BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1385
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1385 (Miller)
          As Amended  September 2, 2009
          Majority vote
           
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          |ASSEMBLY:  |79-0 |(May 4, 2009)   |SENATE: |39-0 |(September 4,  |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:    TRANS.  

           SUMMARY  :  Authorizes certain members of an arson-investigating  
          unit regularly paid and employed in that capacity whose primary  
          duty is the detection and apprehension of persons who have  
          violated any fire law or committed insurance fraud, to display a  
          steady or flashing blue warning light from their vehicle in the  
          performance of his or her duties.  

           The Senate amendments  prohibit the use of blue warning lights  
          for any reason other than for performance of duties by a  
          designated officer.  

           EXISTING LAW  :  

          1)Authorizes a peace officer, as specified, while in performance  
            of his or her duty to display a steady or flashing blue  
            warning light visible from the front, sides or rear of the  
            vehicle.  

          2)Defines a peace officer, for purposes of using a steady or  
            flashing blue warning lights while in performance of his or  
            her duty, as any sheriff, under-sheriff, or deputy sheriff,  
            employed in that capacity, of a county, any chief of police of  
            a city or chief, director, or chief executive officer of a  
            consolidated municipal public safety agency that performs  
            police functions.  

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  According to the sponsor, the California State  
          Firefighters' Association (CSFA), this bill would "add peace  








                                                                  AB 1385
                                                                  Page  2

          officers that work for a fire department to the existing list of  
          peace officers permitted to operate a vehicle equipped with  
          steady or flashing blue lights."  The author adds that many fire  
          departments in California that serve large populations maintain  
          their own law enforcement personnel to better focus on such  
          dangerous crimes as arson, terrorism, illegal fireworks, and  
          destructive devices.  

          CSFA points out that allowing a peace officer from a fire  
          department to use flashing blue lights will allow for easier  
          recognition of fellow peace officers from other agencies and  
          will facilitate assistance and cooperation among agencies.  

           
          Analysis Prepared by  :   Alejandro Esparza / TRANS. / (916)  
          319-2093 


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