BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1322|
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THIRD READING
Bill No: AB 1322
Author: Oller (R), et al
Amended: 5/18/99 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/29/99
AYES: Vasconcellos, Burton, McPherson, Polanco, Rainey
NOT VOTING: Johnston
ASSEMBLY FLOOR : 71-2, 5/25/99 - See last page for vote
SUBJECT : Concealed weapons licenses: custodial officers
SOURCE : Cal-Neva Conference of Operating Engineers
El Dorado Sheriff's Correctional Officers
DIGEST : This bill allows a concealed weapons license
issued to a section 831.5 custodial officer employed by a
sheriff to be valid for up to four years, as specified.
ANALYSIS : Existing law provides that a sheriff or a
police chief may issue a license to carry a concealed
firearm in public pursuant to specified requirements and
restrictions, such as that the applicant is of good moral
character, the applicant is not within certain prohibited
categories, and good cause exists for the issuance. In
counties with populations of 200,000 or less, a license may
also be issued to carry a loaded and exposed pistol,
revolver, or other firearm capable of being concealed upon
the person. Licenses to carry concealed are valid
statewide although the issuing authority may place
CONTINUED
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restrictions or conditions on the license. Licenses are
generally valid for any period of time not to exceed two
years from the date of the license. License renewal
applicants shall complete a training course of no less than
four hours, as specified. (penal code 12050)
Existing law delineates the authority of a sheriff to issue
a license to a person applying who is a resident of the
county or a city within the county and delineates the
authority of a chief or other head of a municipal police
department of any city to issue a license to a person
applying who is a resident of that city; in addition, a
license valid for up to 90 days may be issued to a person
who spends a substantial period of time in the applicant's
principal place of employment or business within, the
county or a city within the county when application is made
to the sheriff, or the applicant is a resident of the city
when application is made to a police chief, as specified.
Existing law also allows both a sheriff and a police chief
to issue a concealed weapons license regardless of the
general residency requirements to a reserve peace officer
who is deputized by the issuing authority; such licenses
are valid for up to four years, as specified.
Existing law provides that a concealed weapons license
issued to a California judge or commissioner or a federal
judge or magistrate may be valid for up to three years.
Under existing law, all cities and counties are authorized
to employ custodial officers - public officers who are not
peace officers - for the purpose of maintaining order in
local detention facilities. (Penal Code 831.)
Notwithstanding Section 831, in counties with a population
of 425,000 or less - and San Diego, Fresno, Kern,
Riverside, and Stanislaus counties - "enhanced powers"
custodial officers may be employed. "Enhanced powers"
custodial officers may carry firearms under the direction
of the sheriff while fulfilling specified job-related
duties. Those custodial officers shall be employees of the
sheriff except in counties which, as of July 1, 1993, have
another entity in charge of the county jail. (Penal Code
831.5.)
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This bill authorizes a concealed weapons license issued to
a section 831.5 custodial officer employed by a sheriff to
be valid for up to four years except that the license shall
be invalid upon the conclusion of the section 831.5
employment if the four-year period has not otherwise
expired or any other condition imposed by the issuing
authority does not limit the validity of the license to a
shorter time period.
Prior Legislation :
AB 1795 (Runner) passed the Senate 24-1, 6/18/98 (Voting
No: Mountjoy); Chapter 110, Statutes of 1998
AB 2022 (Wright) passed the Senate 21-7, 8/24/98; Chapter
910, Statutes of 1998
AB 1468 (Runner) passed the Senate 38-0, 9/4/97; Chapter
744, Statutes of 1997
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/30/99)
Cal-Nevada Conference of Operating Engineers (co-source)
El Dorado Sheriff's Correctional Officers (co-source)
Calaveras County Sheriff's Department
Sheriff-Coroner, El Dorado County
Chief of Police, City of Ione
Sheriff-Coroner, Mono County
Placerville Police Officers Association
ARGUMENTS IN SUPPORT : Background provided by the author
includes the following:
This bill will eliminate the frequency that
correctional/custodial officers need to renew their
concealed weapons permits. This bill will give sheriffs or
police chiefs the option of issuing four-year permits
(increased from two years) to custodial officers. Current
law allows the issuance of four-year permits to persons
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deputized or serving as reserve peace officers. AB 1322
will save time and money by allowing sheriffs and police
chiefs the option of extending two-year concealed weapon
permits to four year permits for custodial officers. This
bill does not change how or who the permit is issued
to...[and]...has nothing to do with the decision to issue
or not to issue a concealed weapons license, nor does it
change any criteria to obtain a license.
ASSEMBLY FLOOR :
AYES: Aanestad, Ackerman, Alquist, Aroner, Ashburn,
Baldwin, Bates, Battin, Baugh, Brewer, Briggs, Calderon,
Cardenas, Cardoza, Cedillo, Correa, Cox, Cunneen, Davis,
Dickerson, Ducheny, Dutra, Florez, Frusetta, Gallegos,
Granlund, Havice, Hertzberg, Honda, House, Jackson,
Kaloogian, Keeley, Kuehl, Leach, Lempert, Leonard,
Longville, Lowenthal, Machado, Maddox, Maldonado,
Margett, Mazzoni, McClintock, Migden, Nakano, Olberg,
Oller, Robert Pacheco, Rod Pacheco, Pescetti, Reyes,
Romero, Runner, Scott, Shelley, Steinberg, Strickland,
Strom-Martin, Thompson, Thomson, Torlakson, Vincent,
Washington, Wayne, Wesson, Wildman, Wright, Zettel,
Villaraigosa
NOES: Bock, Floyd
NOT VOTING: Campbell, Corbett, Firebaugh, Knox, Papan,
Soto, Wiggins
RJG:jk 6/30/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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