BILL NUMBER: AB 1496 AMENDED BILL TEXT AMENDED IN SENATE JUNE 28, 1995 AMENDED IN ASSEMBLY MAY 15, 1995 INTRODUCED BY Assembly Member Valerie Brown FEBRUARY 24, 1995 An act to amend Section 12027.1 of the Penal Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGEST AB 1496, as amended, V. Brown. Peace officers: disability: retirement. Existing law provides that the identification certificate or endorsement issued to peace officers authorizing the officers to carry a concealed and loaded firearm is also applicable to honorably retired peace officers who during the course and scope of their employment as peace officers were authorized to, and did, carry firearms. However, no peace officer who is retired after January 1, 1989, because of a psychological disability may be issued an endorsement to carry a concealed and loaded firearm pursuant to this provision. This bill wouldspecify that, for purposes of that provision, retirement for psychological disability is established for purposes of this provision when a physician has provided a written opinion that the retiring peace officer is or may be a danger to himself, herself, or others if permitted to carry a concealed and loaded firearmprovide that the provision prohibiting an officer from carrying a concealed weapon if he or she retires because of a psychological disability does not apply to retirement due to stress, as specified . Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12027.1 of the Penal Code is amended to read: 12027.1. (a) (1) (A) (i) 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 identification certificate stating that the issuing agency approves the officer's carrying of a concealed and loaded firearm. (ii) 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 paragraph (2) of subdivision (a) of Section 12027. (iii) Peace officers not listed in clause (i) or (ii) who were authorized to, and did, carry firearms during the course and scope of their employment as peace officers, shall have an endorsement on the identification certificate stating that the issuing agency approves the officer's carrying of a concealed and loaded firearm. (B) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement on the certificate may be revoked or denied by the issuing agency only upon a showing of good cause. Good cause shall be determined at a hearing, as specified in subdivision (d). (2) A retired peace officer may have his or her privilege to carry a concealed and loaded firearm revoked or denied by violating any departmental rule, or state or federal law that, if violated by an officer on active duty, would result in that officer's arrest, suspension, or removal from the agency. (b) (1) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be revoked or denied by the issuing agency only upon a showing of good cause. Good cause shall be determined at a hearing, as specified in subdivision (d). (2) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be revoked only after a hearing, as specified in subdivision (d). Any retired peace officer whose identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement is to be revoked shall have 15 days to respond to the notice of the hearing. Notice of the hearing shall be served either personally on the retiree or sent by first-class mail, postage prepaid, return receipt requested to the retiree's last known place of residence. Upon the date the agency receives the signed registered receipt or upon the date the notice is served personally on the retiree, the retiree shall have 15 days to respond to the notification. A retired peace officer who fails to respond to the notice of the hearing shall forfeit his or her right to respond. (3) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be denied prior to a hearing. If a hearing is not conducted prior to the denial of an endorsement, a retired peace officer, within 15 days of the denial, shall have the right to request a hearing. A retired peace officer who fails to request a hearing pursuant to this paragraph shall forfeit his or her right to the hearing. (c) A retired peace officer, when notified of the revocation of his or her privilege to carry a concealed and loaded firearm, after the hearing, or upon forfeiting his or her right to a hearing, shall immediately surrender to the issuing agency his or her identification certificate. The issuing agency shall reissue a new identification certificate without an endorsement. However, if the peace officer retired prior to January 1, 1981, and was at the time of his or her retirement a peace officer listed in Section 830.1 or 830.2 or subdivision (c) of Section 830.5, the issuing agency shall stamp on the identification certificate "No CCW privilege." (d) Any hearing conducted under this section shall be held before a three-member hearing board. One member of the board shall be selected by the agency and one member shall be selected by the retired peace officer or his or her employee organization. The third member shall be selected jointly by the agency and the retired peace officer or his or her employee organization. Any decision by the board shall be binding on the agency and the retired peace officer. (e) No peace officer who is retired after January 1, 1989, because of a psychological disability shall be issued an endorsement to carry a concealed and loaded firearm pursuant to this section.For purposes of this section, retirement due to psychological disability is established when a physician or psychologist has provided a written opinion that the retiring peace officer is or may be a danger to himself, herself, or others if permitted to carry a concealed and loaded firearm.This subdivision does not apply to a peace officer who retires due to stress if the only significant manifestation of stress is a condition of hypertension, coronary disease, diverticulitis, ulcers, cancer, any combination thereof, or any other physiologically related condition.