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AB-603 Firearms: retired peace officers.(2019-2020)

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Date Published: 06/28/2019 09:00 PM
AB603:v98#DOCUMENT

Enrolled  June 28, 2019
Passed  IN  Senate  June 27, 2019
Passed  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 603


Introduced by Assembly Member Melendez

February 14, 2019


An act to amend Section 16690 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 603, Melendez. Firearms: retired peace officers.
Existing law defines “honorably retired” for purposes of certain exceptions to the law involving the carrying of firearms by a retired peace officer, as defined to include an officer who has qualified for and accepted a disability retirement.
The existing Safety For All Act of 2016, approved as an initiative statute at the November 8, 2016, statewide general election, makes it a crime for a person, commencing July 1, 2017, to possess a large-capacity magazine. The existing act exempts from that prohibition the possession of a large-capacity magazine by honorably retired sworn peace officers. The existing act authorizes the Legislature to amend its provisions by statute approved by a 55% vote of each house if the amendments are consistent with, and further the intent of, the initiative statute.
This bill would amend that act by redefining honorably retired to include a member of the University of California Police Department who has qualified for and accepted Duty Disability Income or an equivalent status pursuant to the University of California Retirement Plan.
Vote: 55%   Appropriation: NO   Fiscal Committee: NO   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.
 (a) As used in Sections 25650 and 26020, Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4, Article 3 (commencing with Section 25900) of Chapter 3 of Division 5 of Title 4, and Section 32406, as added by Chapter 58 of the Statutes of 2016 and as added by Proposition 63, “honorably retired” includes:
(1) A peace officer who has qualified for, and has accepted, a service or disability retirement. This includes a member of the University of California Police Department who has qualified for and accepted Duty Disability Income or an equivalent status pursuant to the University of California Retirement Plan.
(2) A retired level I reserve officer who meets the requirements specified in paragraph (2) of subdivision (c) of Section 26300.
(b) As used in this section, “honorably retired” does not include an officer who has agreed to a service retirement in lieu of termination.