Bill Text: CA AB546 | 2015-2016 | Regular Session | Chaptered

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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 200, Statutes of 2015. [AB546 Detail]

Download: California-2015-AB546-Chaptered.html

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BILL NUMBER: AB 546	CHAPTERED
	BILL TEXT

	CHAPTER  200
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2015
	APPROVED BY GOVERNOR  AUGUST 13, 2015
	PASSED THE SENATE  JULY 13, 2015
	PASSED THE ASSEMBLY  JULY 16, 2015
	AMENDED IN SENATE  JUNE 29, 2015
	AMENDED IN SENATE  JUNE 15, 2015

INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 23, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 546, Gonzalez. Peace officers: basic training requirements.
   Existing law requires every peace officer to complete an
introductory course of training prescribed by the Commission on Peace
Officer Standards and Training, except for specifically exempted
categories of peace officers, and imposes other training requirements
on those persons who would exercise the powers of peace officers.
Existing law provides that a probation department that is a certified
provider of that training course shall not be required to offer the
course to the general public.
   This bill would require the commission, when evaluating a
certification request from a probation department for that training
course, to deem there to be an identifiable and unmet need for the
training course.


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) 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) (1) When evaluating a certification request from a probation
department for a training course described in this section, the
commission shall deem there to be an identifiable and unmet need for
the training course.
   (2) 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.