Existing law authorizes specified peace officers, including, among others, police officers, members of the University of California Police Department, and members of the California National Guard, in the performance of the officers duties, to display a steady or flashing blue warning light visible from the front, sides, or rear of their emergency vehicles.

This bill would also authorize probation officers to display the blue warning light from their emergency vehicles. The bill would require a probation officer to complete a 4-hour classroom training course regarding the operation of emergency vehicles that is certified by the Standards and Training for Corrections Division of the Board of State and Community Corrections before operating an emergency vehicle with a blue warning light.

Existing law authorizes specified peace officers, including, among others, police officers, members of the University of California Police Department, and members of the California National Guard, in the performance of the officers duties, to display a steady or flashing blue warning light visible from the front, sides, or rear of their emergency vehicles.

This bill would also authorize probation officers to display the blue warning light from their emergency vehicles. The bill would require a probation officer to complete a 4-hour classroom training course regarding the operation of emergency vehicles that is certified by the Standards and Training for Corrections Division of the Board of State and Community Corrections before operating an emergency vehicle with a blue warning light.

Existing law authorizes specified peace officers, including, among others, police officers, members of the University of California Police Department, and members of the California National Guard, in the performance of the officers duties, to display a steady or flashing blue warning light visible from the front, sides, or rear of their emergency vehicles.

This bill would also authorize probation officers to display the blue warning light from their emergency vehicles. The bill would require a probation officer to complete a 4-hour classroom training course regarding the operation of emergency vehicles that is certified by the Standards and Training for Corrections division of the Board of State and Community Corrections before operating an emergency vehicle with a blue warning light.

Existing law authorizes specified peace officers, including, among others, police officers, members of the University of California Police Department, and members of the California National Guard, in the performance of the officers duties, to display a steady or flashing blue warning light visible from the front, sides, or rear of their emergency vehicles.

This bill would also authorize probation officers to display the blue warning light from their emergency vehicles. The bill would require a probation officer to complete an emergency vehicle operations course certified by the Commission on Peace Officer Standards and Training a 4-hour classroom training course certified by the Standards and Training for Corrections division of the Board of State and Community Corrections before operating an emergency vehicle with a blue warning light. If the probation officer is authorized to conduct high-speed vehicle pursuits, the bill would require his or her training to comply with provisions relating to a course of instruction on the handling of those pursuits.

Existing law authorizes specified peace officers, including, among others, police officers, members of the University of California Police Department, and members of the California National Guard, in the performance of the officers duties, to display a steady or flashing blue warning light visible from the front, sides, or rear of their emergency vehicles.

This bill would also authorize probation officers to display the blue warning light from their emergency vehicles. The bill would require probation officers a probation officer to complete an emergency vehicle operations course certified by the Commission on Peace Officer Standards and Training before operating an emergency vehicle with blue lights. a blue warning light. If the probation officer is authorized to conduct high-speed vehicle pursuits, the bill would require his or her training to comply with provisions relating to a course of instruction on the handling of those pursuits.

Existing law authorizes specified peace officers, including, among others, police officers, members of the University of California Police Department, and members of the California National Guard, in the performance of the officers duties, to display a steady or flashing blue warning light visible from the front, sides, or rear of their emergency vehicles.

This bill would also authorize probation officers to display the blue warning light from their emergency vehicles. The bill would require probation officers to complete an emergency vehicle operations course certified by the Commission on Peace Officer Standards and Training before operating an emergency vehicle with blue lights.

 UNFINISHED BUSINESS  

Bill No: SB 587

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/4/17

AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, McGuire, Mendoza, Roth, Wieckowski, Wiener

NO VOTE RECORDED: Morrell, Skinner

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/18/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SENATE FLOOR: 40-0, 5/31/17

AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 73-0, 8/31/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: State Coalition of Probation Organizations

DIGEST:

This bill authorizes probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes a four-hour training course regarding the operation of emergency vehicles certified by the Standards and Training for Corrections division of the Board of State and Community Corrections (BSCC).

Assembly Amendments

make technical clarifications.

