Bill Text: CA AB1168 | 2015-2016 | Regular Session | Chaptered
Bill Title: Peace officers: basic training requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-08-13 - Chaptered by Secretary of State - Chapter 207, Statutes of 2015. [AB1168 Detail]
Download: California-2015-AB1168-Chaptered.html
BILL NUMBER: AB 1168 CHAPTERED
BILL TEXT
CHAPTER 207
FILED WITH SECRETARY OF STATE AUGUST 13, 2015
APPROVED BY GOVERNOR AUGUST 13, 2015
PASSED THE SENATE JULY 6, 2015
PASSED THE ASSEMBLY JULY 9, 2015
AMENDED IN SENATE JUNE 16, 2015
INTRODUCED BY Assembly Member Salas
FEBRUARY 27, 2015
An act to amend, repeal, and add Section 832.3 of the Penal Code,
relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1168, Salas. Peace officers: basic training requirements.
Existing law requires peace officers to complete a basic training
course prescribed by the Commission on Peace Officer Standards and
Training and to pass an examination developed by the commission.
Existing law generally requires a person who does not become employed
as a peace officer within 3 years of passing the examination, or who
has a 3-year or longer break in service, to pass the examination
before exercising the powers of a peace officer.
Under existing law, in certain counties, any deputy sheriff, who
is employed to perform duties exclusively or initially relating to
custodial assignments with responsibilities for maintaining the
operations of county custodial facilities, is a peace officer whose
authority extends to any place in the state only while engaged in the
performance of the duties of his or her employment and for the
purpose of carrying out the primary functions of employment relating
to his or her custodial assignments, or when performing other law
enforcement duties directed by his or her employing agency during a
local state of emergency.
This bill would, until January 1, 2019, exempt a custodial peace
officer within the class specified above who is appointed as a peace
officer performing police functions from the requirement to retake
the examination if he or she has been continuously employed as a
custodial peace officer of that class for a period not exceeding 5
years by the agency making the appointment and maintains specified
skills during that period.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 832.3 of the Penal Code is amended to read:
832.3. (a) Except as provided in subdivision (e), any sheriff,
undersheriff, or deputy sheriff of a county, any police officer of a
city, and any police officer of a district authorized by statute to
maintain a police department, who is first employed after January 1,
1975, shall successfully complete a course of training prescribed by
the Commission on Peace Officer Standards and Training before
exercising the powers of a peace officer, except while participating
as a trainee in a supervised field training program approved by the
Commission on Peace Officer Standards and Training. Each police
chief, or any other person in charge of a local law enforcement
agency, appointed on or after January 1, 1999, as a condition of
continued employment, shall complete the course of training pursuant
to this subdivision within two years of appointment. The training
course for a sheriff, an undersheriff, and a deputy sheriff of a
county, and a police chief and a police officer of a city or any
other local law enforcement agency, shall be the same.
(b) For the purpose of ensuring competent peace officers and
standardizing the training required in subdivision (a), the
commission shall develop a testing program, including standardized
tests that enable (1) comparisons between presenters of the training
and (2) assessments of trainee achievement. The trainees' test scores
shall be used only for the purposes enumerated in this subdivision
and those research purposes as shall be approved in advance by the
commission. The commission shall take all steps necessary to maintain
the confidentiality of the test scores, test items, scoring keys,
and other examination data used in the testing program required by
this subdivision. The commission shall determine the minimum passing
score for each test and the conditions for retesting students who
fail. Passing these tests shall be required for successful completion
of the training required in subdivision (a). Presenters approved by
the commission to provide the training required in subdivision (a)
shall administer the standardized tests or, at the commission's
option, shall facilitate the commission's administration of the
standardized tests to all trainees.
(c) Notwithstanding subdivision (c) of Section 84500 of the
Education Code and any regulations adopted pursuant thereto,
community colleges may give preference in enrollment to employed law
enforcement trainees who shall complete training as prescribed by
this section. At least 15 percent of each presentation shall consist
of nonlaw enforcement trainees if they are available. Preference
should only be given when the trainee could not complete the course
within the time required by statute, and only when no other training
program is reasonably available. Average daily attendance for these
courses shall be reported for state aid.
(d) Prior to July 1, 1987, the commission shall make a report to
the Legislature on academy proficiency testing scores. This report
shall include an evaluation of the correlation between academy
proficiency test scores and performance as a peace officer.
(e) (1) Any deputy sheriff described in subdivision (c) of Section
830.1 shall be exempt from the training requirements specified in
subdivisions (a) and (b) as long as his or her assignments remain
custodial related.
(2) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the training for peace officers pursuant to
subdivision (a) of Section 832, and within 120 days after the date of
employment, shall complete the training required by the Board of
State and Community Corrections for custodial personnel pursuant to
Section 6035, and the training required for custodial personnel of
local detention facilities pursuant to Division 1 (commencing with
Section 100) of Title 15 of the California Code of Regulations.
(3) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the course of training pursuant to subdivision (a)
prior to being reassigned from custodial assignments to duties with
responsibility for the prevention and detection of crime and the
general enforcement of the criminal laws of this state. A deputy
sheriff who has completed the course of training pursuant to
subdivision (a) and has been hired as a deputy sheriff described in
subdivision (c) of Section 830.1 shall be eligible to be reassigned
from custodial assignments to duties with the responsibility for the
prevention and detection of crime and the general enforcement of the
criminal laws of this state within three years of completing the
training pursuant to subdivision (a). A deputy sheriff shall be
eligible for reassignment within five years of having completed the
training pursuant to subdivision (a) without having to complete a
requalification for the regular basic course provided that all of the
following are satisfied:
(A) The deputy sheriff remains continuously employed by the same
department in which the deputy sheriff is being reassigned from
custodial assignments to duties with the responsibility for the
prevention and detection of crime and the general enforcement of the
criminal laws of this state.
