BILL ANALYSIS
AB 1385
Page 1
GOVERNOR'S VETO
AB 1385 (Miller)
As Amended September 2, 2009
2/3 vote
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|ASSEMBLY: |79-0 |(May 4, 2009) |SENATE: |39-0 |(September 4, |
| | | | | |2009) |
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|ASSEMBLY: |77-0 |(September 9, | | | |
| | |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
AB 1385
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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
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.
GOVERNOR'S VETO MESSAGE :
This bill would authorize specified peace officers,
more specifically arson investigators, employed by
fire departments to use blue warning lights on
authorized emergency vehicles (AEV). The bill's
sponsor asserts that arson investigators are often
plain clothed and drive unmarked vehicles, and as a
result need the use of blue lights to be more
recognizable. However, the use of blue lights would
not establish the individual's identity as a peace
officer without displaying some form of police
identification. Additionally, all AEVs in California,
including law enforcement vehicles, are required to
AB 1385
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have at least one forward facing solid red light.
Since there is no legal requirement for motorists to
yield to a blue warning light, I fail to see the
necessity for the addition of a blue light.
Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
319-2093
FN: 0003250