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

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-Amended.html

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BILL NUMBER: AB 1168	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2015

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1168, as amended, Salas. Peace officers: basic training
requirements.
   Existing law requires peace officers to complete  an
introductory   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.  
appointment and maintains specified skills during that period. 

   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 832.3 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 Corrections   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. 

  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.