BILL ANALYSIS
SB 5
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Date of Hearing: June 16, 2009
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Juan Arambula, Chair
SB 5 (Maldonado) - As Amended: April 28, 2009
SUMMARY : Requires the Commission on Peace Officers Standards
and Training (CPOST), if requested, to conduct a feasibility
study regarding designating as peace officers members of a fire
department bomb squad unit certified by the Federal Bureau of
Investigation as bomb technicians, and authorizes CPOST to seek
reimbursement for the reasonable costs of the study from the
requesting agency.
EXISTING LAW :
1)Provides that any person or persons desiring peace officer
status, as defined, who, on
January 1, 1990, were not entitled to be designated as peace
officers shall request CPOST to undertake a feasibility study
regarding designating that person or persons as peace officer.
The request and study shall be undertaken in accordance with
regulations adopted by CPOST. CPOST may charge any person
requesting a study, a fee, not to exceed the actual cost of
undertaking the study. [Penal Code Section 13540(a).]
2)States that any person or persons designated as peace
officers, as defined, and who desire a change in peace officer
designation or status, shall request CPOST to undertake a
study to assess the need for change in designation or status.
The request and study shall be undertaken in accordance with
regulations adopted by CPOST. CPOST may charge any person,
agency, or organization requesting a study, a fee, not to
exceed the actual cost of undertaking the study. [Penal Code
Section 13540(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Unlike their
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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.
"This bill requests CPOST to conduct a feasibility study
regarding the classification of fire department-based
certified bomb technicians as peace officers under Penal Code
Section 830.37."
2)Background : Under existing law, any person desiring peace
officer status is required to request CPOST to conduct a
feasibility study to determine if it is appropriate to
designate the person as a peace officer. (Penal Code Section
13540.) This bill simply requires CPOST to conduct a
feasibility study to determine if fire department-based
certified bomb technicians should be designated as peace
officers. This bill also authorizes CPOST to seek
reimbursement for the cost of the study.
REGISTERED SUPPORT / OPPOSITION :
Support
California Professional Firefighters
Ontario Professional Firefighters
Opposition
None
SB 5
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Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744