ANALYSIS: Existing law authorizes peace officers, as defined, in the performance of their duties, to display a steady or flashing blue warning light on their authorized emergency vehicle.

This bill:

1. Authorizes probation officers, in the performance of their duties, to display a steady or flashing blue warning light on their authorized emergency vehicle if the officer completes a four-hour training course certified by the Standards and Training for Corrections division of the BSCC.
2. Does not expand any existing authority of a probation officer to conduct a high-speed vehicle pursuit, nor does it change any existing training requirements for high-speed vehicle pursuits.

Comments

1. Emergency vehicles. Vehicles driven by probation officers are defined as emergency vehicles. These vehicles are authorized to display flashing white and amber lights and, under current law, may operate without regard to traffic controls when using a siren and red light when the vehicle is being driven in response to an emergency call, while engaged in rescue operations, or being used in the immediate pursuit of a suspect. Often these vehicles are unmarked.

These types of pursuits can be dangerous to the public. California Highway Patrol (CHP) policy discourages unmarked cars from driving under flashing lights and siren, known as Code 3, because those cars aren’t as recognizable to the public. The sponsors of this bill, the State Coalition of Probation Organizations, advise that while they are authorized to drive under Code 3, they rarely do so because of public safety concerns.

1. Enlightened. This bill authorizes probation officers to display a blue warning light. The author believes that this light will help identify probation officers and their vehicles as peace officers to the public and other law enforcement officers. This is necessary and useful because probation officers are more prevalent and are involved in a more hazardous array of incidents, according to supporters. If this bill were to become law, an additional 2,000-4,000 probation vehicles would be eligible for the blue light.
2. Color blind. Having several different colors of lights used on emergency vehicles could be confusing.  It seems common sense that most members of the public would react to vehicles with flashing lights with caution, regardless of their color (white, amber, red, or blue).  According to the sponsor, that is not the case. They contend that drivers will gravitate toward red lights, but not towards blue.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, minor and absorbable costs to BSCC, which provide the standardized training for probation officers. This is because BSCC already includes driving training and it would require only minor changes to the training curriculum to address the use of blue warning lights.

SUPPORT: (Verified 8/31/17)

State Coalition of Probation Organizations (source)

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

Association of Orange County Deputy Sheriffs

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Narcotic Officers Association

California Statewide Law Enforcement Association

Fraternal Order of Police

Long Beach Police Officers Association

Los Angeles County Professional Peace Officers Association

Los Angeles Deputy Probation Officers Union

Los Angeles Police Protective league

Orange County Employees Association

Riverside Sheriffs Association

Sacramento County Deputy Sheriffs’ Association

Sacramento County Probation Association

OPPOSITION: (Verified 8/31/17)

None received

ASSEMBLY FLOOR: 73-0, 8/31/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bocanegra, Bonta, Brough, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bloom, Burke, Cristina Garcia, Eduardo Garcia, Quirk-Silva, Ridley-Thomas

Prepared by:

8/31/17 18:21:27

**** END ****

Date of Hearing: August 23, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 587

Author:(Atkins) – As Amended Ver:July 3, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes probation officers to operate emergency vehicles with blue lights, under specific conditions. Specifically, this bill:

1. Authorizes an emergency vehicle operated by a probation officer to display a steady or flashing blue warning light.
2. Conditions the use of a blue light by probation officers on the officer completing a four-hour classroom training course in the operation of emergency vehicles.
3. Declares that the bill's provisions do not expand existing authority of a probation officer to conduct a high-speed vehicle pursuit nor change any existing training requirements related to high-speed vehicle pursuits.

FISCAL EFFECT:

Minor and absorbable costs to the Board of State and Community Corrections (BSCC), which provides the standardized training for probation officers. This is because BSCC already includes driving training and it would require only minor changes to the training curriculum to address the use of blue warning lights.

