BILL NUMBER: AB 703 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2013
AMENDED IN ASSEMBLY MARCH 20, 2013
INTRODUCED BY Assembly Member Hall
FEBRUARY 21, 2013
An act to amend Section 11346.3 of the Government Code,
relating to regulations Sections 538d, 16690, 25450,
25900, and 26300 of the Penal Code, relating to peace officers
.
LEGISLATIVE COUNSEL'S DIGEST
AB 703, as amended, Hall. Administrative Procedure Act:
adverse economic impact assessment. Peace officers:
firearms.
(1) Existing law authorizes the head of an agency employing
certain categories of peace officers to issue identification in the
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. Existing law
also permits these agencies to revoke this identification in the
event of misuse or abuse.
This bill would expand this authorization to any agency listed in
certain provisions of law, including the Department of Corrections
and Rehabilitation.
(2) Existing law defines "honorably retired" for purposes of
certain provisions of law involving the carrying of concealed weapons
as a peace officer who has qualified for, and has accepted, a
service or disability retirement.
This bill would instead define "honorably retired" for these
purposes as a peace officer who has met his or her department's years
of service requirement, or has accepted a separation of service or
disability retirement.
(3) Existing law requires a peace officer who was authorized, and
did, carry a firearm during the course and scope of employment as a
peace officer to have an endorsement on their identification
certificate stating that the issuing agency approves of the officer's
carrying of a concealed and loaded firearm.
This bill would make these provisions applicable to a retired
reserve officer if the retired reserve officer satisfies the above
requirement, was a level I and level II reserve officer, and served
at least 15 years in the aggregate as a California reserve peace
officer.
(4) Under existing law, the prohibitions on carrying a concealed
weapon and on carrying a loaded firearm do not apply to honorably
retired peace officers who were authorized to carry firearms during
the course and scope of their employment as peace officers.
This bill would state that the above exemption applies to
honorably retired peace officers who were authorized to carry
firearms during the course and scope of their appointment as peace
officers.
Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of regulations by
state agencies and for the review of those regulatory actions by the
Office of Administrative Law. Existing law requires an agency
proposing to take specified regulatory actions relating to a
regulation that is not a major regulation, as defined, or that is a
major regulation proposed before November 1, 1993, to perform an
economic impact assessment of that action on businesses and
individuals, as specified.
This bill would require a state agency to include in its economic
impact assessment whether and to what extent the regulatory action
would affect the incentives for innovation in products, materials, or
processes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 538d of the Penal
Code is amended to read:
538d. (a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent 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.
(b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent 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 two thousand dollars ($2,000), or by both
that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of a peace officer, or which so resembles the authorized
badge of a peace officer as would deceive any ordinary reasonable
person into believing that it is authorized for the use of one who by
law is given the authority of a peace officer, 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 two thousand dollars
($2,000), or by both that imprisonment and fine.
(c) Except as provided in subdivision (d), 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 officer, or which so resembles the authorized
badge, insignia, emblem, device, label, certificate, card, or writing
of a peace officer as would deceive an ordinary reasonable person
into believing that it is authorized for the use of one who by law is
given the authority 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 fifteen thousand dollars ($15,000).
(d) (1) The head of an agency that employs peace
officers, as defined in Sections 830.1 and 830.2
listed in Sections 830.1 to 830.6, inclusive , is authorized to
issue identification in the 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. The identification authorized pursuant to
this subdivision is separate and distinct from the identification
authorized by Article 2 (commencing with Section 25450) of Chapter 2
of Division 5 of Title 4 of Part 6.
(2) 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.
(3) The head of an agency that employs peace officers as
defined in Sections 830.1 and 830.2 listed in Sections
830.1 to 830.6, inclusive, is authorized to revoke
identification granted pursuant to this subdivision in the event of
misuse or abuse.
(4) For the purposes of this subdivision, the term "honorably
retired" does not include an officer who has agreed to a service
retirement in lieu of termination.
(e) (1) Vendors of law enforcement uniforms shall verify that a
person purchasing a uniform identifying a law enforcement agency is
an employee of the agency identified on the uniform. Presentation and
examination of a valid identification card with a picture of the
person purchasing the uniform and identification, on the letterhead
of the law enforcement agency, of the person buying the uniform as an
employee of the agency identified on the uniform shall be sufficient
verification.
