Bill Text: CA AB60 | 2021-2022 | Regular Session | Introduced


Bill Title: Law enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-11 - Referred to Com. on PUB. S. [AB60 Detail]

Download: California-2021-AB60-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 60


Introduced by Assembly Member Salas

December 07, 2020


An act to amend Section 1029 of the Government Code, and to amend Sections 832.7, 832.18, 13503, 13506, 13510, 13510.1, and 13512 of, to amend the heading of Article 2 (commencing with Section 13510) of Chapter 1 of Title 4 of Part 4 of, and to add Sections 13509.6, 13510.8, and 13510.9 to, the Penal Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 60, as introduced, Salas. Law enforcement.
(1) Existing laws defines persons who are peace officers and the entities authorized to appoint them. Existing law requires certain minimum training requirements for peace officers including the completion of a basic training course, as specified. Existing law prescribes certain minimum standards for a person to be appointed as a peace officer, including moral character and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction.
This bill would disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated by a military tribunal as having committed an offense that would have been a felony if committed in this state. The bill would also disqualify any person who has been certified as a peace officer by the Commission on Peace Officer Standards and Training and has had that certification revoked by the commission.
(2)   Existing law establishes the Commission on Peace Officer Standards and Training to set minimum standards for the recruitment and training of peace officers and to develop training courses and curriculum. Existing law authorizes the commission to establish a professional certificate program that awards basic, intermediate, advanced, supervisory, management, and executive certificates on the basis of a combination of training, education, experience, and other prerequisites, for the purpose of fostering the professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officers. Existing law authorizes the commission to cancel a certificate that was awarded in error or obtained through misrepresentation or fraud, but otherwise prohibits the commission from canceling a certificate that has properly been issued.
This bill would require the commission to create a certification program for specified peace officers. The bill would create the Peace Officer Standards Accountability Advisory Board with 10 members to be appointed as specified. The bill would require the board to review reports of serious misconduct by peace officers, as specified, and to make a recommendation to the commission. The bill would require the commission to adopt the recommendation of the board if supported by clear and convincing evidence and, if action is to be taken against an officer's certification, to commence formal proceedings consistent with the Administrative Procedure Act.
The bill would make all records related to the revocation of a peace officer’s certification public.
The bill would require an agency employing peace officers to report to the commission the termination or separation from employment of a peace officer with any complaint, charge, allegation, or investigation into the serious misconduct of a peace officer, to complete the investigation into any such misconduct, and to report the results of the investigation and resulting administrative action to the commission.
(3) Existing law requires law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and nonevidentiary data, as defined.
This bill would make those requirements applicable to data obtained from unmanned aircraft systems.
By imposing new requirements on local agencies, this 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1029 of the Government Code is amended to read:

1029.
 (a) Except as provided in subdivision (b), (c), or (d), or (e), each of the following persons is disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and county or other political subdivision, whether with or without compensation, and is disqualified from any office or employment by the state, county, city, city and county or other political subdivision, whether with or without compensation, which confers upon the holder or employee the powers and duties of a peace officer:
(1) Any person who has been convicted of a felony.
(2) Any person who has been convicted of any offense in any other jurisdiction which would have been a felony if committed in this state.
(3) Any person who has been discharged from the military for committing an offense, as adjudicated by a military tribunal, which would have been a felony if committed in this state.

(3)

(4) Any person who, after January 1, 2004, has been convicted of a crime based upon a verdict or finding of guilt of a felony by the trier of fact, or upon the entry of a plea of guilty or nolo contendere to a felony. This paragraph shall apply applies regardless of whether, pursuant to subdivision (b) of Section 17 of the Penal Code, the court declares the offense to be a misdemeanor or the offense becomes a misdemeanor by operation of law.

(4)

(5) Any person who has been charged with a felony and adjudged by a superior court to be mentally incompetent under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code.

(5)

(6) Any person who has been found not guilty by reason of insanity of any felony.

(6)

(7) Any person who has been determined to be a mentally disordered sex offender pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.

