SB1258

House of Representatives

law enforcement agencies; retirement credentials

Sponsors: Senator Huppenthal, Senator Gray

DP	Committee on Government Reform & Government Finance Accountability
X	Caucus and COW
	As Engrossed and As Passed the House

SB1258 requires law enforcement agencies to issue photo identification to officers who retire honorably.

History

The Law Enforcement Officers Safety Act (Act) was passed by Congress in 2004 to allow qualified retired law enforcement officers who have specific identification (ID) to carry concealed handguns, notwithstanding any state or local law.

The Act defines a qualified retired law enforcement officer as an officer who has retired in good standing from a public agency service and who has met the state's standards for training and qualification for active law enforcement officers to carry firearms during the most recent 12-month period. Before his or her retirement, the officer must have been authorized by law to engage in or supervise the prevention, detection, investigation, prosecution of or incarceration of any person for any violation of the law and had statutory powers of arrest. In addition to this, the officer must have been regularly employed as a law enforcement officer for at least 15 years or been forced to retire due to a service-connected disability.

Qualified law enforcement officers are allowed to carry a concealed weapon under the Act when they are carrying: a) a photo ID issued by the agency for which they work or from which they retired, indicating the individual has, within the past year, been tested and meets state qualifications to carry a firearm; or b) a photo ID issued by the agency for which they work or from which they retired, and a certification issued by the state in which they reside indicating the individual has, within the past year, been tested and meets state qualifications to carry a firearm.

In 2005, the Legislature allowed the Department of Public Safety to issue firearm proficiency certificates to facilitate implementation of the Law Enforcement Officers Safety Act.

Provisions

· Mandates that law enforcement agencies to issue photographic identification to law enforcement officers who have retired honorably from the agency.

· Requires the chief law enforcement officer to determine if an officer has retired honorably.

· Exempts law enforcement agencies from the obligation to revoke, alter or modify honorable discharge identification once it has been issued.

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· Forty-seventh Legislature