April 2007
The following are legislative bills introduced this year. COPS has taken a position on each bill as indicated.
Bill Hemby
Director of Legislative Affairs
CA AB 24
Richardson (D)
Vehicles: Police Pursuit
Specifies that willful or wanton disregard for the safety of a person or property includes driving or eluding a pursuing peace officer within a school zone or within a residence district, if the driver flees or attempts to elude for more than one mile in that residence.
district Notes: Letter Sent
Commentary:Notification Sent
Position: Support
Subject: Police, Traffic
04/10/2007:
From ASSEMBLY Committee on PUBLIC SAFETY:Do pass to Committee on TRANSPORTATION.
CA AB 88
Lieu (D)
Pupil Instruction: Internet Safety Resources
Requires the Department of Education to develop and maintain a comprehensive list of Internet safety resources for use by local educational agencies. Provides the list would be required to include specified subjects on Internet safety. Requires the department to distribute, and make available on its Internet Web site, the list to local education agencies. Authorizes a local educational agency to incorporate the resources into the agency's existing curricula.
Notes: Letter Sent
Position: Support
Subject: Public Safety
03/28/2007:
From ASSEMBLY Committee on EDUCATION: Do pass to Committee on APPROPRIATIONS.
CA AB 115
Horton (R)
Sex Offenders: Registration
Requires the information required for registration or reregistration by a sex offender include all e-mail addresses, Internet service providers, and instant messaging identities that may be used by that person. Requires a registering person to notify certain law enforcement personnel within 5 days of changes or additions in Internet service providers. Requires the registering agency to submit the required information regarding Internet services to the Department of Justice Violent Crime Information Network.
Position: Support
Subject: Crime, Public Safety
03/14/2007:
From ASSEMBLY Committee on PUBLIC SAFETY with author's amendments.In ASSEMBLY. Read second time and amended. Re-referred to Committee on PUBLIC SAFETY.
CA AB 129
Emmerson (R)
Imitation Firearms
Makes it a crime for a person to draw or exhibit an imitation firearm in a threatening manner at a peace officer, in such a way to cause a reasonable person apprehension or fear of bodily harm, and makes a violation of the offense a misdemeanor, punishable by imprisonment in the county jail for not less than 90 days. Makes it a crime for a person to draw or exhibit an imitation firearm at a peace officer with the specific intent to resist or prevent arrest.
Commentary:MisD. to threaten a peace officers with a fake gun.
Letter Sent
Position: Support
Subject: Crime, Peace-Off, Weapons
03/28/2007:
In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File.
CA AB 166
Bass (D)
Public Safety Personnel: Presumption: Infections
Relates to existing law which defines injury in the case of state and local firefighting and law enforcement personnel, for purposes of workers' compensation. Expands the scope of this provision to include any methicillin resistant staphylococcus (MSRA) or Staph/MSRA skin infection.
Commentary:Adds MSRA or Staph/MSRA skin infection as a Workers Comp presumption.
Letter Sent
Position: Support
Subject: Healthcare, Police, WorkComp
04/11/2007:
From ASSEMBLY Committee on INSURANCE: Do pass as amended to Committee on APPROPRIATIONS.
CA AB 219
Jeffries (R)
Disability Retirement: Medical Examinations
Provides that if a recipient of a disability retirement allowance who is over the minimum age for voluntary retirement refuses to submit to a medical examination, the pension portions of his or her allowance may be discontinued until the withdrawal of the refusal.Notes: Letter SentCommentary:This bill would require any local safety member who has retired with a disability retirement after he or she has attained retriement age, to submit to a medical examination, if that person has not been retired 36 months. It allows 2 medical exams in 36 months
Position: Oppose
Subject: Peace-Off, WorkComp
02/09/2007:
To ASSEMBLY Committee on PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY.
CA AB 220
Bass (D)
Firefighters
Enacts the Firefighters Procedural Bill of Rights Act to prescribe various rights of firefighters including a firefighter who is a paramedic or emergency medical technician. Prescribes the rights related to, among others, political activity, interrogation, punitive action, and administrative appeals.Notes: Leter SentCommentary:This bill creates the Firefighters Bill of Rights Act. It follows almost word for word POBRA.
Position: Support
Subject: Labor
03/28/2007:
From ASSEMBLY Committee on PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY: Do pass to Committee on APPROPRIATIONS.