COMMENTS:

1. Background. With some restrictions, existing law authorizes peace officers employed by numerous public safety agencies to display a blue warning light on their authorized emergency vehicles. For example, police, sheriffs, district attorney investigators, University of California and California State University police, and certain employees at the departments of Parks and Recreation, Forestry and Fire Protection, Fish and Game, Corrections and Rehabilitation are all authorized to display blue warning lights on their vehicles.
2. Purpose. According to the author, since the passage of public safety realignment legislation, AB 109 (Committee on Budget), Chapter 15, Statutes of 2011, the duties of probation officers have changed dramatically and risk to the officers has increased. Probation officers are sworn peace officers and are generally responsible for the oversight of individuals who are sentenced to serve probation instead of being incarcerated. They also serve on multi-discipline tasks forces along with other peace officers. However, unlike other peace officers, such as sheriff's deputies and city police, probation officers are not specifically authorized to use blue warning lights on their vehicles.
3. Support. In support, the Peace Officers Research Association of California (PORAC) notes that blue lights on probation officers vehicles will allow other law enforcement officers to more easily recognize probation officers.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: July 10, 2017

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

SBPCA Bill Id:SB 587

Author:(Atkins) – As Amended Ver:July 3, 2017

SENATE VOTE: 40-0

SUBJECT: Emergency vehicles: blue warning lights

SUMMARY: Authorizes probation officers to operate emergency vehicles with blue lights, under specific conditions. Specifically, this bill:

1. Authorizes an emergency vehicle operated by a probation officer to display a steady or flashing blue warning light.
2. Conditions the use of a blue light by probation officers on the officer completing a four-hour classroom training course in the operation of emergency vehicles.
3. Declares that the bill's provisions do not expand existing authority of a probation officer to conduct a high-speed vehicle pursuit nor change any existing training requirements related to high-speed vehicle pursuits.

EXISTING LAW:

1. With some restrictions, authorizes police officers employed by the following public safety agencies to display a blue warning light on their authorized emergency vehicles:
   1. Sheriffs, undersheriffs, deputy sheriffs, chiefs of police, chiefs or directors of consolidated municipal public safety agencies that perform police funtions, police officers, harbor police, chief executive of public safety agencies, marshals or deputy marshals of superior courts, port wardens, and district attorney inspectors or investigators;
   2. California Highway Patrol (CHP) officers, University of Calfiornia police, California State University police, correctional officers, members of the Office of Internal Affairs at the Department of Corrections and Rehabilitation, Department of Fish and Game employees, Department of Parks and Recreation employees, Department of Forestry and Fire Protection employees, and marshals and police appointed by the Board of Directors of the California Exposition and State Fair;
   3. The chief and coordinators of the Law Enforcement Branch of the Office of Emergency Services;
   4. Park rangers;
   5. Community college police and school district police;
   6. Bay Area Rapid Transit District police, transit district peace officers, airport law enforcement; railroad police;
   7. Legislative seargeants-at-arms; and,
   8. Members of the Califoria National Guard.
2. Defines "probation officer" and limits the extent of their authority as follows:
   1. To conditions of parole, probation, mandatory supervision, or post-release community supervision;
   2. To the escape of any inmate or ward from a state or local institution;
   3. To the transportation of individuals on parole, probation, mandatory supervision, or post-release community supervision;
   4. To violations of law that are discovered while performing the usual or authorized duties of his or her employment; and,
   5. To the rendering of mutual aid to any other law enforcement agency.
3. Creates the Board of State and Community Corrections (BSCC) to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system.
4. Provides that any law enforcement agency vehicle driven by a peace officer, including probabtion officers, is an "authorized emergency vehicle."

FISCAL EFFECT: Unknown

COMMENTS: According to the author, since the passage of public safety realignment legislation, AB 109 (Committee on Budget), Chapter 15, Statutes of 2011, the duties of probation officers have changed dramatically and risk to the officers has increased. Probation officers are sworn peace officers and are generally responsible for the oversight of individuals who are sentenced to serve probation instead of being incarcerated. They also serve on multi-discipline tasks forces, such as high tech crime, sex offender, vehicle theft, and the U.S. Marshals, along with other peace officers. However, unlike other peace officers, such as sheriff's deputies and city police, probation officers are not specifically authorized to use blue warning lights on their vehicles.

Probation officers do not currently receive Police Officers Standard and Training (POST) training but, under this bill, would be required to have four hours training related to the operation of emergency vehicles as a condition of being able to use blue warning lights.