(7)

(8) Any person adjudged addicted or in danger of becoming addicted to narcotics, convicted, and committed to a state institution as provided in Section 3051 of the Welfare and Institutions Code.
(9) Any person who has been issued the certification described in Section 13510.1 of the Penal Code, and has had that certification revoked by the Commission on Peace Officer Standards and Training.
(b) (1) A plea of guilty to a felony pursuant to a deferred entry of judgment program as set forth in Sections 1000 to 1000.4, inclusive, of the Penal Code shall not alone disqualify a person from being a peace officer unless a judgment of guilty is entered pursuant to Section 1000.3 of the Penal Code.
(2) A person who pleads guilty or nolo contendere to, or who is found guilty by a trier of fact of, an alternate felony-misdemeanor drug possession offense and successfully completes a program of probation pursuant to Section 1210.1 of the Penal Code shall not be disqualified from being a peace officer solely on the basis of the plea or finding if the court deems the offense to be a misdemeanor or reduces the offense to a misdemeanor.
(c) Any person who has been convicted of a felony, other than a felony punishable by death, in this state or any other state, or who has been convicted of any offense in any other state which would have been a felony, other than a felony punishable by death, if committed in this state, and who demonstrates the ability to assist persons in programs of rehabilitation may hold office and be employed as a parole officer of the Department of Corrections or the Department of the Youth Authority, and Rehabilitation or as a probation officer in a county probation department, if he or she the person has been granted a full and unconditional pardon for the felony or offense of which he or she was they were convicted. Notwithstanding any other provision of law, the Department of Corrections or the Department of the Youth Authority, and Rehabilitation or a county probation department, may refuse to employ that person regardless of his or her their qualifications.
(d) Nothing in this section shall be construed to This section does not limit or curtail the power or authority of any board of police commissioners, chief of police, sheriff, mayor, or other appointing authority to appoint, employ, or deputize any person as a peace officer in time of disaster caused by flood, fire, pestilence or similar public calamity, or to exercise any power conferred by law to summon assistance in making arrests or preventing the commission of any criminal offense.
(e) Nothing in this section shall be construed to This section does not prohibit any person from holding office or being employed as a superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, if at the time of the person’s hire a prior conviction of a felony was known to the person’s employer, and the class of office for which the person was hired was not declared by law to be a class prohibited to persons convicted of a felony, but as a result of a change in classification, as provided by law, the new classification would prohibit employment of a person convicted of a felony.

SEC. 2.

 Section 832.7 of the Penal Code is amended to read:

832.7.
 (a) Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, or the Attorney General’s office. office, or the Commission on Peace Officer Standards and Training.
(b) (1) Notwithstanding subdivision (a), subdivision (f) of Section 6254 of the Government Code, or any other law, the following peace officer or custodial officer personnel records and records maintained by any state or local agency shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code):
(A) A record relating to the report, investigation, or findings of any of the following:
(i) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
(ii) An incident in which the use of force by a peace officer or custodial officer against a person resulted in death, or in great bodily injury.
(B) (i) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public.
(ii) As used in this subparagraph, “sexual assault” means the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority. For purposes of this definition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault.
(iii) As used in this subparagraph, “member of the public” means any person not employed by the officer’s employing agency and includes any participant in a cadet, explorer, or other youth program affiliated with the agency.
(C)  Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence.
(2) Records that shall be released pursuant to this subdivision include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
(3) A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision.
(4) If an investigation or incident involves multiple officers, information about allegations of misconduct by, or the analysis or disposition of an investigation of, an officer shall not be released pursuant to subparagraph (B) or (C) of paragraph (1), unless it relates to a sustained finding against that officer. However, factual information about that action of an officer during an incident, or the statements of an officer about an incident, shall be released if they are relevant to a sustained finding against another officer that is subject to release pursuant to subparagraph (B) or (C) of paragraph (1).
(5) An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:
(A) To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace and custodial officers.
(B) To preserve the anonymity of complainants and witnesses.
(C) To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about misconduct and serious use of force by peace officers and custodial officers.
(D) Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person.
(6) Notwithstanding paragraph (5), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
(7) An agency may withhold a record of an incident described in subparagraph (A) of paragraph (1) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:
(A) (i) During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the use of force occurred or until the district attorney determines whether to file criminal charges related to the use of force, whichever occurs sooner. If an agency delays disclosure pursuant to this clause, the agency shall provide, in writing, the specific basis for the agency’s determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.
(ii) After 60 days from the use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an officer who used the force. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agency’s determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner.
(iii) After 60 days from the use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against someone other than the officer who used the force. If an agency delays disclosure under this clause, the agency shall, at 180-day intervals, provide, in writing, the specific basis why disclosure could reasonably be expected to interfere with a criminal enforcement proceeding, and shall provide an estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner, unless extraordinary circumstances warrant continued delay due to the ongoing criminal investigation or proceeding. In that case, the agency must show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal investigation or proceeding outweighs the public interest in prompt disclosure of records about use of serious force by peace officers and custodial officers. The agency shall release all information subject to disclosure that does not cause substantial prejudice, including any documents that have otherwise become available.
(iv) In an action to compel disclosure brought pursuant to Section 6258 of the Government Code, an agency may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule thereto, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation.
(B) If criminal charges are filed related to the incident in which force was used, the agency may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.
(C) During an administrative investigation into an incident described in subparagraph (A) of paragraph (1), the agency may delay the disclosure of records or information until the investigating agency determines whether the use of force violated a law or agency policy, but no longer than 180 days after the date of the employing agency’s discovery of the use of force, or allegation of use of force, by a person authorized to initiate an investigation, or 30 days after the close of any criminal investigation related to the peace officer or custodial officer’s use of force, whichever is later.
(8) A record of a civilian complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or if the complaint is unfounded.
(c) Notwithstanding subdivisions (a) and (b), a department or agency shall release to the complaining party a copy of his or her the complaining party’s own statements at the time the complaint is filed.
(d) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form which does not identify the individuals involved.
(e) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement he or she knows that they know to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or his or her their agent or representative.
(f) (1) The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.
(2) The notification described in this subdivision shall not be conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States.
(g) This section does not affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code.
(h) This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to subdivision (a), which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.
(i) Nothing in this chapter is intended to limit the public’s right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.

