Bill Text: CA AB1168 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 1168	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 27, 2015

   An act to amend, repeal, and add Section 832 of the Penal Code,
relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1168, as introduced, Salas. Peace officers: basic training
requirements.
   Existing law requires peace officers to complete an introductory
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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 832 of the Penal Code is amended to read:
   832.  (a) Every person described in this chapter as a peace
officer shall satisfactorily complete an introductory training course
prescribed by the Commission on Peace Officer Standards and
Training. On or after July 1, 1989, satisfactory completion of the
course shall be demonstrated by passage of an appropriate examination
developed or approved by the commission. Training in the carrying
and use of firearms shall not be required of a peace officer whose
employing agency prohibits the use of firearms.
   (b) (1) Every peace officer described in this chapter, prior to
the exercise of the powers of a peace officer, shall have
satisfactorily completed the training course described in subdivision
(a).
   (2) Every peace officer described in Section 13510 or in
subdivision (a) of Section 830.2 may satisfactorily complete the
training required by this section as part of the training prescribed
pursuant to Section 13510.
   (c) Persons described in this chapter as peace officers who have
not satisfactorily completed the course described in subdivision (a),
as specified in subdivision (b), shall not have the powers of a
peace officer until they satisfactorily complete the course.
   (d) A peace officer who, on March 4, 1972, possesses or is
qualified to possess the basic certificate as awarded by the
Commission on Peace Officer Standards and Training is exempted from
this section.
   (e) (1) A person completing the training described in subdivision
(a) who does not become employed as a peace officer within three
years from the date of passing the examination described in
subdivision (a), or who has a three-year or longer break in service
as a peace officer, shall pass the examination described in
subdivision (a) prior to the exercise of the powers of a peace
officer, except for a person described in paragraph (2).
   (2) The requirement in paragraph (1) does not apply to a person
who meets any of the following requirements:
   (A) Is returning to a management position that is at the second
level of supervision or higher.
   (B) Has successfully requalified for a basic course through the
Commission on Peace Officer Standards and Training.
   (C) Has maintained proficiency through teaching the course
described in subdivision (a).
   (D) During the break in California service, was continuously
employed as a peace officer in another state or at the federal level.

   (E) Has previously met the requirements of subdivision (a), has
been appointed as a peace officer under subdivision (c) of Section
830.1, and has been continuously employed as a custodial officer as
defined in Section 831 or 831.5 by the agency making the peace
officer appointment since completing the training prescribed in
subdivision (a). 
   (F) Has previously met the requirements of subdivision (a), is
being appointed as a peace officer under subdivision (a) of Section
830.1, and has been continuously employed as a peace officer as
defined in subdivision (c) of Section 830.1 for a period not
exceeding five years by the agency making the peace officer
appointment since completing the training prescribed in subdivision
(a). 
   (f) The commission may charge appropriate fees for the examination
required by subdivision (e), not to exceed actual costs.
   (g) Notwithstanding any other law, the commission may charge
appropriate fees for the examination required by subdivision (a) to
each applicant who is not sponsored by a local or other law
enforcement agency, or is not a peace officer employed by, or under
consideration for employment by, a state or local agency, department,
or district, or is not a custodial officer as defined in Sections
831 and 831.5. The fees shall not exceed actual costs.
   (h) A probation department that is a certified provider of the
training course described in this section shall not be required to
offer the course to the general public. 
   (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 is added to the Penal Code, to read:
   832.  (a) Every person described in this chapter as a peace
officer shall satisfactorily complete an introductory training course
prescribed by the Commission on Peace Officer Standards and
Training. On or after July 1, 1989, satisfactory completion of the
course shall be demonstrated by passage of an appropriate examination
developed or approved by the commission. Training in the carrying
and use of firearms shall not be required of a peace officer whose
employing agency prohibits the use of firearms.
   (b) (1) Every peace officer described in this chapter, prior to
the exercise of the powers of a peace officer, shall have
satisfactorily completed the training course described in subdivision
(a).
   (2) Every peace officer described in Section 13510 or in
subdivision (a) of Section 830.2 may satisfactorily complete the
training required by this section as part of the training prescribed
pursuant to Section 13510.
   (c) Persons described in this chapter as peace officers who have
not satisfactorily completed the course described in subdivision (a),
as specified in subdivision (b), shall not have the powers of a
peace officer until they satisfactorily complete the course.
   (d) A peace officer who, on March 4, 1972, possesses or is
qualified to possess the basic certificate as awarded by the
Commission on Peace Officer Standards and Training is exempted from
this section.
   (e) (1) A person completing the training described in subdivision
(a) who does not become employed as a peace officer within three
years from the date of passing the examination described in
subdivision (a), or who has a three-year or longer break in service
as a peace officer, shall pass the examination described in
subdivision (a) prior to the exercise of the powers of a peace
officer, except for a person described in paragraph (2).
   (2) The requirement in paragraph (1) does not apply to a person
who meets any of the following requirements:
   (A) Is returning to a management position that is at the second
level of supervision or higher.
   (B) Has successfully requalified for a basic course through the
Commission on Peace Officer Standards and Training.
   (C) Has maintained proficiency through teaching the course
described in subdivision (a).
   (D) During the break in California service, was continuously
employed as a peace officer in another state or at the federal level.

   (E) Has previously met the requirements of subdivision (a), has
been appointed as a peace officer under subdivision (c) of Section
830.1, and has been continuously employed as a custodial officer as
defined in Section 831 or 831.5 by the agency making the peace
officer appointment since completing the training prescribed in
subdivision (a).
   (f) The commission may charge appropriate fees for the examination
required by subdivision (e), not to exceed actual costs.
   (g) Notwithstanding any other law, the commission may charge
appropriate fees for the examination required by subdivision (a) to
each applicant who is not sponsored by a local or other law
enforcement agency, or is not a peace officer employed by, or under
consideration for employment by, a state or local agency, department,
or district, or is not a custodial officer as defined in Sections
831 and 831.5. The fees shall not exceed actual costs.
   (h) A probation department that is a certified provider of the
training course described in this section shall not be required to
offer the course to the general public.
   (i) This section shall become operative January 1, 2019.