BILL NUMBER: AB 1496	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JULY 11, 1995
	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 would provide 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)  (1)  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.  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.  
   (2) For purposes of this section, a "psychological disability" is
a mental disorder that is diagnosed using the terminology and
criteria of the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders, or the terminology and
diagnostic criteria of other psychiatric diagnostic manuals generally
approved and accepted nationally by practitioners in the field of
psychiatric medicine.