BILL ANALYSIS                                                                                                                                                                                                    






                                                          AB 1496


Date of Hearing:  May 9, 1995
Counsel:       Donald J. Currier

                ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                      Paula L. Boland, Chair

      AB 1496 (V. Brown) - As Introduced:  February 24, 1995



  ISSUE: SHOULD THE LAW RELATING TO THE PSYCHOLOGICAL DISABILITY  
       RETIREMENT OF PEACE OFFICERS BE CLARIFIED TO REQUIRE A  
       FINDING BY A DOCTOR WHETHER OR NOT THE RETIRED OFFICER IS A  
       DANGER TO HIMSELF OR OTHERS WHEN POSSESSING A FIREARM?

  DIGEST

  Under current law:

1) The identification certificate or endorsement that may be  
   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.  (Penal Code section 12027.1.)

2) No peace officer who retired after January 1, 1989 because of  
   psychological disability may be issued an endorsement to carry  
   a concealed and loaded firearm.  (Penal Code section 12027.1  
   (e).)

 This bill clarifies the meaning of psychological disability as it  
applies to retired peace officers, for the purpose of concealed  
weapons laws.  In order to be psychologically disabled, a  
physician or psychologist must issue a written opinion that the  
officer is or may be a danger to himself, herself, or to others if  
permitted to carry a concealed and loaded firearm.

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                                                          AB 1496


 COMMENTS

1)   Purpose.  According to the author:

        I have introduced AB 1496 on behalf of the California  
       Association of Highway Patrolmen.  They have come to me as  
       a result of problems some of their retired officers have  
       had regarding getting approval from the department to carry  
       a concealed weapon.

        Under present law, the vast majority of state and local  
       retired peace officers may legally carry a concealed  
       weapon.  In the case of the CHP, 
the commissioner decides.  There is an appeal process for denials.  
 There are situations now where some retired officers are denied  
based on the fact they retired on "stress."  However, the stress  
involved may be essentially cardiovascular in nature, in other  
words, heart problems or some other physical manifestation, but  
not psychological.

        AB 1496 is intended to clarify the ambiguity in current  
       law so that only officers who are mentally unstable will be  
       denied the right to carry a concealed weapon.  AB 1496 does  
       not change any other provisions relating to the approval or  
       denial.

2)   Background.  Peace officers are occasionally treated for  
stress disorders that are caused by their work in law enforcement.  
 There are a variety of injuries that are caused by stress.  Many  
of these injuries, such as heart disease, shingles, or other  
physical manifestations of stress, do not affect an individual's  
overall mental stability.

   Under current practice, officers who receive a disability  
   retirement involving "stress" are denied the authority to carry  
   a concealed weapon.  This policy would prohibit an officer from  
   carrying a concealed weapon who, after 30 years of reliable  

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                                                          AB 1496

   service, develops a heart ailment due to occupational stress.

3)  Potential Effect.  This bill would distinguish between those  
   retired disabled officers who suffer from a mental disability,  
   causing them to be dangerous to themselves and to the  
   community, from those officers who suffer physical ailments  
   resulting from job stress. 

4)  Opposition.  The State Department of Personnel Administration  
   has expressed opposition to this bill on the basis that it  
   could change the law on psychological disability retirement as  
   it applies to peace officers.  Inserting language in the bill  
   restricting the definition to a certain section of the Penal  
   Code would address their concerns.

  SOURCE:    California Highway Patrolmen's Association

  SUPPORT:   Peace Officers Research Association of California
            California Correctional Peace Officers Association
            California Organization of Police and Sheriffs

  OPPOSITION:Department of Personnel Administration        
















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