Bill Text: CA AB1598 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Emergency response services: active shooter incidents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 668, Statutes of 2014. [AB1598 Detail]
Download: California-2013-AB1598-Amended.html
Bill Title: Emergency response services: active shooter incidents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 668, Statutes of 2014. [AB1598 Detail]
Download: California-2013-AB1598-Amended.html
BILL NUMBER: AB 1598 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 23, 2014 AMENDED IN ASSEMBLY MARCH 28, 2014 INTRODUCED BY Assembly Member Rodriguez FEBRUARY 4, 2014 An act to amend Section 8588.10 of the Government Code, to amend Sections 1797.116 and 1797.132 of the Health and Safety Code, and to amend Sections 13514.1 and 13519.12 of the Penal Code, relating to emergency response services. LEGISLATIVE COUNSEL'S DIGEST AB 1598, as amended, Rodriguez. Emergency response services: active shooter incidents. (1) Existing law requires the Director of Emergency Services to establish a Curriculum Development Advisory Committee (CDAC) to, among other things, provide advice on the development of terrorism awareness course curricula and response training. Existing law establishes in the Department of Justice the Commission on Peace Officer Standards and Training (CPOST), which is required to, among other things, adopt rules establishing minimum standards relating to physical, mental, and moral fitness that govern the recruitment of peace officers. This bill would require CDAC to consult with CPOST. (2) Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (EMSA), which is responsible for the coordination and integration of all state agencies concerning emergency medical services. Under existing law, EMSA is required to establish training standards that include the criteria for the curriculum content recommended by CDAC, involving the responsibilities of first responders to terrorism incidents and to address the training needs of those identified as first responders. This bill would additionally require that those training standards include criteria for coordinating between different responding entities. (3) Existing law establishes the Interdepartmental Committee on Emergency Medical Services (ICEMS), which is required to advise EMSA on the coordination and integration of all state activities concerning emergency medical services. This bill would require ICEMS to consult with CPOST regarding emergency medical services integration and coordination with peace officer training. (4) Existing law requires CPOST to develop and disseminate guidelines and standardized training recommendations for Special Weapons and Tactics (SWAT) teams, as specified, that would be available for use by law enforcement agencies that conduct SWAT operations. Under existing law, those guidelines are required, at a minimum, to address legal and practical issues of SWAT operations, personnel selection, fitness requirements, planning, hostage negotiation, tactical issues, safety, rescue methods, after-action evaluation of operations, logistical and resource needs, uniform and firearms requirements, risk assessment, policy considerations, and multijurisdictional SWAT operations. Existing law also directs CPOST to establish training standards and develop a course of instruction involving the responsibilities of first responders to terrorism incidents, as specified. This bill would additionally require those guidelines and training standards to address tactical casualty care and coordination with emergency medical services providers. The bill would make related legislative findings and declarations, and include a related statement of legislative intent. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) (1) The Legislature finds and declares that since the Columbine High School shootings that occurred in 1999, more than 250 people have been killed in the United States during what has been classifi ed as active shooter and mass casualty incidents. These incidents involve one or more suspects who participate in an ongoing, random, or systematic shooting spree, demonstrating the intent to harm others with the objective of mass murder. (2) It has become evident that these events may take place in any community or venue and that they impact fire and police departments, regardless of their size or capacity. Local jurisdictions vary widely in available emergency response resources, staffing, and equipment allocations. Protocols and training for response to active shooter incidents must be established locally to work within the resource capabilities and limitations of each jurisdiction. (b) It is therefore the intent of the Legislature to do all of the following: (1) Require the development of collaborative protocols and relationships between local and state first response entities, including law enforcement agencies, fire departments, and emergency medical services providers and agencies, in order that those entities shall act effectively and in concert to address active shooter incidents across California. (2) Require first response entities to seek collaborative training opportunities, including, but not limited to, table top or simulation exercises, to assess plan implementations, and to include other entities that may be involved in active shooter incidents in those trainings, such as schools, city or county personnel, and private businesses. (3) Require basic and ongoing training for law enforcement agency personnel, fire department personnel, emergency medical services personnel, and the personnel for other first responders include, as appropriate, training and education on active shooter incidents, tactical casualty care, and interagency coordination. (c) It is further the intent of the Legislature that each first response entity, in collaboration with other law enforcement agencies, fire departments, and emergency medical services providers and agencies, develop protocols for responding to active shooter incidents. It is the intent of the Legislature that those protocols be reviewed annually to ensure that they are current, and address any policy, geographic, or demographic changes that warrant a response strategy review. The Legislature intends that the protocols address all of the following: (1) The roles, responsibilities, and policies of each entity in responding to an active shooter incident. (2) Preassessment and contingency planning that includes identification of potential targets within the jurisdiction. (3) Implementation of an Incident Command System (ICS), including emergency protocols for a unified command structure for entities responding to an active shooter incident. (4) Interagency communication issues and needs, including, but not limited to, radio interoperability and establishment of common language, terms, and definitions to be used on the scene of an active shooter incident. (5) Identification of resources for responding to an active shooter incident, including, but not limited to, primary and secondary needs and hospitals. (6) Tactical deployment of available resources for responding to an active shooter incident. (7) Emergency treatment and extraction of persons injured in an active shooter incident.SECTION 1.SEC. 2. Section 8588.10 of the Government Code is amended to read: 