BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
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AB 671 (Krekorian)
As Amended May 27, 2009
Hearing date: July 14, 2009
Government Code
SM:br
PEACE OFFICERS: GOLDEN SHIELD AWARD
HISTORY
Source: Author
Prior Legislation: SB 1800 (Johannessen) - Ch. 226, Stats. 2002
Support: Association for Los Angeles Deputy Sheriffs;
California Correctional Peace Officers Association;
California Correctional Supervisors Organization;
California Professional Firefighters; California State
Sheriffs' Association; California Statewide Law
Enforcement Association; Crime Victims United of
California; Glendale Fire Fighters' Association; LA
County Probation Officers Union; Riverside Sheriffs
Association; United Firefighters of Los Angeles City;
CDF Firefighters Local 2881
Opposition:None
Assembly Floor Vote: Ayes 76 - Noes 0
KEY ISSUES
SHOULD A NEW CHAPTER IN THE PENAL CODE KNOWN AS THE CALIFORNIA
GOLDEN SHIELD ACT BE CREATED?
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SHOULD THE GOVERNOR BE REQUIRED TO ANNUALLY AWARD, AND PRESENT
IN THE NAME OF THE STATE OF CALIFORNIA, A GOLDEN SHIELD AWARD OF
APPROPRIATE DESIGN, WITH RIBBONS AND APPURTENANCES, TO THE NEXT
OF KIN OF, OR IMMEDIATE FAMILY MEMBERS OF, EVERY PUBLIC SAFETY
OFFICER WHO, WHILE SERVING UNDER COMPETENT AUTHORITY IN ANY
CAPACITY, HAS BEEN KILLED IN THE LINE OF DUTY IN THAT YEAR?
(CONTINUED)
SHOULD "PUBLIC SAFETY OFFICER" BE DEFINED, FOR THE PURPOSES OF
THIS CHAPTER, AS A PERSON SERVING A PUBLIC AGENCY, WITH OR
WITHOUT COMPENSATION, AS A FIREFIGHTER, LAW ENFORCEMENT OFFICER,
INCLUDING A CORRECTIONS OR COURT OFFICER OR A CIVIL DEFENSE
OFFICER, OR EMERGENCY SERVICES OFFICER?
PURPOSE
The purpose of this bill is to (1) create a new chapter in the
Penal Code known as the California Golden Shield Act; (2)
require that the Governor annually award, and present in the
name of the State of California, a Golden Shield Award of
appropriate design, with ribbons and appurtenances, to the next
of kin of, or immediate family members of, every public safety
officer who, while serving under competent authority in any
capacity, has been killed in the line of duty in that year; and
(3) define, for the purposes of this chapter, "public safety
officer" as a person serving a public agency, with or without
compensation, as a firefighter, law enforcement officer,
including a corrections or court officer or a civil defense
officer, or emergency services officer.
Existing law provides that the Governor may annually present in
the name of the State of California a Medal of Valor to one or
more public safety officers cited by the Attorney General (AG)
upon the recommendation of the Medal of Valor Review Board for
extraordinary valor above and beyond the call of duty. The
Public Safety Medal of Valor will be the highest state award for
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valor given to public safety officers. (Government Code
3402.)
Existing law creates the "Medal of Valor Review Board,"
comprised of representatives or their designees, selected by the
following organizations:
California Peace Officers' Association;
California Correctional Peace Officers
Association;
California State Firefighters' Association;
Peace Officers Research Association of
California;
California Police Chiefs' Association;
California Association of Highway Patrolmen;
California State Sheriffs' Association;
California Union of Safety Employees; and,
A group representing emergency medical
technicians and paramedics, to be selected by the
Board.
(Government Code 3403.)
Existing law provides that the Board shall meet at the call of
the Chair, and may not meet more than once each year. A
majority of the members of the board shall constitute a quorum
to conduct business, and may establish by majority vote any
other rule for the conduct of the Board's business. (Government
Code 3404 (a) and (b).)
Existing law requires the Board to recommend candidates for the
Medal of Valor, once per year, to the AG. In a given year, the
Board shall not be required to recommend any candidates but may
not recommend more than five candidates. (Government Code
3404 (c).)
Existing law authorizes the Board to receive donations which
shall be used to pay any costs associated with holding its
annual meeting and having witnesses, and requires the cost of
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production of the medals to be funded from existing resources
within the Department of Justice. (Government Code 3405.)
This bill creates a new chapter in the Penal Code and states
that this chapter shall be known and may be cited as the
California Golden Shield Act.
This bill requires that the Governor annually award, and present
in the name of the State of California, a Golden Shield Award of
appropriate design, with ribbons and appurtenances, to the next
of kin of, or immediate family members of, every public safety
officer who, while serving under competent authority in any
capacity, has been killed in the line of duty in that year.