CA AB 229
Strickland (R)
Prohibited Weapons
Makes it a misdemeanor or felony to bring or possess a box cutter, an exact type of knife, or an open air soft gun upon school grounds. Expands a prohibition on instruments that expel metallic projectiles.
Notes: Letter Sent
Position: Support
Subject: Crime
04/10/2007:
From ASSEMBLY Committee on PUBLIC SAFETY: Do pass as amended to Committee on APPROPRIATIONS.
CA AB 275
Soto (D)
Public Employees: Retirement: Disability
Relates to the Public Employees' Retirement Law which provides a formula for calculating the retirement allowance for a local safety member for industrial disability. Provides a different method for calculating the disability retirement allowance of specified local safety members.Commentary:Sets up 3 formulas for calculating a disability retirement for safety members: (a) 50% of the member's final compensation, plus an annuity purchased with accumulated contributions, if any, (b) a service retirement allowance, if the member is qualified for service retirement, or (c) 3% or 2.4%, for specified members, of the member's final compensation, multiplied by the difference of one minus 0.01 for each quarter year that the member's service age is less than 50 years, multiplied by the number of years of local safety service, as specified, if the member is not qualified for service retirement.
02/16/2007:
To ASSEMBLY Committee on PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY.
CA AB 325
Nava (D)
Peace Officers: Recruitment
Creates the Peace Officer Recruitment and Retention Commission to make specified recommendations to the Governor and Legislature, and develop and implement a pilot program in specified counties to create a media campaign that advertises and markets the benefits and rewards of a career in law enforcement. Requires the commission to coordinate the tracking of the number of new applicants to the field of law enforcement.Commentary:Sets up a commission to assist with recruitment. PORAC, State Sheriffs, etc on the 8 member commission
Position: Neutral
Subject: Labor, Peace-Off
03/27/2007:
From ASSEMBLY Committee on PUBLIC SAFETY: Do pass to Committee on APPROPRIATIONS.
CA AB 337
Dymally (D)
Controlled Substances: Cocaine Penalties
Provides that every person who possesses for sale or purchases for purposes of sale either cocaine base or cocaine powder shall be punished by imprisonment in the state prison for 2, 3, or 4 years. Provides that the interest of any registered owner of a boat, airplane, or any vehicle used as an instrument to facilitate the manufacture of, or possession for sale or sale of, 28.5 grams or more of either cocaine base or powder is subject to forfeiture.
Position: Support
Subject: Crime
04/10/2007:
In ASSEMBLY Committee on PUBLIC SAFETY: Heard, remains in Committee.
CA AB 379
Galgiani (D)
Crimes: Children
Provides an increased penalty for any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of that person or the child.
Position: Support
Subject: Crime
03/29/2007:
To ASSEMBLY Committee on PUBLIC SAFETY.From ASSEMBLY Committee on PUBLIC SAFETY with author's amendments.In ASSEMBLY. Read second time and amended. Re-referred to Committee on PUBLIC SAFETY.
CA AB 487
Garcia (R)
Parole: Sex Offenders: Specialized Supervision
Places persons committed to prison for a sexual offense against a minor under the age of 14 years on intensive and specialized parole supervision. Provides for a continuous appropriation to the Department of Corrections and Rehabilitation for the purpose of recruiting, hiring, training, and equipping new parole officers to supervise parolees who have committed a sex offense against a minor under the age of 14 years.
Position: Support
Subject: Crime
04/10/2007:
From ASSEMBLY Committee on PUBLIC SAFETY: Do pass to Committee on APPROPRIATIONS.
CA AB 506
Lieu (D)
Battery: Code Enforcement Officer
Provides that if a battery is committed against a code enforcement officer, and an injury is inflicted on the victim, the battery is punishable by a fine, imprisonment in a county jail not exceeding one year, or by both.
Position: Support
Subject: Crime
03/27/2007:
From ASSEMBLY Committee on PUBLIC SAFETY: Do pass to Committee on APPROPRIATIONS.
CA AB 621
Smyth (R)
Universities: Reserve Peace Officers
Authorizes the trustees of the California State University and the Regents of the University of California to establish reserve peace officer programs to supplement their respective police departments.
Position: Watch
Subject: Labor, Peace-Off
03/01/2007:
To ASSEMBLY Committee on PUBLIC SAFETY.
