

As provided in this article, Section 25400 does not
apply to, or affect, any of the following:

(a) Any peace officer, listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired.

(b) Any other duly appointed peace officer.

(c) Any honorably retired peace officer listed in subdivision (c)
of Section 830.5.

(d) Any other honorably retired peace officer who during the
course and scope of begin delete employment end delete begin insert his or her appointment end insert as a peace
officer was authorized to, and did, carry a firearm.

(e) Any full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California.

(f) Any person summoned by any of these officers to assist in
making arrests or preserving the peace while the person is actually
engaged in assisting that officer.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 25900 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

25900.  

As provided in this article, Section 25850 does not
apply to any of the following:

(a) Any peace officer, listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired.

(b) Any other duly appointed peace officer.

(c) Any honorably retired peace officer listed in subdivision (c)
of Section 830.5.

(d) Any other honorably retired peace officer who during the
course and scope of begin delete employment end delete begin insert his or her appointment end insert as a peace
officer was authorized to, and did, carry a firearm.

(e) Any full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California.

(f) Any person summoned by any of these officers to assist in
making arrests or preserving the peace while the person is actually
engaged in assisting that officer.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 26300 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

26300.  

(a) Any peace officer listed in Section 830.1 or 830.2
or subdivision (c) of Section 830.5 who retired prior to January 1,
1981, is authorized to carry a concealed and loaded firearm if the
agency issued the officer an identification certificate and the
certificate has not been stamped as specified in Section 25470.

(b) Any peace officer employed by an agency and listed in
Section 830.1 or 830.2 or subdivision (c) of Section 830.5 who
retired after January 1, 1981, shall have an endorsement on the
officer’s identification certificate stating that the issuing agency
approves the officer’s carrying of a concealed and loaded firearm.

(c)  begin insert (1) end insert begin insert   end insert Any peace officer not listed in subdivision (a) or (b)
who was authorized to, and did, carry a firearm during the course
and scope of begin delete employment end delete begin insert his or her appointment end insert as a peace officer
shall have an endorsement on the officer’s identification certificate
stating that the issuing agency approves the officer’s carrying of
a concealed and loaded firearm.

begin insert

(2) This subdivision applies to a retired reserve officer if the
retired reserve officer satisfies the requirements of paragraph (1),
was a level I or level II reserve officer as described in paragraph
(1) or (2) of subdivision (a) of Section 832.6, and he or she served
at least 15 years in the aggregate as a California reserve peace
officer.

end insert

begin delete

SECTION 1.  

Section 11346.3 of the Government Code is
amended to read:

11346.3.  

(a) State agencies proposing to adopt, amend, or
repeal any administrative regulation shall assess the potential for
adverse economic impact on California business enterprises and
individuals, avoiding the imposition of unnecessary or unreasonable
regulations or reporting, recordkeeping, or compliance
requirements. For purposes of this subdivision, assessing the
potential for adverse economic impact shall require agencies, when
proposing to adopt, amend, or repeal a regulation, to adhere to the
following requirements, to the extent that these requirements do
not conflict with other state or federal laws:

(1) The proposed adoption, amendment, or repeal of a regulation
shall be based on adequate information concerning the need for,
and consequences of, proposed governmental action.

(2) The state agency, prior to submitting a proposal to adopt,
amend, or repeal a regulation to the office, shall consider the
proposal’s impact on business, with consideration of industries
affected including the ability of California businesses to compete
with businesses in other states. For purposes of evaluating the
impact on the ability of California businesses to compete with
businesses in other states, an agency shall consider, but not be
limited to, information supplied by interested parties.

(3) An economic assessment prepared pursuant to this
subdivision for a proposed regulation that is not a major regulation
or that is a major regulation proposed prior to November 1, 2013,
shall be prepared in accordance with subdivision (b). An economic
assessment prepared pursuant to this subdivision for a major
regulation proposed on or after November 1, 2013, shall be
prepared in accordance with subdivision (c), and shall be included
in the initial statement of reasons as required by Section 11346.2.

(b) (1) All state agencies proposing to adopt, amend, or repeal
a regulation that is not a major regulation or that is a major
regulation proposed prior to November 1, 2013, shall prepare an
economic impact assessment that assesses whether and to what
extent it will affect the following:

(A) The creation or elimination of jobs within the state.

(B) The creation of new businesses or the elimination of existing
businesses within the state.

(C) The expansion of businesses currently doing business within
the state.

(D) The benefits of the regulation to the health and welfare of
California residents, worker safety, and the state’s environment.

(E) The incentives for innovation in products, materials, or
processes.

(2) This subdivision does not apply to the University of
California, the Hastings College of the Law, or the Fair Political
Practices Commission.

(3) Information required from state agencies for the purpose of
completing the assessment may come from existing state
publications.

(c) (1) Each state agency proposing to adopt, amend, or repeal
a major regulation on or after November 1, 2013, shall prepare a
standardized regulatory impact analysis in the manner prescribed
by the Department of Finance pursuant to Section 11346.36. The
standardized regulatory impact analysis shall address all of the
following:

(A) The creation or elimination of jobs within the state.

(B) The creation of new businesses or the elimination of existing
businesses within the state.

(C) The competitive advantages or disadvantages for businesses
currently doing business within the state.

(D) The increase or decrease of investment in the state.

(E) The incentives for innovation in products, materials, or
processes.

(F) The benefits of the regulations, including, but not limited
to, benefits to the health, safety, and welfare of California residents,
worker safety, and the state’s environment and quality of life,
among any other benefits identified by the agency.

(2) This subdivision shall not apply to the University of
California, the Hastings College of the Law, or the Fair Political
Practices Commission.

(3) Information required from state agencies for the purpose of
completing the analysis may be derived from existing state, federal,
or academic publications.

(d) Any administrative regulation adopted on or after January
1, 1993, that requires a report shall not apply to businesses, unless
the state agency adopting the regulation makes a finding that it is
necessary for the health, safety, or welfare of the people of the
state that the regulation apply to businesses.

(e) Analyses conducted pursuant to this section are intended to
provide agencies and the public with tools to determine whether
the regulatory proposal is an efficient and effective means of
implementing the policy decisions enacted in statute or by other
provisions of law in the least burdensome manner. Regulatory
impact analyses shall inform the agencies and the public of the
economic consequences of regulatory choices, not reassess
statutory policy. The baseline for the regulatory analysis shall be
the most cost-effective set of regulatory measures that are equally
effective in achieving the purpose of the regulation in a manner
that ensures full compliance with the authorizing statute or other
law being implemented or made specific by the proposed
regulation.

(f) Each state agency proposing to adopt, amend, or repeal a
major regulation on or after November 1, 2013, and that has
prepared a standardized regulatory impact analysis pursuant to
subdivision (c), shall submit that analysis to the Department of
Finance upon completion. The department shall comment, within
30 days of receiving that analysis, on the extent to which the
analysis adheres to the regulations adopted pursuant to Section
11346.36. Upon receiving the comments from the department, the
agency may update its analysis to reflect any comments received
from the department and shall summarize the comments and the
response of the agency along with a statement of the results of the
updated analysis for the statement required by paragraph (10) of
subdivision (a) of Section 11346.5.

end delete