This bill defines, for the purposes of this chapter, "public
safety officer" as a person serving a public agency, with or
without compensation, as a firefighter, law enforcement officer,
or emergency services officer. "Law enforcement officer"
includes a person who is a corrections or court officer or a
civil defense officer.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
California continues to face a severe prison overcrowding
crisis. The Department of Corrections and Rehabilitation (CDCR)
currently has about 170,000 inmates under its jurisdiction. Due
to a lack of traditional housing space available, the department
houses roughly 15,000 inmates in gyms and dayrooms.
California's prison population has increased by 125% (an average
of 4% annually) over the past 20 years, growing from 76,000
inmates to 171,000 inmates, far outpacing the state's population
growth rate for the age cohort with the highest risk of
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incarceration.<1>
In December of 2006 plaintiffs in two federal lawsuits against
CDCR sought a court-ordered limit on the prison population
pursuant to the federal Prison Litigation Reform Act. On
February 9, 2009, the three-judge federal court panel issued a
tentative ruling that included the following conclusions with
respect to overcrowding:
No party contests that California's prisons are
overcrowded, however measured, and whether considered
in comparison to prisons in other states or jails
within this state. There are simply too many
prisoners for the existing capacity. The Governor,
the principal defendant, declared a state of emergency
in 2006 because of the "severe overcrowding" in
California's prisons, which has caused "substantial
risk to the health and safety of the men and women who
work inside these prisons and the inmates housed in
them." . . . A state appellate court upheld the
Governor's proclamation, holding that the evidence
supported the existence of conditions of "extreme
peril to the safety of persons and property."
(citation omitted) The Governor's declaration of the
state of emergency remains in effect to this day.
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<1> "Between 1987 and 2007, California's population of ages 15
through 44 - the age cohort with the highest risk for
incarceration - grew by an average of less than 1% annually,
which is a pace much slower than the growth in prison
admissions." (2009-2010 Budget Analysis Series, Judicial and
Criminal Justice, Legislative Analyst's Office (January 30,
2009).)
. . . the evidence is compelling that there is no
relief other than a prisoner release order that will
remedy the unconstitutional prison conditions.
. . .
Although the evidence may be less than perfectly
clear, it appears to the Court that in order to
alleviate the constitutional violations California's
inmate population must be reduced to at most 120% to
145% of design capacity, with some institutions or
clinical programs at or below 100%. We caution the
parties, however, that these are not firm figures and
that the Court reserves the right - until its final
ruling - to determine that a higher or lower figure is
appropriate in general or in particular types of
facilities.
. . .
Under the PLRA, any prisoner release order that we
issue will be narrowly drawn, extend no further than
necessary to correct the violation of constitutional
rights, and be the least intrusive means necessary to
correct the violation of those rights. For this
reason, it is our present intention to adopt an order
requiring the State to develop a plan to reduce the
prison population to 120% or 145% of the prison's
design capacity (or somewhere in between) within a
period of two or three years.<2>
The final outcome of the panel's tentative decision, as well as
any appeal that may be in response to the panel's final
---------------------------
<2> Three Judge Court Tentative Ruling, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (Feb. 9, 2009).
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decision, is unknown at the time of this writing.
This bill does not appear to aggravate the prison overcrowding
crisis outlined above.
COMMENTS
1. Need for This Bill
According to the author:
Current law provides the opportunity for the Governor to
annually present the Medal of Valor award, on behalf of
the State, to public safety officers for extraordinary
valor above and beyond the call of duty, as recognized by
the Attorney General and the Medal of Valor Review Board.
However, no official state honorarium currently exists
to honor public safety officers killed in the line of
duty.
Each year in this country, close to 150 officers are
killed in the line of duty, leaving their families and
loved ones alone to cope with the tragic loss. Already
in 2009, six officers in California have been killed on
the job. Last year, thirteen officers were killed on
duty in California, second only to Texas, where fourteen
died in 2008. Scores more are injured every day and
year, creating a vast pool of sorrow in which surviving
family members and friends are left without a proper way
to honor their fallen loved ones. Despite the persistent
dangers inherent in their job, public safety officers in
California do not yet have an official statewide
honorific to recognize the deceased who have given their
lives to their job.
The California Golden Shield Act would require the
Governor, for the first time in the state's history, to
honor, on behalf of the State, public safety officers
killed in the line of duty. This is a fitting
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acknowledgement for our public safety officers who have
given their all to keep California's citizens safe. It
is essential that the State of California appropriately
recognize and honor their service and their sacrifice.
2. Argument in Support
The California Statewide Law Enforcement Association states:
AB 671 will create the Golden Shield Award to honor
those who willingly put themselves at risk every day.
Despite the persistent dangers inherent in their
job, public safety officers in California do not yet
have a statewide honor to recognize the deceased who
have given their lives to their job. CSLEA believes
the Golden Shield Award is a fitting acknowledgement
for our public safety officers who have given their
all to keep California's citizens safe.
SHOULD THIS AWARD BE ESTABLISHED?
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