BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 5|
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THIRD READING
Bill No: SB 5
Author: Maldonado (R)
Amended: 4/28/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/21/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Peace officer status for fire department bomb
technicians:
feasibility study
SOURCE : California Professional Firefighters
DIGEST : This bill requires the Commission on Peace
Officer Standards and Training (POST) to conduct a
feasibility study regarding designating as peace officers
members of a fire department bomb squad unit who are
certified, by December 31, 2009, by the Federal Bureau of
Investigation as certified bomb technicians. This bill
specifies that POST may seek reimbursement for the
reasonable cost of the study from the requesting person or
entity.
ANALYSIS : Existing law provides that the following
persons are peace officers whose authority extends to any
place in the state for the purpose of performing their
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primary duty, or when making an arrest pursuant to Section
836 as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of
the perpetrator of that offense, or pursuant to Section
8597 or 8598 of the Government Code. These peace officers
may carry firearms only if authorized and under terms and
conditions specified by their employing agency:
1. Members of an arson-investigating unit, regularly paid
and employed in that capacity, of a fire department or
fire protection agency of a county, city, city and
county, district, or the state, if the primary duty of
these peace officers is the detection and apprehension
of persons who have violated any fire law or committed
insurance fraud.
2. Members other than members of an arson-investigating
unit, regularly paid and employed in that capacity, of a
fire department or fire protection agency of a county,
city, city and county, district, or the state, if the
primary duty of these peace officers, when acting in
that capacity, is the enforcement of laws relating to
fire prevention or fire suppression.
3. Voluntary fire wardens as are designated by the Director
of the Department of Forestry and Fire Protection
pursuant to Section 4156 of the Public Resources Code,
provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set
forth in Section 4156 of the Public Resources Code.
4. Firefighter/security guards by the Military Department,
if the primary duty of the peace officer is the
enforcement of the law in or about properties owned,
operated, or administered by the employing agency or
when performing necessary duties with respect to
patrons, employees, and properties of the employing
agency. (Section 830.37 of the Penal Code)
Existing law requires every peace officer to complete an
introductory course of training prescribed by POST and that
persons described as peace officers who have not
satisfactorily completed the prescribed training course
shall not have the powers of a peace officer until they
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satisfactorily complete the course. (Section 832 of the
Penal Code)
Existing law sets qualifications for "holding office as a
peace officer" including that applicants be found to be
free from any physical, emotional, or mental condition
which might adversely affect the exercise of the powers of
a peace officer. (Sections 1029 and 1031 of the Government
Code)
Existing law requires that any person or persons desiring
peace officer status under Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code who, on
January 1, 1990, were not entitled to be designated as
peace officers under that chapter shall request POST to
undertake a feasibility study regarding designating that
person or persons as peace officers. The request and study
shall be undertaken in accordance with regulations adopted
by POST. POST may charge any person requesting a study, a
fee, not to exceed the actual cost of undertaking the
study. Nothing in this article shall apply to or otherwise
affect the authority of the Department of Corrections and
Rehabilitation, as specified, to designate peace officers
as provided for in Section 830.5. (Section 13540(a) of the
Penal Code)
Existing law requires that any person or persons who are
designated as peace officers under Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code,
and who desire a change in peace officer designation or
status, shall request POST to undertake a study to assess
the need for a change in designation or status. The
request and study shall be undertaken in accordance with
regulations adopted by POST. POST may charge any person,
agency, or organization requesting a study, a fee, not to
exceed the actual cost of undertaking the study. (Section
13540(b) of the Penal Code)
This bill requires POST, upon receiving a request, to
conduct a feasibility study by POST regarding the
appropriateness of designating as peace officers, as
specified, members of a fire department bomb squad unit who
are certified, as of December 31, 2009, by the Federal
Bureau of Investigation as certified bomb technicians.
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This bill specifies that POST may seek reimbursement for
the reimbursement for the reasonable costs of the study
from the requesting party or entity.
Background
According to background provided by the author:
"The great majority -- approximately 90% -- of the
roughly 450 bomb squads in the nation are police/sheriff
department-based. However, the remaining 10% of these
squads are a part of a fire department. A certified bomb
technician is an individual who has attended the Federal
Bureau of Investigations (FBI) Hazardous Devices School
in Huntsville, Alabama, and is currently serving in the
capacity of a bomb technician for a recognized bomb
squad. Once a technician completes the FBI course, he or
she is certified by the FBI regardless of the agency to
which they are affiliated and is issued an official bomb
technician credential. More than 200 firefighters
nationwide have been certified by the FBI and trained to
deal with explosive devices, as well as utilize and
employ various types of related equipment. Ultimately,
firefighters play an important and useful role in
bomb-related activities.
"In California, four fire agencies have certified bomb
technicians performing in that capacity: CAL FIRE,
Imperial County, Ontario City and San Diego City. The
City of San Diego's bomb squad, for example, is more than
30 years old and one of the busiest in the nation. The
City's 10 fire department bomb technicians are charged
with responding to all incidents involving explosive
materials, incendiary devices, improvised explosive
devices, military or commercially manufactured
ordinances, accidental explosions, bombings and other
related matters."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/11/09)
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California Professional Firefighters
Ontario Professional Firefighters
ARGUMENTS IN SUPPORT : According to the author:
"Unlike their law enforcement counterparts, as well as
fire department-based bomb squad technicians in other
states, in California, fire department-based bomb
technicians are not classified as 'peace officers.' As a
result, these technicians are often placed at a critical
disadvantage when they are required to testify in court
regarding an emergency incident they may have diffused
and their credentials are questioned simply because of a
lack of 'peace officer' classification.
"Also unlike their law enforcement counterparts and fire
department-based technicians in other states,
California's fire department-based bomb squad technicians
do not carry firearms because of the aforementioned
classification oversight. This can pose a significant
safety threat to squad members when they are called on to
respond to a high risk incident that may involve
individual perpetrators who specifically are looking to
do these public safety personnel harm."
RJG:mw 5/11/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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