BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  AB 2506
          Author:   Salas (D)
          Amended:  As introduced
          Vote:     21

           
          SENATE PUBLIC SAFETY COMMITTEE  :  5-0, 6/17/14
          AYES:  Hancock, De Le�n, Liu, Mitchell, Steinberg
          NO VOTE RECORDED:  Anderson, Knight
           
          ASSEMBLY FLOOR  :  69-0, 5/8/14 - See last page for vote


           SUBJECT  :    Peace officers

           SOURCE  :     California Correctional Peace Officers Association


           DIGEST  :    This bill permits medical technical assistants (MTAs)  
          who are peace officers employed by the state hospitals to carry  
          firearms while off-duty.

           ANALYSIS  :    

          Existing law:

          1.Provides that every peace officer shall satisfactorily  
            complete a course of training prescribed by the Commission on  
            Peace Officer Standards and Training.  

          2.States MTAs are peace officers whose authority extends to any  
            place in the state while engaged in the performance of the  
            duties of their respective employment and for the purpose of  
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            carrying out the primary function of their employment.  

          3.Provides that a correctional officer employed by the  
            Department of Corrections and Rehabilitation (CDCR), or of  
            CDCR Division of Juvenile Justice, having custody of wards or  
            any employee of CDCR designated by the Secretary or any  
            correctional counselor series employee of CDCR or any MTA  
            series employee designated by the Secretary or designated by  
            the Secretary and employed by the Department of Mental Health  
            or any employee of the Board of Parole Hearings designated by  
            the Secretary or employee of CDCR, Division of Juvenile  
            Justice, designated by the Secretary or any superintendent,  
            supervisor, or employee having custodial responsibilities in  
            an institution operated by a probation department, or any  
            transportation officer of a probation department, may carry  
            firearms only if authorized and under those terms and  
            conditions specified by their employing agency.   

          4.Provides that the following persons may carry a firearm while  
            not on duty: a parole officer of the CDCR, or CDCR Division of  
            Juvenile Justice, a correctional officer or correctional  
            counselor employed by CDCR, or an employee of CDCR, Division  
            of Juvenile Justice, having custody of wards or any employee  
            of CDCR designated by the Secretary.  A parole officer of the  
            Juvenile Parole Board may carry a firearm while not on duty  
            only when so authorized by the chairperson of the Board and  
            only under the terms and conditions specified by the  
            chairperson.  The Director or chairperson may deny, suspend,  
            or revoke for good cause a person's right to carry a firearm  
            under this subdivision.  That person shall, upon request,  
            receive a hearing, as provided for in the negotiated grievance  
            procedure between the exclusive employee representative and  
            CDCR Division of Juvenile Justice, or the Juvenile Parole  
            Board, to review the Director's or the chairperson's decision.  
             

          This bill permits MTA series employees designated by the  
          Secretary of CDCR or designated by the Secretary and employed by  
          the Department of State Hospitals as peace officers authorized  
          to carry a firearm while not on duty.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No


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           SUPPORT  :   (Verified  6/18/14)

          California Correctional Peace Officers Association (source)

           OPPOSITION  :    (Verified  6/18/14)

          Taxpayers for Improving Public Safety

           ARGUMENTS IN SUPPORT  :    According to the author, "When current  
          law was amended to allow the Department of State Hospitals (DSH)  
          to employ Medical Technical Assistants (MTA's) directly (instead  
          of through an agreement with CDCR), the section allowing on-duty  
          carry was properly amended (Penal code section 830.5(b)),  
          however the parallel section authorizing off-duty carry was not  
          so amended."

           ARGUMENTS IN OPPOSITION  :    Taxpayers for Improving Public  
          Safety state, "As has been demonstrated so many times in the  
          last few weeks, too many people with too many guns are causing  
          too many shooting incidents.  The fear incidental to these  
          incidents causes individuals who should not be fearful to become  
          so, increasing the number of individuals carrying weapons in  
          public.  With each new class of individuals, irrational fear  
          grips those who would never need to be fearful to demand that  
          they also be allowed to possess weapons.  The final outcome is  
          innumerable individuals carrying weapons converting a free  
          society into a fearful armed camp."  
           
           ASSEMBLY FLOOR  :  69-0, 5/8/14
          AYES:  Achadjian, Alejo, Atkins, Bigelow, Bloom, Bocanegra,  
            Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,  
            Dahle, Daly, Dickinson, Donnelly, Fox, Frazier, Beth Gaines,  
            Garcia, Gatto, Gomez, Gonzalez, Gray, Grove, Hagman, Hall,  
            Harkey, Roger Hern�ndez, Holden, Jones, Jones-Sawyer, Levine,  
            Linder, Logue, Lowenthal, Maienschein, Medina, Melendez,  
            Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,  
            Perea, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,  
            Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,  
            Wilk, Williams, John A. P�rez
          NO VOTE RECORDED:  Allen, Ammiano, Eggman, Fong, Gordon, Gorell,  
            Mansoor, V. Manuel P�rez, Quirk, Yamada, Vacancy



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          JG:k  6/18/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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