Writing in support of this bill, the Peace Officers Research Association of California (PORAC) argues that probation officers are frequently called to emergency situations and many times are the first to the scene. PORAC believes blue lights on probation officers' vehicles will allow other law enforcement officers to more easily recognize, assist, and support probation officers. Additionally, the Fraternal Order of Police suggests that it is imperative that probation officers be able to use adequate tools to keep themselves and others safe.

Previous legislation: AB 2224 (Achadjian) of 2016, was nearly identical to this bill. AB 2224 was set to be heard by this committee but the hearing was cancelled at the request of the author.

SB 92 (Committee on Budget and Fiscal Review), Chapter 36, Statutes of 2011, created the BSCC, beginning July 1, 2012, to be comprised of state and local criminal justice stakeholders. In addition to existing responsibilities for monitoring local facilities and distributing criminal justice resources, the BSCC’s mission is to provide leadership, coordination, and research expertise in the state and local corrections system.

AB 1389 (Miller) of 2009, would have authorized certain members of an arson-investigating unit, a fire department or fire protection agency, voluntary fire wardens, and firefighters or security guards designated by the Military Department, to display a steady or flashing blue warning light from their vehicle in the performance of his or her duties. AB 1389 was vetoed by Governor Schwarzenegger who stated,

"The bill’s sponsor asserts that arson investigators are often plain clothed and drive unmarked vehicles, and as a result need the use of blue lights to be more recognizable. However, the use of blue lights would not establish the individual’s identity as a peace officer without displaying some form of police identification. Additionally, all [authorized emergency vehicles] in California, including law enforcement vehicles, are required to have at least one forward facing solid red light. Since there is no legal requirement for motorists to yield to a blue warning light, I fail to see the necessity for the addition of a blue light."

AB 2215 (Nakanishi) of 2004, would have added certain peace officers to the list of peace officers authorized to operate a vehicle displaying blue warning lights. AB 2215 was set to be heard by this committee but the hearing was cancelled at the request of the author.

REGISTERED SUPPORT / OPPOSITION:

Support

State Coalition of Probation Organizations (Sponsor)

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

Association of Orange County Deputy Sheriffs

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Narcotic Officers Association

California State Sheriffs' Association

California Statewide Law Enforcement Association

Chief Probation Officers of California

Fraternal Order of Police

Kern County Probation Officers Association

Long Beach Police Officers Association

Los Angeles County Professional Peace Officers Association

Los Angeles Deputy Probation Officers Union, AFSCME Local 685

Los Angeles Police Protective League

Orange County Employees Association

Peace Officers Research Association of California

Riverside Sheriffs Association

Sacramento County Deputy Sheriffs' Association

Sacramento County Probation Association

San Joaquin County Probation Officers Association

Ventura County Professional Peace Officers' Association

Opposition

None on file

Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093

 THIRD READING  

Bill No: SB 587

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/4/17

AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, McGuire, Mendoza, Roth, Wieckowski, Wiener

NO VOTE RECORDED: Morrell, Skinner

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/18/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: State Coalition of Probation Officers

DIGEST:

This bill authorizes probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes a four hour training course certified by the Standards and Training for Corrections division of the Board of State and Community Corrections (BSCC).

ANALYSIS: Existing law authorizes peace officers, as defined, in the performance of their duties, to display a steady or flashing blue warning light on their authorized emergency vehicle.

This bill:

1. Authorizes probation officers, in the performance of their duties, to display a steady or flashing blue warning light on their authorized emergency vehicle if the officer completes a four hour training course certified by the Standards and Training for Corrections division of the BSCC.
2. Does not expand any existing authority of a probation officer to conduct a high-speed vehicle pursuit, nor does it change any existing training requirements for high-speed vehicle pursuits.

Comments

1. Emergency Vehicles. Vehicles driven by probation officers are defined as emergency vehicles. These vehicles are authorized to display flashing white and amber lights and, under current law, may operate without regard to traffic controls when using a siren and red light when the vehicle is being driven in response to an emergency call, while engaged in rescue operations, or being used in the immediate pursuit of a suspect. Often these vehicles are unmarked.