(B) The deputy sheriff maintains the perishable skills training
required by the commission for peace officers assigned to duties with
the responsibility for the prevention and detection of crime and the
general enforcement of the criminal laws of this state.
(f) Any school police officer first employed by a K-12 public
school district or California Community College district after July
1, 1999, shall successfully complete a basic course of training as
prescribed by subdivision (a) before exercising the powers of a peace
officer. A school police officer shall not be subject to this
subdivision while participating as a trainee in a supervised field
training program approved by the Commission on Peace Officer
Standards and Training.
(g) The commission shall prepare a specialized course of
instruction for the training of school peace officers, as defined in
Section 830.32, to meet the unique safety needs of a school
environment. This course is intended to supplement any other training
requirements.
(h) Any school peace officer first employed by a K-12 public
school district or California Community College district before July
1, 1999, shall successfully complete the specialized course of
training prescribed in subdivision (g) no later than July 1, 2002.
Any school police officer first employed by a K-12 public school
district or California Community College district after July 1, 1999,
shall successfully complete the specialized course of training
prescribed in subdivision (g) within two years of the date of first
employment.
(i) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 2. Section 832.3 is added to the Penal Code, to read:
832.3. (a) Except as provided in subdivision (e), any sheriff,
undersheriff, or deputy sheriff of a county, any police officer of a
city, and any police officer of a district authorized by statute to
maintain a police department, who is first employed after January 1,
1975, shall successfully complete a course of training prescribed by
the Commission on Peace Officer Standards and Training before
exercising the powers of a peace officer, except while participating
as a trainee in a supervised field training program approved by the
Commission on Peace Officer Standards and Training. Each police
chief, or any other person in charge of a local law enforcement
agency, appointed on or after January 1, 1999, as a condition of
continued employment, shall complete the course of training pursuant
to this subdivision within two years of appointment. The training
course for a sheriff, an undersheriff, and a deputy sheriff of a
county, and a police chief and a police officer of a city or any
other local law enforcement agency, shall be the same.
(b) For the purpose of ensuring competent peace officers and
standardizing the training required in subdivision (a), the
commission shall develop a testing program, including standardized
tests that enable (1) comparisons between presenters of the training
and (2) assessments of trainee achievement. The trainees' test scores
shall be used only for the purposes enumerated in this subdivision
and those research purposes as shall be approved in advance by the
commission. The commission shall take all steps necessary to maintain
the confidentiality of the test scores, test items, scoring keys,
and other examination data used in the testing program required by
this subdivision. The commission shall determine the minimum passing
score for each test and the conditions for retesting students who
fail. Passing these tests shall be required for successful completion
of the training required in subdivision (a). Presenters approved by
the commission to provide the training required in subdivision (a)
shall administer the standardized tests or, at the commission's
option, shall facilitate the commission's administration of the
standardized tests to all trainees.
(c) Notwithstanding subdivision (c) of Section 84500 of the
Education Code and any regulations adopted pursuant thereto,
community colleges may give preference in enrollment to employed law
enforcement trainees who shall complete training as prescribed by
this section. At least 15 percent of each presentation shall consist
of nonlaw enforcement trainees if they are available. Preference
should only be given when the trainee could not complete the course
within the time required by statute, and only when no other training
program is reasonably available. Average daily attendance for these
courses shall be reported for state aid.
(d) Prior to July 1, 1987, the commission shall make a report to
the Legislature on academy proficiency testing scores. This report
shall include an evaluation of the correlation between academy
proficiency test scores and performance as a peace officer.
(e) (1) Any deputy sheriff described in subdivision (c) of Section
830.1 shall be exempt from the training requirements specified in
subdivisions (a) and (b) as long as his or her assignments remain
custodial related.
(2) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the training for peace officers pursuant to
subdivision (a) of Section 832, and within 120 days after the date of
employment, shall complete the training required by the Board of
State and Community Corrections for custodial personnel pursuant to
Section 6035, and the training required for custodial personnel of
local detention facilities pursuant to Division 1 (commencing with
Section 100) of Title 15 of the California Code of Regulations.
(3) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the course of training pursuant to subdivision (a)
prior to being reassigned from custodial assignments to duties with
responsibility for the prevention and detection of crime and the
general enforcement of the criminal laws of this state.
(f) Any school police officer first employed by a K-12 public
school district or California Community College district after July
1, 1999, shall successfully complete a basic course of training as
prescribed by subdivision (a) before exercising the powers of a peace
officer. A school police officer shall not be subject to this
subdivision while participating as a trainee in a supervised field
training program approved by the Commission on Peace Officer
Standards and Training.
(g) The commission shall prepare a specialized course of
instruction for the training of school peace officers, as defined in
Section 830.32, to meet the unique safety needs of a school
environment. This course is intended to supplement any other training
requirements.
(h) Any school peace officer first employed by a K-12 public
school district or California Community College district before July
1, 1999, shall successfully complete the specialized course of
training prescribed in subdivision (g) no later than July 1, 2002.
Any school police officer first employed by a K-12 public school
district or California Community College district after July 1, 1999,
shall successfully complete the specialized course of training
prescribed in subdivision (g) within two years of the date of first
employment.
(i) This section shall become operative January 1, 2019.
