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AB-2591 Peace officers: firearms: establishment serving the public.(2019-2020)

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Date Published: 03/05/2020 09:00 PM
AB2591:v98#DOCUMENT

Amended  IN  Assembly  March 05, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2591

Introduced by Assembly Member Ramos

February 20, 2020

An act to amend Section 13523 of the Penal Code, relating to peace officers. An act to add Section 366 to the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 2591, as amended, Ramos. Peace officer training: state aid. Peace officers: firearms: establishment serving the public.
Existing law makes it a misdemeanor for an innkeeper or common carrier of passengers to refuse to receive or entertain any guest or to refuse to receive or carry any passenger without just cause or excuse. Existing law makes it a misdemeanor to deny admittance to accommodations to a blind, deaf, or disabled person and that person’s specially trained guide dog, signal dog, or service dog.
This bill would make it unlawful for an establishment serving the public to prohibit or otherwise restrict a peace officer from carrying a weapon on the establishment’s premises that the peace officer is authorized to carry, regardless of whether the peace officer is engaged in the actual discharge of the officer’s duties while carrying the weapon. The bill would make a first offense punishable as an infraction by a fine not exceeding $500, and as a misdemeanor for a 2nd or subsequent violation, punishable by imprisonment in a county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires a city, county, city and county, district, or joint powers agency that desires to receive state aid for peace officer training to make an application to the Commission on Peace Officer Standards and Training. Existing law requires the application to include a certified copy of an ordinance or resolution that the applicant will adhere to standards for recruitment and training established by the commission while receiving state aid. Existing law requires the aid to be paid from the State Penalty Fund.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 366 is added to the Penal Code, to read:

366.
 (a) It is unlawful for an establishment serving the public to prohibit or otherwise restrict a peace officer from carrying a weapon on the establishment’s premises that the peace officer is otherwise authorized to carry, regardless of whether the peace officer is engaged in the actual discharge of the officer’s duties while carrying the weapon.
(b) A violation of subdivision (a) is an infraction for a first offense, punishable by a fine not to exceed five hundred dollars ($500). A second or subsequent violation of subdivision (a) is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Peace officer” means any peace officer made exempt from the prohibition on carrying a concealed firearm by Section 25450.
(2) “Establishment serving the public” means any of the following:
(A) A hotel, motel, or other place of lodging.
(B) A restaurant or other place where food is offered for sale to the public.
(C) A retail business or other commercial establishment or event, including, but not limited to, an exhibition, show, fair, festival, display, or other similar event that is accessible by members of the public.
(D) An office building to which the general public is invited.
(E) A sports venue. For purposes of this section, a “sports venue” means an arena, coliseum, stadium, or other type of facility that is primarily used or is planned for primary use for one or more professional or amateur sports or athletic events and for which a fee is charged or is planned to be charged for admission to the sports or athletic event, other than occasional civic, charitable, or promotional events.
(F) Any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.

SEC. 2.

  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 13523 of the Penal Code is amended to read:
13523.

(a)The commission shall annually allocate and the State Treasurer shall periodically pay from the State Penalty Fund, at intervals specified by the commission, to each city, county, district, or joint powers agency that has applied and qualified for aid pursuant to this chapter an amount determined by the commission pursuant to standards set forth in its regulations. The commission shall grant aid only on a basis that is equally proportionate among cities, counties, districts, and joint powers agencies. State aid shall only be provided for training expenses of full-time regularly paid employees, as defined by the commission, of eligible agencies from cities, counties, districts, or joint powers agencies.

(b)An allocation shall not be made to any city, county, district, or joint powers agency that is not adhering to the standards established by the commission as applicable to that city, county, district, or joint powers agency.