SEC. 3.

 Section 832.18 of the Penal Code is amended to read:

832.18.
 (a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices.
(b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data:
(1) Designate the person responsible for downloading the recorded data from the body-worn camera. If the storage system does not have automatic downloading capability, the officer’s supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident.
(2) Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data.
(3) Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data.
(4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data.
(5) Specifically state the length of time that recorded data is to be stored.
(A) Unless subparagraph (B) or (C) applies, nonevidentiary data including video and audio recorded by a body-worn camera should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. An agency may keep data for more than 60 days to have it available in case of a civilian complaint and to preserve transparency.
(B) Evidentiary data including video and audio recorded by a body-worn camera under this section should be retained for a minimum of two years under any of the following circumstances:
(i) The recording is of an incident involving the use of force by a peace officer or an officer-involved shooting.
(ii) The recording is of an incident that leads to the detention or arrest of an individual.
(iii) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency.
(C) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency should retain the recording for any time in addition to that specified in subparagraphs (A) and (B), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution.
(D) In determining a retention schedule, the agency should work with its legal counsel to determine a retention schedule to ensure that storage policies and practices are in compliance with all relevant laws and adequately preserve evidentiary chains of custody.
(E) Records or logs of access and deletion of data from body-worn cameras should be retained permanently.
(6) State where the body-worn camera data will be stored, including, for example, an in-house server which is managed internally, or an online cloud database which is managed by a third-party vendor.
(7) If using a third-party vendor to manage the data storage system, the following factors should be considered to protect the security and integrity of the data:
(A) Using an experienced and reputable third-party vendor.
(B) Entering into contracts that govern the vendor relationship and protect the agency’s data.
(C) Using a system that has a built-in audit trail to prevent data tampering and unauthorized access.
(D) Using a system that has a reliable method for automatically backing up data for storage.
(E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns.
(F) Using a system that includes technical assistance capabilities.
(8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media Internet Web sites, and include sanctions for violations of this prohibition.
(c) The provisions of subdivision (b) shall also apply to a law enforcement agency’s policies and procedures regarding the retrieval and retention of data recorded by an unmanned aircraft system or drone operated by that agency.

(c)

(d) (1) For purposes of this section, “evidentiary data” refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. The retention period for evidentiary data are subject to state evidentiary laws.
(2) For purposes of this section, “nonevidentiary data” refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty.

(d)

(e) This section shall not be interpreted to limit the public’s right to access recorded data under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

SEC. 4.

 Section 13503 of the Penal Code is amended to read:

13503.
 In carrying out its duties and responsibilities, the commission shall have all of the following powers:
(a) To meet at those times and places as it may deem proper.
(b) To employ an executive secretary and, pursuant to civil service, those clerical and technical assistants as may be necessary.
(c) To contract with other agencies, public or private, or persons as it deems necessary, for the rendition and affording of those services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities.
(d) To cooperate with and to secure the cooperation of county, city, city and county, and other local law enforcement agencies in investigating any matter within the scope of its duties and responsibilities, and in performing its other functions.
(e) To develop and implement programs to increase the effectiveness of law enforcement and when those programs involve training and education courses to cooperate with and secure the cooperation of state-level officers, agencies, and bodies having jurisdiction over systems of public higher education in continuing the development of college-level training and education programs.
(f) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government.
(g) To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it.

