BILL ANALYSIS
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THIRD READING
Bill No: AB 1385
Author: Miller (R)
Amended: 9/2/09 in Senate
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE : 11-0, 6/16/09
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman,
Hollingsworth, Kehoe, Oropeza, Pavley, Simitian, Wolk
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/14/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 79-0, 504/09 - See last page for vote
SUBJECT : Authorized emergency vehicles: blue warning
lights
SOURCE : California State Firefighters Association
DIGEST : This bill allows specified peace officers
associated with fire agencies to display blue lights on
their emergency vehicles.
Senate Floor Amendments of 9/2/09 limit the applicability
of the bill only to specified peace officers who are
members of an arson investigating unit of a fire department
or fire protection agency of a county, district, or the
state.
CONTINUED
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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/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:
1. Members of the Department of the California Highway
Patrol.
2. County sheriffs, undersheriffs, sheriff deputies, and
reserve deputies.
3. City police chiefs, officers, and reserve officers.
4. 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 authorities, and harbor and port
districts.
5. Specified employees of the Department of Corrections and
Rehabilitation, the Department of Fish and Game, and the
Department of Forestry and Fire Protection.
6. 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/her emergency vehicle to only those regularly
employed peace officer members of an arson-investigating
unit of a fire department or fire protection agency, whose
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primary duty is the detection and apprehension of persons
who have violated any fire law or committed insurance
fraud.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/3/09)
California State Firefighters Association (source)
California Conference of Arson Investigators
ARGUMENTS IN SUPPORT : The California State Firefighters
Association, the sponsor of this bill 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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
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Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Huffman
JJA:do 9/3/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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