CA AB 805
Galgiani (D)
Firearms
Deletes the requirement that a peace officer's address appear on the certificate evidencing the officer's license to carry concealed handguns. Requires that a requested hearing by a retired peace officer who has been denied a certificate to carry a concealed and loaded firearm occur within 60 days following the agency's receipt of the retired officer's request for such hearing.
Commentary: Prohibits certain 830 from CCW's
Position: Watch
Subject: Peace-Off, Retirement, Weapons
03/29/2007:
In ASSEMBLY. Read second time. To Consent Calendar.
CA AB 849
Nakanishi (R)
Public Safety Training Facilities
Establishes the Public Safety Training Facilities Grant Program, to be administered by the Office of Emergency Services. Provides grants for training police, sheriff, and fire department personnel in counties with an average population density not exceeding 500 persons per square mile.
Commentary:OES training grant program for small counties, priotitizes community colleges
Position: Neutral
Subject: Peace-Off, Public Safety, Training
03/15/2007:
To ASSEMBLY Committee on PUBLIC SAFETY.
CA AB 896
Silva (R)
Public Officers: Discovery: Personnel Records
Requires every department or agency that employs certain public officers who are not peace officers but who exercise the powers of arrest, to establish procedures for investigating public complaints against those officers and to maintain those files in a specified manner.
Commentary:adds Public Officers to protected personnel files
Position: Support
Subject: Labor, Public Safety
03/12/2007:
To ASSEMBLY Committee on PUBLIC SAFETY.
CA AB 920
Brownley (D)
Peace Officers' Misuse of Information
Makes any peace officer who exchanges information obtained by the peace officer in the course of the peace officer's duties for compensation or consideration guilty of a misdemeanor. Makes any person who solicits a peace officer to exchange information guilty of a misdemeanor.Commentary:Makes any peace officer who exchanges information obtained in the course and scope of duty for money guilty of a misdemeanor. Brings up issues such as collective bargaining, IA's and writing books, etc. too broad
Position: Oppose
Subject: Labor, Peace-Off
04/10/2007:
From ASSEMBLY Committee on PUBLIC SAFETY: Do pass to Committee on APPROPRIATIONS.
CA AB 988
Calderon C (D)
Federal Homeland Security Grant Funds
Authorizes the Department of Homeland Security and the Office of Emergency Services to grant priority to training of local law enforcement personnel in the allocation of funds from applicable federal homeland security grants.Commentary:This is a COPS bill on Homeland Security Priorities
Position: Support
Subject: Peace-Off, Training
Subject2: Terrorism
03/12/2007:
To ASSEMBLY Committee on GOVERNMENTAL ORGANIZATION.
CA AB 1029
Caballero (D)
Law Enforcement: Apprenticeship Program
Establishes the law enforcement apprenticeship program to be administered by the Department of Education. Requires the department to develop a process through which nonprofit education foundations may apply for grants pursuant to the program and to award grants to nonprofit education foundations that demonstrate the ability to complete program related tasks.Commentary:This is a COPS bill dealing with L.E.A.P.
Position: Support
Subject: Peace-Off, Training
03/29/2007:
To ASSEMBLY Committee on EDUCATION.From ASSEMBLY Committee on EDUCATION with author's amendments.In ASSEMBLY. Read second time and amended. Re-referred to Committee on EDUCATION.
CA AB 1033
Caballero (D)
Contributing to the Delinquency of a Minor
Provides that any person who causes or induces a minor to become a member of a criminal street gang is guilty of a misdemeanor.
Position: Support
Subject: Crime, Juvenile
04/10/2007:
From ASSEMBLY Committee on PUBLIC SAFETY: Do pass as amended to Committee on APPROPRIATIONS.
CA AB 1082
Garrick (R)
Law Enforcement
Relates to existing federal law that authorizes specified state and local officials to perform certain functions related to enforcement of immigration laws if they receive training and other conditions are met. Requires the Director of Homeland Security to administer a program to reimburse local law enforcement agencies an amount equal to the prorated salary of any officer for the time that the officer attends specified training related to enforcement of immigration laws.
Position: Support
Subject: Peace-Off
Subject2: Terrorism
04/10/2007:
From ASSEMBLY Committee on PUBLIC SAFETY with author's amendments.In ASSEMBLY. Read second time and amended. Re-referred to Committee on PUBLIC SAFETY.
