Bill Text: CA SB303 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Peace officers: identification certificates: concealed weapon endorsement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-08-26 - Chaptered by Secretary of State. Chapter 149, Statutes of 2013. [SB303 Detail]

Download: California-2013-SB303-Amended.html

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BILL NUMBER: SB 303	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 21, 2013

INTRODUCED BY   Senator Knight

                        FEBRUARY 15, 2013

   An act to amend  Section   Sections 
25905  , 25915, 25920, and 25925  of the Penal Code,
relating to peace officers.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 303, as amended, Knight. Peace officers: identification
certificates  : concealed weapon endorsement  .
   Existing law requires that any peace officer who has been
honorably retired be issued an identification certificate by the law
enforcement agency from which the officer has retired.
   This bill would require that if the agency from which the officer
has retired is no longer providing law enforcement services or the
relevant governmental body is  unincorporated  
dissolved  , the agency that subsequently provides law
enforcement services for that jurisdiction shall issue the
identification certificate to that peace officer  , if prescribed
conditions are met, and would make   conforming changes
 .
    By imposing additional duties on local law enforcement agencies,
this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25905 of the Penal Code is amended to read:
   25905.  (a)  (1)    Any peace officer described
in Section 25900 who has been honorably retired shall be issued an
identification certificate by the law enforcement agency from which
the officer has retired.  If 
    (2)     If  the agency from which the
officer has retired is no longer providing law enforcement services
or the relevant governmental body is  unincorporated
  dissolved  , the agency that subsequently
provides law enforcement services for that jurisdiction shall issue
the identification certificate to that peace officer.  This
paragraph shall apply only if the following conditions are met: 

   (A) The successor agency is in possession of the retired officer's
complete personnel records or can otherwise verify the retired
officer's honorably retired status.  
   (B) The retired officer is in compliance with all the requirements
of the successor agency for the issuance of a retirement
identification card and concealed weapon endorsement. 
   (b) The issuing agency may charge a fee necessary to cover any
reasonable expenses incurred by the agency in issuing certificates
pursuant to Sections 25900, 25910, 25925, and this section.
   (c) Any officer, except an officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall have an
endorsement on the identification certificate stating that the
issuing agency approves the officer's carrying of a loaded firearm.
   (d) An honorably retired peace officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall not be
required to obtain an endorsement from the issuing agency to carry a
loaded firearm.
   SEC. 2   .    Section   25915 of
the   Penal Code   is amended to read: 
   25915.  Every five years, a retired peace officer, except an
officer listed in Section 830.1 or 830.2, subdivision (a) of Section
830.33, or subdivision (c) of Section 830.5 who retired prior to
January 1, 1981, shall petition the issuing agency  , or a
successor agency pursuant to paragraph (2) of subdivision (a) of
Section 25905,  for renewal of the privilege to carry a loaded
firearm.
   SEC. 3.    Section 25920 of the   Penal Code
  is amended to read: 
   25920.  (a) The agency from which a peace officer is honorably
retired  , or a successor agency pursuant to paragraph (2) of
subdivision (a) of Section 25905,  may, upon initial retirement
of the peace officer, or at any time subsequent thereto, deny or
revoke for good cause the retired officer's privilege to carry a
loaded firearm.
   (b) A peace officer who is listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who is retired prior to January 1, 1981, shall have the
privilege to carry a loaded firearm denied or revoked by having the
agency from which the officer retired  ,   or a
successor agency pursuant to paragraph (2) of subdivision (a) of
Section 25905,  stamp on the officer's identification
certificate "No CCW privilege."
   SEC.   4.    Section   25925 of the
  Penal Code   is amended to read: 
   25925.  (a) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry a loaded
firearm by this article shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
   (b) The individual retired peace officer shall be responsible for
maintaining eligibility to carry a loaded firearm.
   (c) The Department of Justice shall provide subsequent arrest
notification pursuant to Section 11105.2 regarding honorably retired
peace officers listed in subdivision (c) of Section 830.5 to the
agency from which the officer has retired  , or a successor 
 agency pursuant to paragraph (2) of subdivision (a) of Section
25905  .
   SEC. 2.   SEC. 5.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has
the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by
this act, within the meaning of Section 17556 of the Government Code.