(2) Any uniform vendor who sells a uniform identifying a law
enforcement agency, without verifying that the purchaser is an
employee of the agency, is guilty of a misdemeanor, punishable by a
fine of not more than one thousand dollars ($1,000).
(3) This subdivision shall not apply if the uniform is to be used
solely as a prop for a motion picture, television, video production,
or a theatrical event, and prior written permission has been obtained
from the identified law enforcement agency.
SEC. 2. Section 16690 of the Penal Code
is amended to read:
16690. As used in Sections 25650 and 26020, Article 2 (commencing
with Section 25450) of Chapter 2 of Division 5 of Title 4, and
Article 3 (commencing with Section 25900) of Chapter 3 of Division 5
of Title 4, "honorably retired" includes any peace officer who has
qualified for, and has accepted, a met his or
her department's years of service requirement, or has accepted a
separation of service or disability retirement. As used in
those provisions, "honorably retired" does not include an officer who
has agreed to a service retirement in lieu of termination.
SEC. 3. Section 25450 of the Penal Code
is amended to read:
25450. As provided in this article, Section 25400 does not apply
to, or affect, any of the following:
(a) Any peace officer, listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired.
(b) Any other duly appointed peace officer.
(c) Any honorably retired peace officer listed in subdivision (c)
of Section 830.5.
(d) Any other honorably retired peace officer who during the
course and scope of employment his or her
appointment as a peace officer was authorized to, and did,
carry a firearm.
(e) Any full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California.
(f) Any person summoned by any of these officers to assist in
making arrests or preserving the peace while the person is actually
engaged in assisting that officer.
SEC. 4. Section 25900 of the Penal Code
is amended to read:
25900. As provided in this article, Section 25850 does not apply
to any of the following:
(a) Any peace officer, listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired.
(b) Any other duly appointed peace officer.
(c) Any honorably retired peace officer listed in subdivision (c)
of Section 830.5.
(d) Any other honorably retired peace officer who during the
course and scope of employment his or her
appointment as a peace officer was authorized to, and did,
carry a firearm.
(e) Any full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California.
(f) Any person summoned by any of these officers to assist in
making arrests or preserving the peace while the person is actually
engaged in assisting that officer.
SEC. 5. Section 26300 of the Penal Code
is amended to read:
26300. (a) Any peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5 who retired prior to January 1,
1981, is authorized to carry a concealed and loaded firearm if the
agency issued the officer an identification certificate and the
certificate has not been stamped as specified in Section 25470.
(b) Any peace officer employed by an agency and listed in Section
830.1 or 830.2 or subdivision (c) of Section 830.5 who retired after
January 1, 1981, shall have an endorsement on the officer's
identification certificate stating that the issuing agency approves
the officer's carrying of a concealed and loaded firearm.
(c) (1) Any peace officer not listed in
subdivision (a) or (b) who was authorized to, and did, carry a
firearm during the course and scope of employment
his or her appointment as a peace officer shall have an
endorsement on the officer's identification certificate stating that
the issuing agency approves the officer's carrying of a concealed and
loaded firearm.
(2) This subdivision applies to a retired reserve officer if the
retired reserve officer satisfies the requirements of paragraph (1),
was a level I or level II reserve officer as described in paragraph
(1) or (2) of subdivision (a) of Section 832.6, and he or she served
at least 15 years in the aggregate as a California reserve peace
officer.
SECTION 1. Section 11346.3 of the Government
Code is amended to read:
11346.3. (a) State agencies proposing to adopt, amend, or repeal
any administrative regulation shall assess the potential for adverse
economic impact on California business enterprises and individuals,
avoiding the imposition of unnecessary or unreasonable regulations or
reporting, recordkeeping, or compliance requirements. For purposes
of this subdivision, assessing the potential for adverse economic
impact shall require agencies, when proposing to adopt, amend, or
repeal a regulation, to adhere to the following requirements, to the
extent that these requirements do not conflict with other state or
federal laws:
(1) The proposed adoption, amendment, or repeal of a regulation
shall be based on adequate information concerning the need for, and
consequences of, proposed governmental action.
