BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2013-2014 Regular Session B
3
0
3
SB 303 (Knight)
As Amended March 21, 2013
Hearing date: April 9, 2013
Penal Code
SM:mc
RETIRED PEACE OFFICER IDENTIFICATION CARDS
HISTORY
Source: Peace Officer Research Association of California
Prior Legislation: None
Support: Association for Los Angeles Deputy Sheriffs; California
Police Chiefs Association; Los Angeles Police
Protective League; Riverside Sheriffs Association
Opposition:None known
KEY ISSUES
IF THE AGENCY FROM WHICH AN HONORABLY RETIRED PEACE OFFICER HAS
RETIRED IS NO LONGER PROVIDING LAW ENFORCEMENT SERVICES OR THE
RELEVANT GOVERNMENTAL BODY IS DISSOLVED, SHOULD THE AGENCY THAT
SUBSEQUENTLY PROVIDES LAW ENFORCEMENT SERVICES FOR THAT JURISDICTION
ISSUE THE IDENTIFICATION CERTIFICATE TO THAT RETIRED OFFICER?
SHOULD CONFORMING CHANGES BE MADE TO LAW REGARDING ISSUANCE OF
IDENTIFICATION CARDS AND CONCEALED WEAPONS ENDORSEMENTS TO HONORABLY
RETIRED PEACE OFFICERS, AS SPECIFIED?
(More)
SB 303 (Knight)
Page 2
PURPOSE
The purpose of this bill is to provide that (1) if the agency
from which an honorably retired peace officer has retired is no
longer providing law enforcement services or the relevant
governmental body is dissolved, the agency that subsequently
provides law enforcement services for that jurisdiction shall
issue the identification certificate to that retired officer;
and (2) make conforming changes to law regarding issuance of
identification cards and concealed weapons endorsements to
honorably retired peace officers, as specified.
Current law provides that any peace officer, as defined, who has
been honorably retired shall be issued an identification
certificate by the law enforcement agency from which the officer
has retired:
The issuing agency may charge a fee necessary to cover
any reasonable expenses incurred by the agency in issuing
certificates pursuant to Sections 25900, 25910, 25925, and
this section.
Any officer, except specified officers who retired prior
to January 1, 1981, shall have an endorsement on the
identification certificate stating that the issuing agency
approves the officer's carrying of a loaded firearm.
Specified honorably retired peace officers who retired
prior to January 1, 1981, shall not be required to obtain
an endorsement from the issuing agency to carry a loaded
firearm. (Penal Code § 25905.)
Current law provides that every five years, a retired peace
officer, except specified officers who retired prior to January
1, 1981, shall petition the issuing agency for renewal of the
privilege to carry a loaded firearm. (Penal Code § 25915.)
(More)
SB 303 (Knight)
Page 3
Current law provides that the agency from which a peace officer
is honorably retired may, upon initial retirement of the peace
officer, or at any time subsequent thereto, deny or revoke for
good cause the retired officer's privilege to carry a loaded
firearm. (Penal Code § 25920.)
Current law provides that specified honorably retired peace
officers (including, e.g., parole and probation officers)
authorized to carry a loaded firearm by this article shall meet
specified training requirements and shall qualify with the
firearm at least annually. The individual retired peace officer
shall be responsible for maintaining eligibility to carry a
loaded firearm. The Department of Justice shall provide
subsequent arrest notification regarding these honorably retired
peace officers to the agency from which the officer has retired.
This bill would provide that, with respect to honorably retired
peace officers, if the agency from which the officer has retired
is no longer providing law enforcement services or the relevant
governmental body is dissolved, the agency that subsequently
provides law enforcement services for that jurisdiction shall
issue the identification certificate to that peace officer.
This paragraph shall apply only if the following conditions are
met:
The successor agency is in possession of the retired
officer's complete personnel records or can otherwise
verify the retired officer's honorably retired status.
The retired officer is in compliance with all the
requirements of the successor agency for the issuance of a
retirement identification card and concealed weapon
endorsement.
This bill would also make conforming changes in law regarding
issuance of identification cards and concealed weapons
endorsements to honorably retired peace officers, as specified.
(More)
SB 303 (Knight)
Page 4
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy known as "ROCA" (which
stands for "Receivership/ Overcrowding Crisis Aggravation"), the
Committee held measures which created a new felony, expanded the
scope or penalty of an existing felony, or otherwise increased
the application of a felony in a manner which could exacerbate
the prison overcrowding crisis. Under these principles, ROCA
was applied as a content-neutral, provisional measure necessary
to ensure that the Legislature did not erode progress towards
reducing prison overcrowding by passing legislation which would
increase the prison population. ROCA necessitated many hard and
difficult decisions for the Committee.