These types of pursuits can be dangerous to the public. California Highway Patrol (CHP) policy discourages unmarked cars from driving under flashing lights and siren, known as Code 3, because those cars aren’t as recognizable to the public. The sponsors of the bill, the State Coalition of Probation Officers, advise that while they are authorized to drive under Code 3, they rarely do so because of public safety concerns.

1. Enlightened. This bill authorizes probation officers to display a blue warning light. The author believes that this light will help identify probation officers and their vehicles as peace officers to the public and other law enforcement officers. This is necessary and useful because probation officers are more prevalent and are involved in a more hazardous array of incidents, according to supporters.
2. Opposition. Opponents are concerned that a proliferation of unmarked vehicles with blue lights will confuse the public, who associate blue lights with emergency vehicles. If this bill were to become law, an additional 2000-4000 probation vehicles would be eligible for the blue light.
3. Color Blind. Having several different colors of lights used on emergency vehicles could be confusing.  It seems common sense that most members of the public would react to vehicles with flashing lights with caution, regardless of their color (white, amber, red, or blue).  According to the sponsor, that is not the case. They contend that drivers will gravitate toward red lights, but not towards blue.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to Senate Appropriations Committee,

unknown fiscal impact to the BSCC.

SUPPORT: (Verified 5/25/17)

State Coalition of Probation Organizations (source)

Association for Los Angeles Deputy Sheriffs

Association of Orange County Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Narcotic Officers Association

California Statewide Law Enforcement Association

Fraternal Order of Police

Long Beach Police Officers Association

Los Angeles County Professional Peace Officers Association

Los Angeles Deputy Probation Officers Union

Los Angeles Police Protective league

Orange County Employees Association

Riverside Sheriffs Association

Sacramento County Deputy Sheriffs’ Association

Sacramento County Probation Association

OPPOSITION: (Verified 5/25/17)

California Police Chiefs Association

Prepared by:

5/27/17 16:39:15

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 587 (Atkins) - Emergency vehicles: blue warning lights

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 25, 2017

Bill Summary:

SB 587 would allow probation officers to display the blue warning light from their emergency vehicles, as specified.

Fiscal Impact:

Unknown fiscal impact to the Board of State and Community Corrections (BSCC).

Author Amendments:

Require a probation officer to complete a four-hour classroom training course certified by BSCC, as specified, before the officer operates an emergency vehicle with a blue warning light.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 587 (Atkins) - Emergency vehicles: blue warning lights

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 587 would allow probation officers to display the blue warning light from their emergency vehicles, as specified.

Fiscal Impact:

Unknown, potentially significant costs pressure to the Commission on Peace Officer Standards and Training (POST), potentially in the hundreds of thousands of dollars, to provide additional training courses (Peace Officers Training Fund and State Penalty Fund).

Background:

Existing law defines an “authorized emergency vehicle” a vehicle owned or operated by a U.S. department or agency when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work. The driver of an authorized emergency vehicle is exempt from a variety of vehicle code requirements, under all of the following conditions:

• If the vehicle is being driven in response to an emergency call, while engaged in rescue operations, is being used in the immediate pursuit of an actual or suspected violator of the law, or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call.
• If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians.

The provision above does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor protect him from the consequences of an arbitrary exercise of the privileges granted.

Proposed Law:

This bill would allow probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes a POST-certified emergency vehicle operations course. Additionally, it would require probation officers who are allowed to conduct high-speed vehicle pursuits to be trained in such conduct, as specified.

Prior Legislation:

AB 2224 (Achadjian, 2016) was substantially similar to this bill. AB 2224 failed passage in the Assembly Committee on Transportation.

Staff Comments:

Currently, there is only one entry-level POST-certified course for Emergency Vehicle Operations (EVOC), and it is inter-woven into the Regular Basic academy (RBC). POST has approximately 40 certified RBCs state-wide but only half offer EVOC training. Of the 20 RBCs that offer POST-certified EVOC, most presenters offer the training approximately two or three times a year. A few offer RBCs monthly, but training offered to non-affiliated trainees is limited to 15%.

