Bill Text: CA AB685 | 2013-2014 | Regular Session | Chaptered

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Bill Title: State goods: peace officer's state-issued handgun: spouse or domestic partner.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-06-24 - Chaptered by Secretary of State - Chapter 16, Statutes of 2013. [AB685 Detail]

Download: California-2013-AB685-Chaptered.html

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BILL NUMBER: AB 685	CHAPTERED
	BILL TEXT

	CHAPTER  16
	FILED WITH SECRETARY OF STATE  JUNE 24, 2013
	APPROVED BY GOVERNOR  JUNE 24, 2013
	PASSED THE SENATE  JUNE 10, 2013
	PASSED THE ASSEMBLY  APRIL 18, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 21, 2013

   An act to add Section 26613 to the Penal Code, and to amend
Section 10334 of the Public Contract Code, relating to state goods.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 685, Achadjian. State goods: peace officer's state-issued
handgun: spouse or domestic partner.
   Existing law authorizes a peace officer who has been duly retired
through a service retirement or a peace officer retiring from a
job-incurred disability to be authorized by the person's department
head to purchase his or her state-issued handgun, as specified.
   This bill would provide that the spouse or domestic partner of a
peace officer who has died in the line of duty may be authorized by
his or her spouse's or domestic partner's department head to purchase
his or her state-issued handgun, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 26613 is added to the Penal Code, to read:
   26613.  Section 26500 does not apply to the delivery of a firearm
by a law enforcement agency to a dealer in order for that dealer to
deliver the firearm to the spouse or domestic partner of a peace
officer who died in the line of duty if the sale of that firearm to
the spouse or domestic partner is made in accordance with subdivision
(d) of Section 10334 of the Public Contract Code.
  SEC. 2.  Section 10334 of the Public Contract Code is amended to
read:
   10334.  (a) No state employee shall acquire any goods from the
state, unless the goods are offered to the general public in the
regular course of the state's business on the same terms and
conditions as those applicable to the employee. "State employee," as
used in this section, means any employee of the state included within
Section 82009 of the Government Code, and all officers and employees
included within Section 4 of Article VII of the California
Constitution, except those persons excluded from the definition of
"designated employee" under the last paragraph of Section 82019 of
the Government Code.
   (b) Notwithstanding subdivision (a), any peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, employed by the State of California for a period of
more than 120 months who has been duly retired through a service
retirement or a peace officer retiring from a job-incurred disability
not related to a mental or emotional disorder and who has been
granted the legal right to carry a concealed firearm pursuant to
Article 2 (commencing with Section 25450) of Chapter 2 of Division 5
of Title 4 of Part 6 of the Penal Code may be authorized by the
person's department head to purchase his or her state-issued handgun.
Disability retired peace officers need not meet the 120-month
employment requirement. The cost of the handgun shall be the fair
market value as listed in the annual Blue Book of Gun Values or
replacement cost, whichever is less, of the handgun issued as
determined by the appointing power, plus a charge for the cost of
handling. The retiring officer shall request to purchase his or her
handgun in writing to the department within 30 calendar days of his
or her retirement date.
   (c) Notwithstanding subdivision (a), any peace officer described
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code employed by the State of California who is authorized
to carry firearms may purchase his or her state-issued service
firearm if the person's department head directs the department to
change its state-issued service weapon system. The cost of the
service firearm shall be the fair market value as listed in the
annual Blue Book of Gun Values or replacement cost, whichever is
less, of the firearm issued as determined by the department head,
plus a charge for the cost of handling. The requesting officer shall
request to purchase his or her firearm in writing to the department
within 10 calendar days of receiving the new state-issued weapon.
   (d) Notwithstanding subdivision (a), the spouse or domestic
partner of a peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code who was employed
by the State of California and who died in the line of duty, may be
authorized by his or her spouse's or domestic partner's department
head to purchase his or her state-issued handgun. The cost of the
handgun shall be the fair market value of the handgun as listed in
the annual Blue Book of Gun Values or replacement cost, whichever is
less, as determined by the appointing power, plus a charge for the
cost of handling. The spouse or domestic partner shall request to
purchase the handgun in writing to the department within 30 calendar
days of his or her spouse's or domestic partner's death. A sale of a
firearm pursuant to this subdivision shall be made pursuant to
Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of
Part 6 of the Penal Code, as required by Section 27545 of the Penal
Code.