In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order to reduce the state's prison population to
137.5 percent of design capacity. The State submitted in part
that the, ". . . population in the State's 33 prisons has been
reduced by over 24,000 inmates since October 2011 when public
safety realignment went into effect, by more than 36,000 inmates
compared to the 2008 population . . . , and by nearly 42,000
inmates since 2006 . . . ." Plaintiffs, who oppose the state's
motion, argue in part that, "California prisons, which currently
average 150% of capacity, and reach as high as 185% of capacity
at one prison, continue to deliver health care that is
constitutionally deficient."
(More)
SB 303 (Knight)
Page 5
In an order dated January 29, 2013, the federal court granted
the state a six-month extension to achieve the 137.5 % prisoner
population cap by December 31st of this year.
The ongoing litigation indicates that prison capacity and
related issues concerning conditions of confinement remain
unsettled. However, in light of the real gains in reducing the
prison population that have been made, although even greater
reductions are required by the court, the Committee will review
each ROCA bill with more flexible consideration. The following
questions will inform this consideration:
whether a measure erodes realignment;
whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
whether a bill corrects a constitutional infirmity or
legislative drafting error; whether a measure proposes
penalties which are proportionate, and cannot be achieved
through any other reasonably appropriate remedy; and
whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
Over the last several years, local governments have
been faced with continually shrinking budgets. In an
effort to cut costs, city councils throughout
California are voting to dissolve their own city
police department and begin contracting with
neighboring cities' departments or a sheriff's office.
(More)
SB 303 (Knight)
Page 6
However, California does not have a procedure in place
to manage the issuance or renewal of identification
cards for retired police officers once the original
agency has been absorbed by another or disbanded. As
a result, retired officers from dismantled
departments, through no fault of their own, are placed
at a distinct disadvantage to their retiree peers.
In 2004, Congress passed HR 218, establishing the
right for peace officers to carry firearms in any
state with appropriate identification. California
Penal Code Section 25905 allows peace officers to
maintain their law enforcement identification card and
CCW endorsement after an honorable retirement. This
ID card is provided by the agency from which the
officer retired.
Every five years, a retired peace officer is required
to petition the issuing agency for renewal of the
privilege of carrying a loaded firearm. If, after
that five year period, the issuing agency is no longer
a functioning public safety entity, the honorably
retired officer no longer has an option to renew their
identification and CCW certificate through that
agency.
This measure ensures that peace officers who honorably
retired from an agency that no longer exists will
receive the same privileges that are available to all
other retired officers in California. Many small
towns are saving costs by disbanding their own police
departments and contracting out for public safety
services. This action is no reflection on the
integrity of the retired officer unfortunate enough to
find themselves in this position and unduly punishes
them for something beyond their control. SB 303 is
necessary to correct a problem that has recently
arisen due to the current economically-challenging
(More)
SB 303 (Knight)
Page 7
times for local government.
(More)
2. What This Bill Would Do
Current law provides that any peace officer who has honorably
retired shall be issued an identification certificate by the law
enforcement agency from which the officer has retired and that
they shall have an endorsement on the identification certificate
stating that the issuing agency approves the officer's carrying
of a loaded firearm. (Penal Code § 25905.) Current law
provides that every five years, a retired peace officer, except
specified officers who retired prior to January 1, 1981, shall
petition the issuing agency for renewal of the privilege to
carry a loaded firearm (Penal Code § 25915) and that the agency
from which a peace officer is honorably retired may, upon
initial retirement of the peace officer, or at any time
subsequent thereto, deny or revoke for good cause the retired
officer's privilege to carry a loaded firearm. (Penal Code
§ 25920.) But what if the employing agency no longer exists?
In July of 2000, the Compton City Council voted to disband the
Police Department and hire the Los Angeles County Sheriff's
Department to provide police services in the City of Compton.
From time to time, other local governments have dissolved their
local police department in a similar fashion and arranged for
police services to be provided by another entity. This bill
addresses the need for peace officers, formerly employed by the
now-dissolved agency, to obtain their identification cards as
retired peace officers and the need to have their concealed
firearms endorsement issued and regulated. This bill would
authorize the agency that subsequently provides law enforcement
services for that jurisdiction to issue the identification
certificate to that peace officer provided that (1) the
successor agency is in possession of the retired officer's
complete personnel records or can otherwise verify the retired
officer's honorably retired status; and (2) the retired officer
is in compliance with all the requirements of the successor
agency for the issuance of a retirement identification card and
concealed weapon endorsement.
The bill preserves the authority of any successor agency to
(More)
SB 303 (Knight)
Page 9
regulate the issuance of concealed weapons endorsements to the
same degree as the retired officer's former employing agency.
3. Argument in Support
The Los Angeles Police Protective League states:
It is a requirement of current law 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 measure is based on the real situation in which
if the agency from which the officer has retired no
longer provides law enforcement services or when the
agency is unincorporated, then the agency that
subsequently takes over law enforcement services in
that jurisdiction inherits the duty to issue with the
identification certificate to the retired peace
officer. In view of the recent events in Southern
California where all active and retired peace officers
became targets, this is much needed and appreciated.
***************