BILL NUMBER: AB 703	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  MAY 8, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013
	AMENDED IN ASSEMBLY  MARCH 20, 2013

INTRODUCED BY   Assembly Member Hall
    (   Coauthor:   Senator   Knight
  ) 

                        FEBRUARY 21, 2013

   An act to amend Sections  16690,  25450, 25900,
and 26300 of the Penal Code, relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 703, as amended, Hall. Peace officers: firearms. 
   (1) 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.  
   (2) 
    (1)  Existing law requires a retired peace officer who
was authorized to, and did, carry a firearm during the course and
scope of employment as a peace officer to have an endorsement on his
or her identification certificate stating that the issuing agency
approves of the officer's carrying of a concealed and loaded firearm.
 Existing law provides that a retired peace officer may have the
privilege to carry a concealed and loaded firearm revoked or denied
by violating any departmental rule, or state or federal law that, if
violated by an officer on active duty, would result in that officer's
arrest, suspension, or removal from the agency. Existing law permits
an identification certificate authorizing the officer to carry a
concealed and loaded firearm or an endorsement on the certificate to
be immediately and temporarily revoked by the issuing agency when the
conduct of a retired peace officer compromises public  
safety. 
   This bill would make these provisions applicable to a retired
reserve officer if the retired reserve officer  satisfies the
above requirement,   carried a firearm during the
course and scope of his or her appointment,  was a level I
reserve officer, and served in the aggregate the minimum amount of
time as specified by the retiree's agency's policy as a level I
reserve peace officer. The bill would prohibit the policy from
setting an aggregate term requirement that is less than 10 years or
more than 20 years.  The bill would prohibit service as a reserve
officer, other than a level I reserve officer prior to January 1,
1997, from counting toward that aggregate term  
requirement. The bill would authorize a law enforcement agency to
revoke or deny an endorsement issued to a retired reserve peace
officer.  
   (3) 
    (2)  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  ,
  rather than employment,  as peace officers.
   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 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
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. 2.  SECTION 1.   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 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. 3.   SEC. 2.   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 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.   SEC. 3.   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 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 reserve officer as described in paragraph (1) of
subdivision (a) of Section 832.6, and he or she served in the
aggregate the minimum amount of time as specified by the retiree's
agency's policy as a level I reserve officer, provided that the
policy shall not set an aggregate term requirement that is less than
10 years or more than 20 years.  Service as a reserve officer,
other than a level I reserve officer prior to January 1, 1997, shall
not count toward the accrual of time required by this section. A law
enforcement agency shall have the discretion to revoke or deny an
endorsement issued under this subdivision pursuant to Section 26305.