BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 1385
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  miller
                                                         VERSION: 3/31/09
          Analysis by: Carrie Cornwell                   FISCAL:  no
          Hearing date: June 16, 2009






          SUBJECT:

          Authorized emergency vehicles: blue warning lights

          DESCRIPTION:

          This bill allows specified peace officers associated with fire  
          agencies to display blue lights on their emergency vehicles.

          ANALYSIS:

          Existing law declares that red lights and sirens on vehicles  
          should be restricted to authorized emergency vehicles that are  
          engaged in police, fire, and lifesaving services. Further, it  
          declares that other vehicles that create a special hazard on the  
          state's highways should be equipped with flashing amber lights.

          Existing law, in addition, allows an authorized emergency  
          vehicle used by a peace officer, as defined, in the performance  
          of his or her duties to display a steady or flashing blue  
          warning light visible from the front, sides, or rear of the  
          vehicle. The Vehicle Code defines peace officer for this purpose  
          to include:

               Members of the California Highway Patrol;

               County sheriffs, undersheriffs, sheriff deputies, and  
              reserve deputies; 

               City police chiefs, officers, and reserve officers;

               Members of the police departments for the University of  
              California, the California State University, the Hastings  
              School of Law, the community colleges, school districts,  
              special services districts, transit districts, airport  




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              authorities, and harbor and port districts;

               Specified employees of the Department of Corrections and  
              Rehabilitation, the Department of Fish and Game, and of the  
              Department of Forestry and Fire Protection; and

               Department of Justice Security Guards, Treasurer's Office  
              messengers, Hastings School of Law security officers, Senate  
              and Assembly sergeants, state and local park rangers, rail  
              road police, and peace officer members of the National  
              Guard. 

           This bill  expands the definition of peace officer for the  
          purposes of displaying steady or flashing blue warning lights on  
          his or her emergency vehicle to include members of fire  
          department or fire protection agency arson investigating units,  
          voluntary fire wardens designated by the Director of Forestry  
          and Fire Protection, and firefighter/security guards of the  
          Military Department. 
          
          COMMENTS:

           1.Purpose  . The sponsor notes that many fire departments in  
            California that serve large populations maintain their own law  
            enforcement personnel who are peace officers and who  
            investigate crimes related to arson, terrorism, illegal  
            fireworks, and destructive devices. This bill grants these  
            peace officers the use of blue warning lights on their  
            emergency vehicles, which identifies them fully as law  
            enforcement officers. The sponsor asserts that when another  
            law enforcement agency sees the blue lights during a vehicle  
            stop or investigation, they recognize the officers as law  
            enforcement, are more likely to provide back up, and will be  
            aware of the potential for the use of deadly force during the  
            course of that stop or investigation. The sponsor notes that  
            amber and red lights are associated with non-law enforcement  
            agencies, including fire, emergency and medical service, and  
            towing services, and therefore do not connote the same  
            meaning.

           2.Blue lights and red lights  .  The Vehicle Code provides that  
            all authorized emergency vehicles may display red lights and  
            sound sirens when responding to an emergency. It, however,  
            restricts the use of flashing or steady blue lights to peace  
            officers. A driver must pull over and allow a vehicle  
            displaying red lights and sounding a siren to pass, but blue  




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            lights indicate to drivers that a peace office is making a  
            traffic stop. 

           3.Double-referral  . The Rules Committee referred this bill to  
            both the Transportation and Housing Committee and to the  
            Public Safety Committee. Therefore, if this bill passes this  
            committee, it will be referred to the Committee on Public  
            Safety.
          
          Assembly Votes:
               Floor:    79 - 0
               Trans:    13 - 0

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     June 10, 2009)

               SUPPORT:  California State Firefighters Association  
          (sponsor)
                         California Conference of Arson Investigators
          
               OPPOSED:  None received.