Senate BillNo. 303


Introduced by Senator Knight

February 15, 2013


An act to amend Section 25905 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 303, as introduced, Knight. Peace officers: identification certificates.

Existing law requires that any peace officer who has been honorably retired be issued an identification certificate by the law enforcement agency from which the officer has retired.

This bill would require that if the agency from which the officer has retired is no longer providing law enforcement services or the relevant governmental body is unincorporated, the agency that subsequently provides law enforcement services for that jurisdiction shall issue the identification certificate to that peace officer.

By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

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SECTION 1.  

Section 25905 of the Penal Code is amended to
2read:

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25905.  

(a) Any peace officer described in Section 25900 who
4has been honorably retired shall be issued an identification
5certificate by the law enforcement agency from which the officer
6has retired.begin insert If the agency from which the officer has retired is no
7longer providing law enforcement services or the relevant
8governmental body is unincorporated, the agency that subsequently
9provides law enforcement services for that jurisdiction shall issue
10the identification certificate to that peace officer.end insert

11(b) The issuing agency may charge a fee necessary to cover any
12reasonable expenses incurred by the agency in issuing certificates
13pursuant to Sections 25900, 25910, 25925, and this section.

14(c) Any officer, except an officer listed in Section 830.1 or
15830.2, subdivision (a) of Section 830.33, or subdivision (c) of
16Section 830.5 who retired prior to January 1, 1981, shall have an
17endorsement on the identification certificate stating that the issuing
18agency approves the officer’s carrying of a loaded firearm.

19(d) An honorably retired peace officer listed in Section 830.1
20or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of
21Section 830.5 who retired prior to January 1, 1981, shall not be
22required to obtain an endorsement from the issuing agency to carry
23a loaded firearm.

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SEC. 2.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26a local agency or school district has the authority to levy service
27charges, fees, or assessments sufficient to pay for the program or
28level of service mandated by this act, within the meaning of Section
2917556 of the Government Code.



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