(h)The commission shall not have the authority to adopt or carry out a regulation that authorizes the withdrawal or revocation of a certificate previously issued to a peace officer pursuant to this chapter.

(i)Except as specifically provided by law, the commission shall not have the authority to cancel a certificate previously issued to a peace officer pursuant to this chapter.

(h) To suspend, cancel, or revoke any certificate or proof of eligibility previously issued to a peace officer pursuant to this chapter.

SEC. 5.

 Section 13506 of the Penal Code is amended to read:

13506.
 The commission may adopt those regulations as are necessary to carry out the purposes of this chapter. The commission shall not have the authority to adopt or carry out a regulation that authorizes the withdrawal or revocation of a certificate previously issued to a peace officer pursuant to this chapter. Except as specifically provided by law, the commission shall not have the authority to adopt regulations providing for the cancellation of a certificate.

SEC. 6.

 Section 13509.6 is added to the Penal Code, to read:

13509.6.
 (a) No later than January 1, 2022, the Governor shall establish the Peace Officer Standards Accountability Advisory Board, hereafter referred to in this chapter as the board.
(b) The purpose of the board shall be to make recommendations on the decertification of peace officers to the commission for final determination.
(c) The protection of the public shall be the highest priority for the board as it upholds the standards for peace officers in California. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(d) The board shall consist of 10 members, as follows:
(1) Three members shall be peace officers or former peace officers with substantial experience as the head of an agency or at an executive rank. These members shall be appointed by the Governor.
(2) Two members shall be peace officers or former peace officers with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers, appointed by the Governor.
(3) Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at nonprofit or academic institutions on issues related to criminal justice, or experience determining peace officer disciplinary appeals as a hearing officer or member of a civil service board or commission. One of these members shall be appointed by the Governor and one by the Speaker of the Assembly.
(4) Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at community-based organizations on issues related to criminal justice. One of these members shall be appointed by the Governor and one by the Senate Rules Committee.
(5) One member shall be an attorney, who shall not be a former peace officer, with substantial professional experience involving oversight of peace officers, appointed by the Governor.
(e) Except as otherwise provided in subdivision (f), each member shall be appointed for a term of three years and shall hold office until the appointment of the member’s successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever occurs first. Vacancies occurring shall be filled by appointment for the unexpired term of a person with the same qualification for appointment as the person being replaced. No person shall serve more than two terms consecutively. The Governor shall remove from the board any peace officer member whose certification as a peace officer has been revoked. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause, including any demonstrated bias or inability to maintain impartiality regarding allegations of misconduct against a peace officer.
(f) Of the members initially appointed to the board, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Successor appointments shall be made pursuant to subdivision (e).
(g) Each member of the board shall receive a per diem of three hundred fifty dollars ($350) for each day actually spent in the discharge of official duties, including reasonable time spent in preparation for public hearings, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. Upon request of a member based on financial necessity, the commission shall arrange and make direct payment for travel or other necessities rather than providing reimbursement.

SEC. 7.

 The heading of Article 2 (commencing with Section 13510) of Chapter 1 of Title 4 of Part 4 of the Penal Code is amended to read:
Article  2. Field Services and Standards for Recruitment and Training Services, Standards, and Certification.

SEC. 8.

 Section 13510 of the Penal Code is amended to read:

13510.
 (a) (1) For the purpose of raising the level of competence of local law enforcement officers, the commission shall adopt, and may from time to time amend, rules establishing and upholding minimum standards relating to physical, mental, and moral fitness that shall govern the recruitment of any city police officers, peace officer members of a county sheriff’s office, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, or housing authority police departments.
(2) The commission also shall adopt, and may from time to time amend, rules establishing minimum standards for training of city police officers, peace officer members of county sheriff’s offices, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, and housing authority police departments.

