Bill Text: CA SB52 | 2009-2010 | Regular Session | Chaptered
Bill Title: Public Safety Officer Medal of Valor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 553, Statutes of 2009. [SB52 Detail]
Download: California-2009-SB52-Chaptered.html
BILL NUMBER: SB 52 CHAPTERED
BILL TEXT
CHAPTER 553
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 17, 2009
PASSED THE ASSEMBLY JULY 9, 2009
AMENDED IN ASSEMBLY JUNE 26, 2009
AMENDED IN SENATE MAY 18, 2009
AMENDED IN SENATE APRIL 22, 2009
INTRODUCED BY Senator Correa
JANUARY 14, 2009
An act to repeal Sections 3404 and 3405 of, and to repeal and add
Sections 3401, 3402, and 3403 of, the Government Code, relating to
the Public Safety Officer Medal of Valor.
LEGISLATIVE COUNSEL'S DIGEST
SB 52, Correa. Public Safety Officer Medal of Valor.
The Public Safety Officer Medal of Valor Act establishes the Medal
of Valor Review Board that recommends candidates to the Attorney
General for the Medal of Valor from among the applications received
by the board. Existing law prohibits the board from meeting more than
once each year or from recommending any more than 5 candidates to
the Attorney General. The act authorizes the Attorney General to
increase the number of candidates in a given year in extraordinary
cases.
The Public Safety Officer Medal of Valor Act authorizes the
Governor to annually award and present in the name of the State of
California a Medal of Valor to one public safety officer, as defined,
who is cited by the Attorney General, upon the recommendation of the
board, for extraordinary valor above and beyond the call of duty. In
exceptional circumstances, the Governor is authorized to award more
than one Medal of Valor in a year. The Medal of Valor is the highest
state award for valor awarded to a public safety officer.
This bill would remove the limit on the number of candidates that
the board may recommend. The bill would also eliminate the provisions
that prohibit the board from meeting more than once a year. The bill
would also authorize the Governor to award and present the Medal of
Valor to one or more public safety officers, as specified. The bill
would specifically provide that the costs incurred by members and
witnesses shall not be paid by the state, and would prohibit the
board from holding hearings or having witnesses if donated funds are
not available.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3401 of the Government Code is repealed.
SEC. 2. Section 3401 is added to the Government Code, to read:
3401. The Governor annually may award and present, in the name of
the State of California, a Public Safety Medal of Valor of
appropriate design, with ribbons and appurtenances, to one or more
public safety officers cited by the Attorney General pursuant to
Section 3402 for extraordinary valor above and beyond the call of
duty. The medal shall be the highest state award for valor awarded to
a public safety officer, which includes any person serving a public
agency, with or without compensation, as a firefighter, a law
enforcement officer, including a corrections or court officer or a
civil defense officer, or an emergency services officer.
SEC. 3. Section 3402 of the Government Code is repealed.
SEC. 4. Section 3402 is added to the Government Code, to read:
3402. (a) There exists in state government the Public Safety
Medal of Valor Review Board, whose purpose is to solicit and review
applications for, and make recommendations to the Attorney General
regarding, the Public Safety Medal of Valor.
(b) The board shall be comprised of one representative selected by
each of the following organizations:
(1) The California Association of Highway Patrolmen.
(2) The California Coalition of Law Enforcement Associations.
(3) The California Correctional Peace Officers Association.
(4) The California Peace Officers' Association.
(5) The California Police Chiefs' Association.
(6) The California Professional Firefighters.
(7) The California State Firefighters' Association.
(8) The California State Sheriffs' Association.
(9) The California Statewide Law Enforcement Association.
(10) The Peace Officers Research Association of California.
(11) A group, selected by the board, that represents emergency
medical technicians and paramedics.
(c) The board shall be chaired by a member elected by a majority
vote of the members at the first official meeting of the board each
year. The board shall meet at the call of the chair. Members shall
serve without compensation or reimbursement for travel, per diem, or
other expenses, and they shall minimize travel and expenses to the
greatest extent possible. Any cost incurred by a member as a result
of serving as a member shall not be paid by the state.
(d) The board shall review the applications for the medal to
determine which applicants, if any, to recommend to the Attorney
General. The board may hear from witnesses and consider whatever
information it considers advisable to carry out its duties. The board
may secure directly from any state department, or other state or
local agency, information as the board considers necessary to carry
out its duties. Upon the request of the board, the head of a
department or agency may furnish information to the board. The board
shall not disclose any information that may compromise an ongoing law
enforcement investigation or is otherwise required by law to be kept
confidential.
(e) Not more often than once each year, the board may present to
the Attorney General the name or names of those persons, if any, it
recommends as candidates for the medal.
(f) The board may receive donations to pay for meeting and witness
expenses. Witnesses requested to appear before the board may be paid
no more than the fees paid to witnesses pursuant to the Code of
Civil Procedure. The per diem and mileage allowance may be paid from
funds donated to the board and shall not be paid by the state. If
donated funds are not available to the board, the board shall not
hold hearings or have witnesses.
SEC. 5. Section 3403 of the Government Code is repealed.
SEC. 6. Section 3403 is added to the Government Code, to read:
3403. (a) The Attorney General shall review the candidates
recommended to him or her by the Public Safety Medal of Valor Review
Board and advise the Governor which candidates, if any, merit the
Attorney General's citation for extraordinary valor above and beyond
the call of duty.
(b) The Attorney General shall pay for the production of the
medals from existing resources within the Department of Justice.
SEC. 7. Section 3404 of the Government Code is repealed.
SEC. 8. Section 3405 of the Government Code is repealed.