As currently structured, any probation officer who would need to receive initial EVOC training would have to attend a full RBC (if he or she hasn’t done so already.) At the moment, EVOC trainings are at maximum capacity. To avoid the displacement of training slots for first-responders, such as basic academy trainees (approximately 4,500 per year) and in-service training for line officer (approximately 85,000 per year), by probation officers, POST would need to develop a “stand alone” EVOC course. To do so would entail additional significant costs to identify, develop, review, and approve the course curricula.

POST has been facing multi-million dollar deficits in the recent years (e.g., $20 million for the 2016-17 fiscal year and $10 million for the 2017-18 fiscal year), as its chief funding source, the State Penalty Fund, is structurally imbalanced and has relied on multiple one-off infusions from the General Fund. Consequently, it is unlikely that POST would be able to accommodate the cost pressures resulting from this bill without an increase in funding.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 587 Hearing Date: April 18, 2017

Subject: Emergency Vehicles: Blue Warning Lights

HISTORY

Source: State Coalition of Probation Organizations

Prior Legislation: AB 2224 (Achadjian) Died in Assembly Transportation, 2016

Support: Association for Los Angeles Deputy Sheriffs; Association of Deputy District Attorneys; Association of Orange County Deputy Sheriffs; California Association of Code Enforcement Officers; California College and University Police Chiefs Association; California Narcotic Officers Association; California State Sheriffs’ Association; Chief Probation Officers of California; California Statewide Law Enforcement Association; Fraternal Order of Police; Kern County Probation Officers Association; Long Beach Police Officers Association; Los Angeles County Professional Peace Officers Association; Los Angeles Deputy Probation Officers Union; Los Angeles Police Protective League; Orange County Employees Association; Riverside Sheriffs Association; Sacramento County Deputy Sheriffs Association; Sacramento County Probation Association; San Joaquin County Probation Officers Association; Ventura County Professional Peace Officers’ Association

Opposition: None known

PURPOSE

The purpose of this legislation is to authorize probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes an emergency vehicle operations course certified by the Commission on Peace Officer Standards and Training (POST).

Existing law defines an “authorized emergency vehicle” to include “[a]ny vehicle owned or operated by any department or agency of the United States government when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work.” (Vehicle Code § 165.)

Existing law states that the driver of an authorized emergency vehicle is exempt from a variety of vehicle code requirements, under all of the following conditions:

• If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call.
• If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians.

(Vehicle Code § 21055.)

Existing law provides that Section 21055 does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor protect him from the consequences of an arbitrary exercise of the privileges granted in that section. (Vehicle Code § 21056.)

Existing law requires that every authorized emergency vehicle be equipped with at least one steady burning red warning lamp visible from at least 1,000 feet to the front of the vehicle to be used as provided in this code. In addition, authorized emergency vehicles may display revolving, flashing, or steady red warning lights to the front, sides or rear of the vehicles. (Vehicle Code § 25252.)

Exiting law provides that every authorized emergency vehicle may be equipped with a system which flashes the upper-beam headlamps of the vehicle with the flashes occurring alternately from the front headlamp on one side of the vehicle to the front headlamp on the other side of the vehicle. The flashing of the headlamps must consist only of upper-beam flashing, and not the flashing of any other light beam. This system can only be used when an authorized emergency vehicle is being operated pursuant to Section 21055. (Vehicle Code 25252.5.)

Existing law allows an authorized emergency vehicle operating under the conditions specified in Section 21055 to display a flashing white light from a gaseous discharge lamp designed and used for the purpose of controlling official traffic control signals. (Vehicle Code § 25258(a).)

Existing law allows authorized emergency vehicle used by a peace officer, as defined, in the performance of the peace officer's duties, to, in addition, display a steady or flashing blue warning light visible from the front, sides, or rear of the vehicle. (Vehicle Code § 25258(b).)