These

(3) These rules shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter and shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The commission shall conduct research concerning job-related educational standards and job-related selection standards to include vision, hearing, physical ability, and emotional stability. Job-related standards that are supported by this research shall be adopted by the commission prior to January 1, 1985, and shall apply to those peace officer classes identified in subdivision (a). The commission shall consult with local entities during the conducting of related research into job-related selection standards.
(c) For the purpose of raising the level of competence of local public safety dispatchers, the commission shall adopt, and may from time to time amend, rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies described in subdivision (a), which standards shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter. These standards also shall apply to consolidated dispatch centers operated by an independent public joint powers agency established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code when providing dispatch services to the law enforcement personnel listed in subdivision (a). Those rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, “primary responsibility” refers to the performance of law enforcement dispatching duties for a minimum of 50 percent of the time worked within a pay period.
(d) Nothing in this section shall This section does not prohibit a local agency from establishing selection and training standards that exceed the minimum standards established by the commission.

SEC. 9.

 Section 13510.1 of the Penal Code is amended to read:

13510.1.
 (a) The commission shall establish a certification program for peace officers specified in Sections 13510 and 13522 and for the California Highway Patrol. Certificates of the commission established pursuant to this section shall be considered professional certificates. described in Section 830.1, 830.2 with the exception of those described in subdivision (d) of that section, 830.3, 830.32, or 830.33, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program. A certificate or proof of eligibility issued pursuant to this section shall be considered the property of the commission.
(b) Basic, intermediate, advanced, supervisory, management, and executive certificates shall be established for the purpose of fostering professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officer members of city police departments, county sheriffs’ departments, districts, university and state university and college departments, or by the California Highway Patrol.
(c) (1) Certificates shall be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission.
(2) In determining whether an applicant for certification has the requisite education, the commission shall recognize as acceptable college education only the following:
(A) Education provided by a community college, college, or university which has been accredited by the department of education of the state in which the community college, college, or university is located or by a recognized national or regional accrediting body.
(B) Until January 1, 1998, educational courses or degrees provided by a nonaccredited but state-approved college that offers programs exclusively in criminal justice.
(d) Persons who are determined by the commission to be eligible peace officers may make application for the certificates, provided they are employed by an agency which participates in the Peace Officer Standards and Training (POST) POST program. Any person described in subdivision (a) who is not eligible for a certificate shall make application for proof of eligibility.
(e) The commission shall assign to each person who applies for or receives certification a unique identifier that shall be used to track certification status from application for certification through that person’s career as a peace officer.

(e)

(f) The commission shall have the authority to suspend, revoke, or cancel any certificate that has been obtained through misrepresentation or fraud or that was issued as the result of an administrative error on the part of the commission or the employing agency. certification pursuant to this chapter.
(g) As used in this chapter, “certification” means a valid and unexpired basic certificate or proof of eligibility issued by the commission pursuant to this section.

SEC. 10.

 Section 13510.8 is added to the Penal Code, to read:

13510.8.
 (a) A certified peace officer shall have their certification suspended or revoked, and an applicant shall have their application for certification denied, upon a determination that the peace officer or applicant has done any of the following:
(1) The person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.
(2) The person has been terminated for cause from employment as a peace officer for serious misconduct.
(b) The commission shall adopt by regulation a definition of “serious misconduct” that shall serve as the criteria to be considered for ineligibility for, or suspension or revocation of, certification. This definition shall, without limitation, include all of the following:
(1) Dishonesty, including, but not limited to, false statements, filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct.
(2) Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
(3) Physical abuse, including, but not limited to, the use of excessive force or failure to reasonably intervene when excessive force is used.
(4) Sexual assault, as described in subdivision (b) of Section 832.7.
(5) Bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner.
(6) Participation in organized criminal operations.
(c) Each law enforcement agency is responsible for the investigation of allegations of serious misconduct, regardless of the subject peace officer’s employment status. The commission shall have access, as necessary, to review the investigative file and administrative appeal record of an agency, which may include prior complaints in the peace officer’s record. The commission will only have authority to review these files for purposes of decertification.
(d) A law enforcement agency shall notify the commission, within 10 days after a peace officer employed by the agency has become the subject of three or more allegations of serious misconduct within a five-year period, to review the peace officer’s file and any investigation carried out by the agency.
(e) If the commission finds that a thorough investigation into serious misconduct was not completed, the commission shall notify the law enforcement agency of this finding and the agency shall respond in writing within 30 days.
(f) The commission shall post both its findings and the written response from law enforcement on its internet website. Prior to posting this information, the commission shall remove all personal identifying information of the agency, the individual officers involved, or any other parties involved.

SEC. 11.

