BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 169|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 169
Author: Benoit (R)
Amended: 7/13/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/14/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE FLOOR : 37-0, 4/20/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Cedillo,
Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,
Ducheny, Dutton, Florez, Hancock, Harman, Hollingsworth,
Huff, Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete
McLeod, Oropeza, Padilla, Pavley, Romero, Runner,
Simitian, Steinberg, Strickland, Walters, Wiggins, Wolk,
Wright, Yee
NO VOTE RECORDED: Calderon, Wyland
ASSEMBLY FLOOR : Not available
SUBJECT : Identification: honorable retired peace
officers: badges
SOURCE : Author
DIGEST : This bill 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
CONTINUED
SB 169
Page
2
person has honorably retired following service as a peace
officer from that agency.
Assembly Amendments : (1) make the bill applicable to any
applicable agency rather than a "local agency," (2) add
clarifying language, and (3) specifies that provisions
apply only to offices who are PORAC trained.
ANALYSIS : Existing law:
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
SB 169
Page
3
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 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.
This bill authorizes the head of an agency that employs
specified peace officers to issue identification in the
SB 169
Page
4
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, as specified. The bill also
authorizes the head of an agency to revoke identification
granted pursuant to those provisions in the event of misuse
or abuse.
This bill specifies 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" shall be clearly visible above, underneath, or on
the badge itself.
This bill specifies that the term "honorably retired" does
not include an officer who has agreed to a service
retirement in lieu of termination.
Prior Legislation
SB 1212 (Cox), which failed on the Senate Floor (12-20) on
5/12/08.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/16/09)
California State Sheriffs' Association
San Bernardino County Sheriff
California Conference of Arson Investigators
Riverside County Law Enforcement Administrators Association
ARGUMENTS IN SUPPORT : According to the author's office:
Current law provides that any person who willfully wears,
exhibits, or uses, or who willfully makes, sells, loans,
gives, or transfers to another, any badge, insignia,
emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the
use of one who by law is given the authority of a peace
SB 169
Page
5
officer is guilty of a misdemeanor.
This bill empowers the head of a local agency that employs
peace officers to bestow upon retirees an honorary badge,
emblem, device, label, certificate, card writing, or other
insignia that states that person's position as an honorable
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.
RJG:nl 7/16/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****