Amended in Senate March 21, 2013

Senate BillNo. 303


Introduced by Senator Knight

February 15, 2013


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 25905begin insert, 25915, 25920, and 25925end insert of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 303, as amended, Knight. Peace officers: identification certificatesbegin insert: concealed weapon endorsementend insert.

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 isbegin delete unincorporatedend deletebegin insert dissolvedend insert, the agency that subsequently provides law enforcement services for that jurisdiction shall issue the identification certificate to that peace officerbegin insert, if prescribed conditions are met, and would make conforming changesend insert.

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:

P2    1

SECTION 1.  

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

3

25905.  

(a) begin insert(1)end insertbegin insertend insert Any peace officer described in Section 25900
4who has been honorably retired shall be issued an identification
5certificate by the law enforcement agency from which the officer
6has retired.begin delete Ifend delete

7begin insert(2)end insertbegin insertend insertbegin insertIfend insert the agency from which the officer has retired is no longer
8providing law enforcement services or the relevant governmental
9body isbegin delete unincorporatedend deletebegin insert dissolvedend insert, the agency that subsequently
10provides law enforcement services for that jurisdiction shall issue
11the identification certificate to that peace officer.begin insert This paragraph
12shall apply only if the following conditions are met:end insert

begin insert

13(A) The successor agency is in possession of the retired officer’s
14complete personnel records or can otherwise verify the retired
15officer’s honorably retired status.

end insert
begin insert

16(B) The retired officer is in compliance with all the requirements
17of the successor agency for the issuance of a retirement
18identification card and concealed weapon endorsement.

end insert

19(b) The issuing agency may charge a fee necessary to cover any
20reasonable expenses incurred by the agency in issuing certificates
21pursuant to Sections 25900, 25910, 25925, and this section.

22(c) Any officer, except an officer listed in Section 830.1 or
23830.2, subdivision (a) of Section 830.33, or subdivision (c) of
24Section 830.5 who retired prior to January 1, 1981, shall have an
25endorsement on the identification certificate stating that the issuing
26agency approves the officer’s carrying of a loaded firearm.

27(d) An honorably retired peace officer listed in Section 830.1
28or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of
29Section 830.5 who retired prior to January 1, 1981, shall not be
30required to obtain an endorsement from the issuing agency to carry
31a loaded firearm.

32begin insert

begin insertSEC. 2end insertbegin insert.end insert  

end insert

begin insertSection 25915 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

33

25915.  

Every five years, a retired peace officer, except an
34officer listed in Section 830.1 or 830.2, subdivision (a) of Section
35830.33, or subdivision (c) of Section 830.5 who retired prior to
36January 1, 1981, shall petition the issuing agencybegin insert, or a successor
37agency pursuant to paragraph (2) of subdivision (a) of Section
3825905,end insert
for renewal of the privilege to carry a loaded firearm.

P3    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 25920 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

2

25920.  

(a) The agency from which a peace officer is honorably
3retiredbegin insert, or a successor agency pursuant to paragraph (2) of
4subdivision (a) of Section 25905,end insert
may, upon initial retirement of
5the peace officer, or at any time subsequent thereto, deny or revoke
6for good cause the retired officer’s privilege to carry a loaded
7firearm.

8(b) A peace officer who is listed in Section 830.1 or 830.2,
9subdivision (a) of Section 830.33, or subdivision (c) of Section
10830.5 who is retired prior to January 1, 1981, shall have the
11privilege to carry a loaded firearm denied or revoked by having
12the agency from which the officer retiredbegin insert, or a successor agency
13pursuant to paragraph (2) of subdivision (a) of Section 25905,end insert

14 stamp on the officer’s identification certificate “No CCW
15privilege.”

16begin insert

begin insertSEC. end insertbegin insert4.end insert  

end insert

begin insertSection 25925 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

17

25925.  

(a) An honorably retired peace officer who is listed in
18subdivision (c) of Section 830.5 and authorized to carry a loaded
19firearm by this article shall meet the training requirements of
20Section 832 and shall qualify with the firearm at least annually.

21(b) The individual retired peace officer shall be responsible for
22maintaining eligibility to carry a loaded firearm.

23(c) The Department of Justice shall provide subsequent arrest
24notification pursuant to Section 11105.2 regarding honorably
25retired peace officers listed in subdivision (c) of Section 830.5 to
26the agency from which the officer has retiredbegin insert, or a successor
27 agency pursuant to paragraph (2) of subdivision (a) of Section
2825905end insert
.

29

begin deleteSEC. 2.end delete
30begin insertSEC. 5.end insert  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32a local agency or school district has the authority to levy service
33charges, fees, or assessments sufficient to pay for the program or
34level of service mandated by this act, within the meaning of Section
3517556 of the Government Code.



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