(2) The state agency, prior to submitting a proposal to adopt,
amend, or repeal a regulation to the office, shall consider the
proposal's impact on business, with consideration of industries
affected including the ability of California businesses to compete
with businesses in other states. For purposes of evaluating the
impact on the ability of California businesses to compete with
businesses in other states, an agency shall consider, but not be
limited to, information supplied by interested parties.
(3) An economic assessment prepared pursuant to this subdivision
for a proposed regulation that is not a major regulation or that is a
major regulation proposed prior to November 1, 2013, shall be
prepared in accordance with subdivision (b). An economic assessment
prepared pursuant to this subdivision for a major regulation proposed
on or after November 1, 2013, shall be prepared in accordance with
subdivision (c), and shall be included in the initial statement of
reasons as required by Section 11346.2.
(b) (1) All state agencies proposing to adopt, amend, or repeal a
regulation that is not a major regulation or that is a major
regulation proposed prior to November 1, 2013, shall prepare an
economic impact assessment that assesses whether and to what extent
it will affect the following:
(A) The creation or elimination of jobs within the state.
(B) The creation of new businesses or the elimination of existing
businesses within the state.
(C) The expansion of businesses currently doing business within
the state.
(D) The benefits of the regulation to the health and welfare of
California residents, worker safety, and the state's environment.
(E) The incentives for innovation in products, materials, or
processes.
(2) This subdivision does not apply to the University of
California, the Hastings College of the Law, or the Fair Political
Practices Commission.
(3) Information required from state agencies for the purpose of
completing the assessment may come from existing state publications.
(c) (1) Each state agency proposing to adopt, amend, or repeal a
major regulation on or after November 1, 2013, shall prepare a
standardized regulatory impact analysis in the manner prescribed by
the Department of Finance pursuant to Section 11346.36. The
standardized regulatory impact analysis shall address all of the
following:
(A) The creation or elimination of jobs within the state.
(B) The creation of new businesses or the elimination of existing
businesses within the state.
(C) The competitive advantages or disadvantages for businesses
currently doing business within the state.
(D) The increase or decrease of investment in the state.
(E) The incentives for innovation in products, materials, or
processes.
(F) The benefits of the regulations, including, but not limited
to, benefits to the health, safety, and welfare of California
residents, worker safety, and the state's environment and quality of
life, among any other benefits identified by the agency.
(2) This subdivision shall not apply to the University of
California, the Hastings College of the Law, or the Fair Political
Practices Commission.
(3) Information required from state agencies for the purpose of
completing the analysis may be derived from existing state, federal,
or academic publications.
(d) Any administrative regulation adopted on or after January 1,
1993, that requires a report shall not apply to businesses, unless
the state agency adopting the regulation makes a finding that it is
necessary for the health, safety, or welfare of the people of the
state that the regulation apply to businesses.
(e) Analyses conducted pursuant to this section are intended to
provide agencies and the public with tools to determine whether the
regulatory proposal is an efficient and effective means of
implementing the policy decisions enacted in statute or by other
provisions of law in the least burdensome manner. Regulatory impact
analyses shall inform the agencies and the public of the economic
consequences of regulatory choices, not reassess statutory policy.
The baseline for the regulatory analysis shall be the most
cost-effective set of regulatory measures that are equally effective
in achieving the purpose of the regulation in a manner that ensures
full compliance with the authorizing statute or other law being
implemented or made specific by the proposed regulation.
(f) Each state agency proposing to adopt, amend, or repeal a major
regulation on or after November 1, 2013, and that has prepared a
standardized regulatory impact analysis pursuant to subdivision (c),
shall submit that analysis to the Department of Finance upon
completion. The department shall comment, within 30 days of receiving
that analysis, on the extent to which the analysis adheres to the
regulations adopted pursuant to Section 11346.36. Upon receiving the
comments from the department, the agency may update its analysis to
reflect any comments received from the department and shall summarize
the comments and the response of the agency along with a statement
of the results of the updated analysis for the statement required by
paragraph (10) of subdivision (a) of Section 11346.5.