BILL ANALYSIS
SB 169
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SENATE THIRD READING
SB 169 (Benoit)
As Amended May 27, 2009
Majority vote
SENATE VOTE :37-0
PUBLIC SAFETY 7-0
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|Ayes:|Arambula, Hagman, | | |
| |Ammiano, Furutani, | | |
| |Gilmore, Hill, Ma | | |
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SUMMARY : Authorizes the head of an agency that employs
specified peace officers to issue identification in the form of
a badge, insignia, emblem, device, label, certificate, card, or
writing that clearly states that the person has honorably
retired following service as a peace officer from that agency.
Specifically, this bill :
1)States that the head of an agency that employs peace officers,
as defined, is authorized to issue identification in the form
of a badge, insignia, emblem, device, label, certificate,
card, or writing that clearly states that the person has
honorably retired following service as a peace officer from
that agency.
2)Provides that if the head of an agency issues a badge to an
honorably retired peace officer that is not affixed to a
plaque or other memento commemorating the retiree's service
for the agency, the words "honorably retired" must be clearly
visible above, underneath, or on the badge itself.
3)Authorizes the head of an agency that employs peace officers,
as defined, is authorized to revoke identification granted
pursuant to this subdivision in the event of misuse or abuse.
4)Specifies that the term "honorably retired" does not include
an officer who has agreed to a service retirement in lieu of
termination.
EXISTING LAW :
SB 169
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1)Provides that any person other than an authorized peace
officer who willfully wears, exhibits or uses the authorized
uniform, insignia, emblem, or other writing of a peace
officer, with the intent to fraudulently impersonate a peace
officer, or with the intent to fraudulently induce the belief
that he or she is a peace officer, is guilty of a misdemeanor,
punishable by imprisonment in a county jail not to exceed one
year, by a fine not to exceed $2,000, or by both that
imprisonment and fine.
2)States that any person who willfully wears or uses any badge,
for the purpose of fraudulently impersonating a peace officer,
or of fraudulently inducing the belief that he or she is a
peace officer, is guilty of a misdemeanor, punishable by
imprisonment in a county jail not to exceed one year, by a
fine not to exceed $2,000, or by both that imprisonment and
fine.
3)Provides that any person who willfully wears, exhibits, or
uses, or who willfully makes, sells, or otherwise transfers to
another, any badge, insignia, etc., which falsely purports to
be authorized for the use of a peace officer, or which so
resembles the authorized badge, as would deceive an ordinary
reasonable person into believing that it is authorized for the
use of a peace officer, is guilty of a misdemeanor, except
that any person who makes or sells any badge under the
circumstances described in this subdivision is subject to a
fine not to exceed $15,000.
4)Provides that any person who falsely represents himself or
herself to be a public officer, investigator, or inspector in
any state department and who, in that assumed character, does
specified acts shall be punished by imprisonment in a county
jail not exceeding one year, by a fine not exceeding $2,500,
or by both that fine and imprisonment, or by imprisonment in
the state prison
5)States that any person who without authority impersonates, or
wears the badge of, a member of the California Highway Patrol
(CHP) with intention to deceive anyone is guilty of a
misdemeanor.
6)Authorizes the CHP Commissioner to issue to each CHP member a
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badge of authority
7)States that neither the CHP Commissioner nor any other person
shall issue a badge to any person who is not a duly appointed
CHP member.
8)Provides that any peace officer described in this section who
has been honorably retired shall be issued an identification
certificate by the law enforcement agency from which the
officer has retired. Defines the term "honorably retired" as
all peace officers who have qualified for, and accepted, a
service or disability retirement. States that the term
"honorably retired" does not include an officer who has agreed
to a service retirement in lieu of termination.
9)States that any peace officer employed by specified agencies
shall have an endorsement on the identification certificate
stating that the issuing agency approves the officer's
carrying of a concealed weapon.
10)States that an identification certificate authorizing an
officer to carry a concealed weapon may be revoked only after
a hearing, as specified, following personal service of notice
of the hearing and a 15-day opportunity to respond.
FISCAL EFFECT : None
COMMENTS : According to the author, "SB 169 will change current
law by allowing the heads of local or state agencies that employ
peace officers as defined to issue an honorary badge, insignia,
emblem, device, label, certificate, card, or writing that
clearly states the recipient's position as an honorably retired
peace officer from that agency. This bill will give these local
agencies a valuable tool for honoring, upon retirement, members
of their agency who deserve such recognition."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
FN: 0001465