BILL NUMBER: SB 1337	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Morrell

                        FEBRUARY 19, 2016

   An act to amend Sections 830.37 and 30625 of the Penal Code,
relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1337, as introduced, Morrell. Peace officers: fire departments.

   Existing law establishes which persons are included and excluded
within the definition of peace officers. Existing law provides that
specified fire department, fire protection agency, and military
personnel are peace officers, and may carry firearms if authorized
and under terms and conditions specified by their employing agency.
Existing law authorizes specified state and local departments and
agencies to purchase assault weapons.
   This bill would provide that members of a fire department or fire
protection agency who are designated by their employing agency with a
responsibility for investigating or preventing terrorism are peace
officers and may carry firearms if authorized and under terms and
conditions specified by their employing agency. The bill would also
authorize fire departments and fire protection agencies to buy
assault weapons or .50 BMG rifles.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 830.37 of the Penal Code is amended to read:
   830.37.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency:
   (a) Members of an arson-investigating unit, regularly paid and
employed in that capacity, of a fire department or fire protection
agency of a county, city, city and county, district, or the state, if
the primary duty of these peace officers is the detection and
apprehension of persons who have violated any fire law or committed
insurance fraud.
   (b) Members other than members of an arson-investigating unit,
regularly paid and employed in that capacity, of a fire department or
fire protection agency of a county, city, city and county, district,
or the state, if the primary duty of these peace officers, when
acting in that capacity, is the enforcement of laws relating to fire
prevention or fire suppression.
   (c) Voluntary fire wardens as are designated by the Director of
Forestry and Fire Protection pursuant to Section 4156 of the Public
Resources Code, provided that the primary duty of these peace
officers shall be the enforcement of the law as that duty is set
forth in Section 4156 of the Public Resources Code.
   (d) Firefighter/security guards  employed  by the
Military Department, if the primary duty of the peace officer is the
enforcement of the law in or about properties owned, operated, or
administered by the employing agency or when performing necessary
duties with respect to patrons, employees, and properties of the
employing agency. 
   (e) Members of a fire department or fire protection agency of a
county, city, city and county, district, or the state, who are
designated by their employing agency with a responsibility for
investigating or preventing terrorism. 
  SEC. 2.  Section 30625 of the Penal Code is amended to read:
   30625.  Sections 30600, 30605, and 30610 do not apply to the sale
of an assault weapon or .50 BMG rifle to, or the purchase,
importation, or possession of an assault weapon or a .50 BMG rifle
by, the Department of Justice, police departments, sheriffs' offices,
marshals' offices, the Department of Corrections and Rehabilitation,
the Department of the California Highway Patrol, district attorneys'
offices, the Department of Fish and Wildlife, the Department of
Parks and Recreation,  or   fire departments or
fire protection agencies,  the military or naval forces of this
state or of the United States, or any federal law enforcement agency
for use in the discharge of their official duties.