Under existing law, anyone who personally uses a firearm in the commission of a specified felony offense shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years, or by 20 years if they discharge the firearm, or by imprisonment for 25 years to life if they discharge the firearm and proximately causes great bodily harm. Existing law prohibits the application of these firearm enhancements to the lawful use or discharge of a firearm by a peace officer, under specified circumstances, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property.

This bill would, notwithstanding the exemption above, prohibit the application of these firearm enhancements to a peace officer, as defined, unless the use or discharge of the firearm did not arise out of and was not in the course of employment. The bill would place the burden of proving by a preponderance of the evidence on the prosecution that the firearm enhancements apply to a peace officer. The bill would define “arise out of and in the course of employment” for these purposes. By placing the burden of proof on, and thus imposing a new duty on, local prosecutors, the bill would create a state-mandated local program. The bill would make a technical, nonsubstantive change.