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. - continued - AB 1496 Page 1 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 - continued - AB 1496 Page 2 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 - continued - AB 1496 Page 3