 Section 13510.9 is added to the Penal Code, to read:

13510.9.
 (a) Every law enforcement agency, including any police department, sheriff’s department, or other entity that employs any peace officer described in Section 830.1, 830.2 with the exception of those described in subdivision (d) of that section, Section 830.3, 830.32, or 830.33, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program, shall notify the commission within 10 days, in a form approved by the commission, after a peace officer employed by that agency separates from employment, including, without limitation, any termination, resignation, or retirement in lieu of termination or when pending allegations of serious misconduct.
(b) The notification described in subdivision (a) shall include, as applicable, a summary of the allegations known to the law enforcement agency at the time, and the status of any administrative appeal pursuant to the Public Safety Officers Procedural Bill of Rights Act. Supplemental notification shall be provided once the appeal is exhausted. The supplemental notification shall indicate whether the termination was sustained as defined in Section 832.8.
(c) If a peace officer resigns or retires with a pending complaint, charge, or investigation of serious misconduct, the employing agency shall do all of the following:
(1) Specify in the notification to the commission that the officer has resigned or retired with a pending complaint, charge, or investigation for serious misconduct.
(2) Specify in the notification the specific nature of the complaint, charge, or investigation, including a brief summary of the allegations of serious misconduct.
(3) Complete the investigation in a thorough and unbiased manner.
(4) Complete the investigation within one year after the date the conduct was discovered by the agency, unless a reasonable extension is needed for any reason described in paragraph (2) of subdivision (d) of Section 3304 of the Government Code.
(5) Within 10 days after the completion of the investigation, report to the commission on whether each charge of serious misconduct was sustained, not sustained, unfounded, or exonerated.
(6) In the event of a sustained of serious misconduct, include a summary of facts in the report to the commission.
(d) (1) An individual who resigns or retires in lieu of an investigation for reasons of serious misconduct shall have their eligibility placed into an inactive status by the commission until final adjudication by the commission.
(2) An individual who has been placed into an inactive or ineligible status by the commission shall not be appointed as a peace officer.
(3) The Peace Officer Standards Accountability Advisory Board shall convene to review reports received by the commission from law enforcement agencies pursuant to this section and shall make recommendations to the commission regarding what action, if any, should be taken against the subject peace officer’s certification.
(e) The full commission shall review all findings and recommendations made by the board and shall adopt the recommendation of the board if is supported by clear and convincing evidence. In any case in which the commission reaches a different result than the board, it shall set forth its analysis and reasons for reaching a different result in writing.
(f) Notwithstanding any other law, meetings and records of the board and review by the commission under this section shall be public.
(g) (1) The commission shall include the information reported pursuant to this section in a peace officer’s profile, in a form determined by the commission, and in a manner that may be accessed by the subject of the profile, any employing law enforcement agency of the subject of the profile, any law enforcement agency that is performing a preemployment background investigation of the subject of the profile, or to the commission when necessary for the purposes of decertification.
(2) If an agency reports to the commission that an investigation resulted in a finding that a charge is unfounded or not sustained, the commission shall remove any reference to the charge, complaint, or investigation from the peace officer’s profile.
(h) (1) A certificate holder or applicant shall be entitled to a hearing before an administrative law judge after suspension or revocation of the certificate. The hearing shall be conducted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and is subject to any appeal process contained in the act or any other administrative procedures adopted by the commission. The hearing shall be held in abeyance during the pendency, if any, of the certificate holder’s administrative appeal as provided in the Public Safety Officers Procedural Bill of Rights Act. Within 30 days after a termination for serious misconduct is sustained, as defined in Section 832.8, the hearing shall commence. The record of the administrative appeal that resulted in a sustained finding shall be admissible in the hearing. The hearing shall be confidential, except as provided in Section 832.7, and the identity of any individual whose license is suspended or revoked shall be a public record.
(2) If a court determines that the sustained finding was unfounded or not sustained, upon request of the law enforcement officer, the commission shall remove any reference to the charge, complaint, or investigation from the peace officer’s profile.
(i) The commission may adopt regulations to carry out this section.
(j) For purposes of this section, the term “serious misconduct” has the same meaning as in Section 13510.8.

SEC. 12.

 Section 13512 of the Penal Code is amended to read:

13512.
 The commission shall make such inquiries as may be necessary to determine whether every city, county, city and county, and district receiving state aid pursuant to this chapter is adhering to the standards for recruitment and training recruitment, training, certification, and reporting established pursuant to this chapter.

SEC. 13.

 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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