BILL ANALYSIS �
SB 303
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Date of Hearing: June 11, 2013
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 303 (Knight) - As Amended: March 21, 2013
SUMMARY : Provides that if the agency from which a peace
officer has retired honorably is no longer providing law
enforcement services, the agency that subsequently provides law
enforcement services for that jurisdiction is required to issue
the identification certificate to that retired officer.
Specifically, this bill :
1) Provides that if the agency from which a 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 is required to issue the identification
certificate to that peace officer if the following conditions
are met:
a) 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,
b) 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.
2)Makes conforming changes in law regarding the issuance of
identification certificates and concealed weapons endorsements
to honorably-retired peace officers.
EXISTING LAW :
1)Requires that any honorably-retired peace officer, as
described, be issued an identification certificate by the law
enforcement agency from which the officer has retired. (Penal
Code Section 25905(a).)
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2)Authorizes an issuing agency to charge a fee necessary to
cover any reasonable expenses incurred by the agency in
issuing certificates. (Penal Code Section 25905(b).)
3)Provides that any officer, except specified officers who
retired before 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. Provides
that an officer who honorably retired before January 1, 1981
is not required to obtain an endorsement from the agency to
carry a loaded firearm. (Penal Code Section 25905.)
4)Requires that every five years, a retired peace officer,
except specified officers who retired before January 1, 1981,
to petition the issuing agency for renewal of the privilege to
carry a loaded firearm. (Penal Code Section 25915.)
5)Authorizes an agency from which a peace officer is honorably
retired, upon initial retirement of the officer, or at any
subsequent time, to deny or revoke for good cause the retired
officer's privilege to carry a loaded firearm. (Penal Code
Section 25920.)
6)Requires specified honorably-retired peace officers
(including, e.g., parole and probation officers) who are
authorized to carry a loaded firearm to meet specified
training requirements and qualify with the firearm at least
annually. Provides that the individual retired peace officer
is responsible for maintaining eligibility to carry a loaded
firearm and requires the Department of Justice to provide
subsequent arrest notification regarding these
honorably-retired peace officers to the agency from which the
officer has retired. (Penal Code Section 25925.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "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
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integrity of the retired officer [sic] 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 times for local government."
2)Background : 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 he or she shall have an
endorsement on the identification certificate stating that the
issuing agency approves the officer's carrying of a loaded
firearm. (Penal Code Section 25905.) Current law provides
that every five years, a retired peace officer, except
specified officers who retired before January 1, 1981, are
required to petition the issuing agency for renewal of the
privilege to carry a loaded firearm (Penal Code Section 25915)
and that the agency from which a peace officer is honorably
retired may, upon initial retirement of the peace officer, or
at any subsequent time, deny or revoke for good cause the
retired officer's privilege to carry a loaded firearm. (Penal
Code Section 25920.) Current law, however, is silent as to
any procedure if the employing agency ceases to exist.
In July 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.
(Jessica Garrison, Police Dept. Phaseout Begins in Compton,
L.A. Times (July 13, 2000)
(as
of June 4, 2013).) From time to time, other local governments
have dissolved their local police departments in a similar
fashion and arranged for law enforcement services to be
provided by another entity. (See, e.g., Henry K. Lee, San
Carlos council votes to disband police force, S.F. Chronicle
(June 30, 2010)
(as of June 4, 2013).)
This bill addresses the need for peace officers, formerly
employed by a now-dissolved agency, to obtain their
identification certificates 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
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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
regulate the issuance of concealed weapons endorsements to the
same degree as the retired officer's former employing agency.
3)Argument in Support : According to the Los Angeles Police
Protective League , "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 the identification
certificate to the retired peace officer. In view of recent
events in Southern California where all active and retired
peace officers became targets, this is much needed and
appreciated."
REGISTERED SUPPORT / OPPOSITION :
Support
Association for Los Angeles Deputy Sheriffs
California Police Chiefs Association
Los Angeles Police Protective League
Riverside Sheriffs' Association
Opposition
None
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744