Existing law allows any authorized emergency vehicle to display flashing amber warning lights to the front, sides, or rear. A vehicle operated by a police or traffic officer while in the actual performance of his or her duties may display steady burning or flashing white lights to either side mounted above the roofline of the vehicle. Any authorized emergency vehicle may display not more than two flashing white warning lights to the front mounted above the roofline of the vehicle and not more than two flashing white warning lights to the front mounted below the roofline of the vehicle. (Vehicle Code § 25259.)

Existing law requires POST to implement a course or courses of instruction for the regular and periodic training of law enforcement officers in the handling of high–speed vehicle pursuits and shall also develop uniform, minimum guidelines for adoption and promulgation by California law enforcement agencies for response to high–speed vehicle pursuits. The guidelines and course of instruction are required to stress the importance of vehicle safety and protecting the public at all times, include a regular assessment of law enforcement's vehicle pursuit policies, practices, and training, and recognize the need to balance the known offense and the need for immediate capture against the risks to officers and other citizens of a high–speed pursuit. These guidelines must also be a resource for each agency executive to use in the creation of a specific pursuit policy that the agency is encouraged to adopt and promulgate, and that reflects the needs of the agency, the jurisdiction it serves, and the law. (Penal Code § 13519.8.)

This bill authorizes probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes an emergency vehicle operations course certified by POST.

COMMENTS

1. Need for Legislation

According to the author:

Although probation peace officers are authorized to display red, white, and yellow lights, current law does not authorize them to display emergency blue warning lights on authorized emergency vehicles. This is a critical gap in officer safety and emergency response.

Probation officers apprehend and transport probationers and persons arrested for new crimes in situations in which a blue warning light could be used to alert other officers and the public to their presence. Probation peace officers also are called upon for assistance by other law enforcement agencies during emergencies but cannot display blue warning lights to alert those officers on scene.

Probation peace officers serve on multiple task forces throughout the State, including High Tech Crime, Sex Offender, Vehicle Theft, Post Release Community Supervision “PRCS,” and the U.S Marshals. In the taskforce setting, probation officers need to be able to display emergency blue lights to alert other officers and the public to their presence.

In many instances, probation peace officers are first on the scene of major emergencies. When terrorists attacked in San Bernardino County in 2015, probation officers were first to respond. Emergency blue warning lights would have facilitated those officers’ efforts to recover bodies, transport victims to medical care, and assist in securing the perimeter.

Without blue warning lights on probation emergency vehicles, other local law enforcement agencies are less likely to recognize, assist and support probation peace officers in the performance of these many critical duties.

SB 587 would allow emergency vehicles operated by probation peace officers to display blue warning lights upon the officer’s completion of a POST- certified course. This change would allow all law enforcement officials, and the members of the public to identify probation officers immediately as law enforcement officers when they are present in an emergency or dangerous situation.

2. Effect of this Legislation

As stated above, this legislation authorizes probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes an emergency vehicle operations course certified by POST.

POST currently provides 40 hours of vehicle operations training as part of the Regular Basic Course. This course teaches officers to, among other things:

• Determine a safe distance when following another vehicle
• Identify the effect of speed on a driver’s peripheral vision
• Discuss how perception and reaction time affects a vehicle’s total stopping distance
• Demonstrate appropriate actions to prevent intersection collisions
• Recognize potential hazards of freeway driving and appropriate actions to prevent collisions
• Demonstrate appropriate actions to prevent collisions when operating a vehicle in reverse
• Demonstrate the importance and proper use of safety belts in a law enforcement vehicle
• Identify psychological and physiological factors that may have an effect on a peace officer’s driving
• Identify hazards of various road conditions
• Discuss the components of a vehicle inspection
• Demonstrate proper techniques for recognizing and coping with distractions while operating a law enforcement vehicle
• Identify the objectives of emergency response driving
• Explain the importance of agency-specific policies and guidelines regarding emergency response driving
• Identify the statutory responsibilities of non-law enforcement vehicle drivers when driving in the presence of emergency vehicles operated under emergency response conditions
• Demonstrate the use of emergency warning devices available on law enforcement vehicles
• Identify factors that can limit the effectiveness of a vehicle’s emergency warning devices
• Demonstrate the use of communication equipment
• Identify the effects of siren syndrome
• Recognize guidelines for entering an intersection when driving under emergency response conditions

(Learning Domain 19; https://post.ca.gov/regular-basic-course-training-specifications.aspx.)

