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Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)

INTRODUCED BY Assembly Member Knight

FEBRUARY 17, 2011

An act to amend Sections 538d, 16690, 25450, 25900, and 26300 of
the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 829, as introduced, Knight. 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, as specified.
(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, and 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 provide that these provisions also apply to level
I and level II reserve officers, as specified, who have served at
least 15 years in the aggregate as a California reserve peace
officer.
(4) Various provisions of existing law state that the ban on the
carrying of concealed weapons does 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 exemption applies to honorably
retired peace officers who were authorized to carry firearms during
the course and scope of their appointment 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 538d of the Penal Code, as amended by Section
58 of Chapter 178 of the Statutes of 2010, 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 departmen
t's years of service requirement, and 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.