Bill Text: CA AB373 | 2015-2016 | Regular Session | Introduced


Bill Title: Peace officers: training.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB373 Detail]

Download: California-2015-AB373-Introduced.html
BILL NUMBER: AB 373	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Medina

                        FEBRUARY 17, 2015

   An act to add Section 832.35 to the Penal Code, relating to peace
officers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 373, as introduced, Medina. Peace officers: training.
   Existing federal law, commonly known as Public Law 280 (PL-280),
authorizes the state to exercise jurisdiction over offenses committed
by or against Indians in the areas of Indian country within the
state, and gives state criminal laws the same force and effect within
Indian country as they have elsewhere in the state.
   Existing state law creates the Commission on Peace Officer
Standards and Training that, among other things, establishes levels
of standards and training for peace officers, as specified. Existing
law requires the commission to implement courses of training related
to various topics applicable to peace officers.
   This bill would require each police chief, county sheriff, or
other head of a law enforcement agency to assess his or her
jurisdiction to determine if any Indian tribal lands, as defined, lie
within the jurisdiction. The bill would require, if the police
chief, county sheriff, or other head of a law enforcement agency
determines that Indian tribal lands exist within his or her
jurisdiction, to ensure that those peace officers employed by the
agency who work in, or adjacent to, Indian tribal lands, or who may
be responsible for responding to calls for service on, or adjacent
to, Indian tribal lands, complete a course that includes, but is not
limited to, a review of PL-280. The bill would provide that this
requirement may be satisfied by ensuring that those peace officers
complete a course that includes a review of PL-280 that is approved
by the commission. By creating new duties for local officials, the
bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 832.35 is added to the Penal Code, immediately
following Section 832.3, to read:
   832.35.  (a) Each police chief, county sheriff, or other head of a
law enforcement agency shall assess his or her jurisdiction to
determine if any Indian tribal lands lie within the jurisdiction.
   (b) (1) If the police chief, county sheriff, or other head of a
law enforcement agency determines that Indian tribal lands exist
within his or her jurisdiction, he or she shall ensure that those
peace officers employed by the agency who work in, or adjacent to,
Indian tribal lands, or who may be responsible for responding to
calls for service on, or adjacent to, Indian tribal lands, complete a
course that includes, but is not limited to, a review of the federal
Public Law 280 (18 U.S.C. Sec 1162; 28 U.S.C. Sec 1360; and 25
U.S.C. Sec 1321 through 1326, inclusive).
   (2) A police chief, county sheriff, or other head of a law
enforcement agency may satisfy the requirements of paragraph (1) by
ensuring that the peace officers described in that paragraph complete
a course that includes a review of the federal Public Law 280 (18
U.S.C. Sec 1162; 28 U.S.C. Sec 1360; and 25 U.S.C. Sec 1321 through
1326, inclusive) that is approved by the Commission on Peace Officer
Standards and Training, including, but not limited to, the course
titled "Policing Indian Lands."
   (c) For purposes of this section, "Indian tribal lands" means real
property belonging to, or held in trust for, a federally recognized
or state-recognized Indian tribe.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
                      
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