Probation officers do not currently receive this POST training – but, under this legislation would be required to have a version of this course in order to display blue lights. According to the sponsor, the training required by this legislation would not include training on high-speed vehicle pursuits because probation officers do not engage in high–speed vehicle pursuits. That said, under existing law, probation officers arguably could be authorized by their agencies to engage in high–speed vehicle pursuits and members may wish to consider an amendment stating: “If a probation department authorizes its officers to conduct high-speed vehicle pursuits the training shall comply with Penal Code 13519.8.”

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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 4/4/2017

SUBJECT:

DIGEST: This bill authorizes probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes an emergency vehicle operations course certified by the Commission on Peace Officer Standards and Training.

ANALYSIS:

Existing law:

Authorizes peace officers, as defined, in the performance of their duties, to display a steady or flashing blue warning light on their authorized emergency vehicle.

This bill:

Authorizes probation officers, in the performance of their duties, to display a steady or flashing blue warning light on their authorized emergency vehicle.

COMMENTS:

1. Author’s Statement. Although probation peace officers are authorized to display red, white, and yellow lights, current law does not authorize them to display emergency blue warning lights on authorized emergency vehicles. This is a critical gap in officer safety and emergency response. Probation officers apprehend and transport probationers and persons arrested for new crimes in situations in which a blue warning light could be used to alert other officers and the public to their presence. Probation peace officers also are called upon for assistance by other law enforcement agencies during emergencies but cannot display blue warning lights to alert those officers on the scene. Without blue warning lights on probation emergency vehicles, other local law enforcement agencies are less likely to recognize, assist and support probation peace officers in the performance of these many critical duties.
2. Emergency Vehicles. There were initial concerns that this bill would allow probation officers to drive without regard to traffic controls in an emergency, but that does not seem to be the case. Vehicles driven by probation officers are defined as emergency vehicles. These vehicles are authorized to display flashing white and amber lights and, under current law, may operate without regard to traffic controls when using a siren and red light when the vehicle is being driven in response to an emergency call, while engaged in rescue operations, or being used in the immediate pursuit of a suspect. Often these vehicles are unmarked.

These types of pursuits can be dangerous to the public. California Highway Patrol (CHP) policy discourages unmarked cars from driving under flashing lights and siren because those cars aren’t as recognizable to the public. The sponsors of the bill, the State Coalition of Probation Officers, advise that while they are authorized to drive under Code 3, they rarely do so because of public safety concerns.

1. Enlightened. This bill authorizes probation officers to display a blue warning light. The author believes that this light will help identify probation officers and their vehicles as peace officers to the public and other law enforcement officers. This is necessary and useful because probation officers are more prevalent and are involved in a more hazardous array of incidents, according to supporters.
2. Opposition. Opponents are concerned that a proliferation of unmarked vehicles with blue lights will confuse the public, who associate blue lights with emergency vehicles. If this bill were to become law, an additional 2000-4000 probation vehicles would be eligible for the blue light.
3. Color Blind. Having several different colors of lights used on emergency vehicles could be confusing.  Arguably, most members of the public would react to vehicles with flashing lights with caution, regardless of their color (white, amber, red, or blue).  According to the sponsor, that is not the case; rather, they contend that drivers will gravitate toward red lights, but not towards blue.
4. Double-referral. This bill is double referred to the Senate Public Safety Committee.

Related Legislation:

AB 2224 (Achadjian, 2016) — This bill authorizes probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes an emergency vehicle operations course certified by the Commission on Peace Officer Standards and Training. This bill was never heard.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

March 29.)

SUPPORT:

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement officers

California College and university Police Chiefs Association

California Narcotic Officers Association

Los Angeles County Professional Peace Officers Association

Los Angeles Deputy Probation Officers Union

Los Angeles Police Protective league

Orange County Employees Association

Riverside Sheriffs Association\

Sacramento County Probation Association

State Coalition of Probation Organizations

OPPOSITION:

California Police Chiefs Association, Inc.

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