CA AB 1197
Aghazarian (R)
Sex Offenders: Housing
Provides that the denial or termination of tenancy of a person who has been convicted of the commission or attempted commission of specified sex offenses would be presumed to protect a person at risk.
Position: Support
Subject: Crime, Public Safety
04/10/2007:
From ASSEMBLY Committee on PUBLIC SAFETY with author's amendments.In ASSEMBLY. Read second time and amended. Re-referred to Committee on PUBLIC SAFETY.
CA AB 1564
Nava (D)
Emergency Services
Amends existing law which ratifies, approves, and sets forth the provisions of the Emergency Management Assistance Compact, an interstate agreement that provides for mutual assistance between states in responding to emergencies and disasters. Prohibits this state from giving or receiving assistance for any condition resulting from a labor controversy.
Position: Support
Subject: Labor, Peace-Off
03/28/2007:
From ASSEMBLY Committee on GOVERNMENTAL ORGANIZATION: Do pass to Committee on APPROPRIATIONS.
CA AB 1648
Leno (D)
Peace Officer Records
Provides that the confidentiality of peace officer records does not apply to specified government bodies that review the investigations, findings, or employment actions of a department of agency. Makes specified information in certain disciplinary records pertaining to peace officers available to the public.Commentary: This bill allow information to be released to a complainant if an officer is found guilty of an IA investigation:(1) The name and badge number of the subject officer. (2) The name and current address of the complainant, unless the complainant requests that they be kept confidential. (3) A summary of the factual allegations contained in the complaint or other charging document. (4) The charges brought against the officer. (5) The factual findings with respect to the conduct at issue. (6) The discipline imposed or corrective action taken.
Position: Neutral
Subject: Labor, Peace-Off
04/10/2007:
From ASSEMBLY Committee on PUBLIC SAFETY with author's amendments.In ASSEMBLY. Read second time and amended. Re-referred to Committee on PUBLIC SAFETY.
CA SB 33
Simitian (D)
Vehicles: Wireless Telephones and Mobile Service
Prohibits a person under the age of 18 years from driving a motor vehicle using a wireless telephone equipped with a hands-free device or while using a mobile service device. Provides that the prohibition would not apply to a person using a wireless telephone or mobile service device for emergency purposes.
Position: Support
Subject: Juvenile, Traffic
03/27/2007:
From SENATE Committee on TRANSPORTATION AND HOUSING: Do pass to Committee on APPROPRIATIONS.
CA SB 154
Cedillo (D)
Workers' Compensation: Temporary Disability
Provides that the 2-year limit on the payment of temporary disability under the existing workers' compensation law shall not apply to certain volunteer and paid law enforcement and firefighting employees.
Position: Support
Subject: Peace-Off, WorkComp
03/28/2007:
From SENATE Committee on LABOR AND INDUSTRIAL RELATIONS: Do pass to Committee on APPROPRIATIONS.
CA SB 230
Yee (D)
Police Protection Districts
Provides that a police protection district's police department, its chief of police, and its employees, shall have all the rights, duties, privileges, immunities, obligations, and powers of a municipal police department. Authorizes the district board to delegate to the chief of police the authority to appoint and dismiss district employees.
Position: Support
Subject: Labor, Police
03/29/2007:
Withdrawn from SENATE Committee on RULES.Re-referred to SENATE Committee on PUBLIC SAFETY.
CA SB 266
Steinberg (D)
Motor Vehicle Speed Contest: Forfeiture
Amends existing law that makes a motor vehicle speed contest subject to a one-day to 30-day impoundment. Allows a county or city to adopt an ordinance providing for declaring those vehicles a nuisance subject to forfeiture and specify provisions that the ordinance must contain.
Position: Support
Subject: Crime, Traffic
04/11/2007:
From SENATE Committee on PUBLIC SAFETY with author's amendments.In SENATE. Read second time and amended. Re-referred to Committee on PUBLIC SAFETY.
CA SB 352
Padilla (D)
Workers' Compensation: Medical Treatment
Relates to medical treatment utilization schedule, to be provided to an injured employee. Exempts limits on chiropractic, occupational therapy, and physical therapy visits specified employees of a sheriff's office or police or fire department, peace officers, and active firefighters.Commentary:Allows more chiropractic, occupational therapy and Physical therapy visits for workers comp cases
Position: Support
Subject: Peace-Off, WorkComp
03/28/2007:
From SENATE Committee on LABOR AND INDUSTRIAL RELATIONS: Do pass to Committee on APPROPRIATIONS.