8588.10. (a) The director shall establish a Curriculum Development Advisory Committee to advise the office on the development of course curricula, as specified by the director. (b) The committee shall be chaired by the director, who will appoint members as appropriate. In appointing members to the committee, the director shall include representatives from the following: (1) State public safety, health, first responder, and emergency services departments or agencies, as deemed appropriate by the director. (2) Local first responder agencies. (3) Local public safety agencies. (4) Nonprofit organizations, as deemed appropriate by the director. (5) Any other state, local, tribal, or nongovernmental organization determined by the director to be appropriate. (c) The committee shall consult with the Commission on Peace Officer Standards and Training.SEC. 2.SEC. 3. Section 1797.116 of the Health and Safety Code is amended to read: 1797.116. (a) The authority shall establish additional training standards that include the criteria for the curriculum content recommended by the Curriculum Development Advisory Committee established pursuant to Section 8588.10 of the Government Code, involving the responsibilities of first responders to terrorism incidents and to address the training needs of those identified as first responders. Training standards shall include, but not be limited to, criteria for coordinating between different responding entities. (b) Every EMT I, EMT II, and EMT-P, as defined in Sections 1797.80, 1797.82, and 1797.84, may receive the appropriate training described in this section. Pertinent training previously completed by any jurisdiction's EMT I, EMT II, or EMT-P personnel and meeting the training requirements of this section may be submitted to the training program approving authority to assess its content and determine whether it meets the training standards prescribed by the authority.SEC. 3.SEC. 4. Section 1797.132 of the Health and Safety Code is amended to read: 1797.132. An Interdepartmental Committee on Emergency Medical Services is hereby established. This committee shall advise the authority on the coordination and integration of all state activities concerning emergency medical services. The committee shall include a representative from each of the following state agencies and departments: the Office of Emergency Services, the Department of the California Highway Patrol, the Department of Motor Vehicles, a representative of the administrator of the California Traffic Safety Program as provided by Chapter 5 (commencing with Section 2900) of Division 2 of the Vehicle Code, the Medical Board of California, the State Department of Public Health, the Board of Registered Nursing, the State Department of Education, the National Guard, the Office of Statewide Health Planning and Development, the State Fire Marshal, the California Conference of Local Health Officers, the Department of Forestry and Fire Protection, the Chancellor's Office of the California Community Colleges, and the Department of General Services. The committee shall consult with the Commission on Peace Officer Standards and Training regarding emergency medical services integration and coordination with peace officer training.SEC. 4.SEC. 5. Section 13514.1 of the Penal Code is amended to read: 13514.1. (a) On or before July 1, 2005, the commission shall develop and disseminate guidelines and standardized training recommendations for all law enforcement officers, supervisors, and managers whose agency assigns them to perform, supervise, or manage Special Weapons and Tactics (SWAT) operations. The guidelines and standardized training recommendations shall be available for use by law enforcement agencies that conduct SWAT operations. (b) The training and guidelines shall be developed in consultation with law enforcement officers, the Attorney General's office, supervisors, and managers, SWAT trainers, legal advisers, and others selected by the commission. Development of the training and guidelines shall include consideration of the recommendations contained in the Attorney General's Commission on Special Weapons and Tactics (S.W.A.T.) Final Report of 2002. (c) The standardized training recommendations shall at a minimum include initial training requirements for SWAT operations, refresher or advanced training for experienced SWAT members, and supervision and management of SWAT operations. (d) The guidelines shall at minimum address legal and practical issues of SWAT operations, personnel selection, fitness requirements, planning, hostage negotiation, tactical issues, safety, rescue methods, tactical casualty care, coordination with emergency medical services providers, after-action evaluation of operations, logistical and resource needs, uniform and firearms requirements, risk assessment, policy considerations, and multijurisdictional SWAT operations. (e) The guidelines shall provide procedures for approving the prior training of officers, supervisors, and managers that meet the standards and guidelines developed by the commission pursuant to this section, in order to avoid duplicative training.SEC. 5.SEC. 6. Section 13519.12 of the Penal Code is amended to read: 13519.12. (a) Pursuant to Section 13510, the Commission on Peace Officer Standards and Training shall establish training standards and develop a course of instruction that includes the criteria for the curriculum content recommended by the Curriculum Development Advisory Committee established pursuant to Section 8588.10 of the Government Code, involving the responsibilities of first responders to terrorism incidents. The course of instruction shall address the training needs of peace officers at a managerial or supervisory level and below who are assigned to field duties. The training shall be developed in consultation with the Department of Justice and other individuals knowledgeable about terrorism and address current theory, terminology, historical issues, and procedures necessary to appropriately respond to and effectively mitigate the effects of a terrorism incident, including, but not limited to, appropriate tactical casualty care and coordination with emergency medical services providers that respond to the incident. (b) The commission shall expedite the delivery of this training to law enforcement through maximum use of its local and regional delivery systems. (c) To maximize the availability and delivery of training, the commission shall develop a course of instruction to train trainers and first responders dealing with terrorism incidents using a variety of formats. (d) Every police chief and sheriff, the Commissioner of the Highway Patrol, and other general law enforcement agency executives may determine the members of their agency to receive the emergency response to terrorism incidents training developed by the commission under this section. The persons to be trained may include, but are not limited to, peace officers that perform general law enforcement duties at a managerial or supervisory level or below and are assigned to field duties. (e) For purposes of this section, a "terrorism incident" includes, but is not limited to, an active shooter incident. An "active shooter incident" is an incident where an individual is actively engaged in killing or attempting to kill people in a confined area.