CA SB 353
Kuehl (D)
Protective Orders: Companion Animals
Relates to protective orders. Authorizes the court to include in a protective order a grant to the petitioner of the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or respondent. Authorizes the court to order the respondent to stay away from the animal and forbid specified acts with respect to that animal.
Position: Support
Subject: Crime
04/10/2007:
In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS.
CA SB 368
Harman (R)
Obscene Matter: Distribution: Internet
Includes within the definition of distribute, for purposes of crimes relating to obscene matter, making available for access or possession over the Internet.
Position: Support
Subject: Communications, Crime, Juvenile
04/09/2007:
From SENATE Committee on PUBLIC SAFETY with author's amendments.In SENATE. Read second time and amended. Re-referred to Committee on PUBLIC SAFETY.
CA SB 479
Hollingsworth (R)
Sentence Enhancements
Creates a 5-year sentence enhancement for a person who commits the crime of impersonating a peace officer during the commission of any of several specified sex offenses, to be imposed consecutively to the term for the underlying felony, and in lieu of the term for the impersonation offense.
Position: Support
Subject: Crime, Public Safety
03/27/2007:
In SENATE Committee on PUBLIC SAFETY: Heard, remains in Committee.
CA SB 502
Hollingsworth (R)
Sexually Violent Predators
Requires any person who has been or is hereafter found to be a sexually violent predator to be monitored by a global positioning system for life upon being unconditionally released.
Position: Support
Subject: Crime, Juvenile
02/28/2007:
To SENATE Committee on PUBLIC SAFETY.
CA SB 566
Ridley-Thomas (D)
Law Enforcement: Peace Officer Training
Amends existing law with establishes within the Department of Justice a Commission on Peace Officer Standards and Training. Requires 4 members of the commission to have demonstrated leadership in the recognized employee organization having the right to represent the member.Commentary:Requires that the 4 officers on POST shall have leadership positions with their respective associations or unions.
Position: Support
Subject: Labor, Training
04/09/2007:
In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY.
CA SB 629
Correa (D)
Automobile Insurance Peace Officers
Repeals existing law which requires any peace officer or firefighter who has been involved in an accident to submit to his or her private automobile insurer a written declaration stating whether or not at the time of the accident he or she was operating an emergency vehicle in the performance of his or her duty during the hours of his or her employment.Commentary:If you get into an accident while operating an emergency vehicle it shouldn't go on your insurance records.
Position: Support
Subject: Insurance, Peace-Off
03/08/2007:
To SENATE Committee on BANKING, FINANCE AND INSURANCE.
CA SB 718
Scott (D)
Peace Officers: False Reports or Statements
Amends existing law which establishes a procedure for a citizen to file a report of misconduct against a peace officer and makes it a misdemeanor for a person to file a false allegation of misconduct against a peace officer. Expands the procedure to include willfully filing reports or statements of any conduct involving an officer. Makes it a crime to knowingly file a false report or statement of conduct regarding a peace officer.Commentary:Sets up penalties for filing a false complaint against a peace officer.
Position: Support
Subject: Labor, Peace-Off
03/26/2007:
From SENATE Committee on PUBLIC SAFETY with author's amendments.In SENATE. Read second time and amended. Re-referred to Committee on PUBLIC SAFETY.
CA SB 1032
McClintock (R)
Disability Retirement: Medical Examinations
Provides that if a recipient of a disability retirement allowance who is over the minimum age for voluntary retirement for service applicable to members of his or her class, and who has been receiving a retirement allowance for less than a specified period, refuses to submit to medical examination, the pension portions of his or her allowance may be discontinued until the withdrawal of the refusal.Commentary:Same as AB219: This bill would require any local safety member who has retired with a disability retirement after he or she has attained retriement age, to submit to a medical examination, if that person has not been retired 36 months. It allows 2 medical exams in 36 months. Our opposition is based on the fact if an officer has put in 25 or 30 years, there is an established medical record. In order to receive a disability retriement, his medical records are examined for fact. To subject the officer to further medical examinations seems excessive.
Position: Oppose
Subject: Peace-Off, WorkComp
03/15/2007:
To SENATE Committee on PUBLIC EMPLOYMENT AND RETIREMENT.
