Bill Text: CA SB2 | 2021-2022 | Regular Session | Amended
Bill Title: Peace officers: certification: civil rights.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2021-09-30 - Chaptered by Secretary of State. Chapter 409, Statutes of 2021. [SB2 Detail]
Download: California-2021-SB2-Amended.html
Amended
IN
Assembly
August 30, 2021 |
Amended
IN
Assembly
July 07, 2021 |
Amended
IN
Senate
May 20, 2021 |
Amended
IN
Senate
April 29, 2021 |
Amended
IN
Senate
March 11, 2021 |
Introduced by Senators Bradford and Atkins (Principal coauthors: Senators Kamlager and Wiener) (Principal coauthors: Assembly Members Bonta, Cristina Garcia, Kalra, McCarty, and Quirk) (Coauthor: Senator Durazo) (Coauthors: Assembly Members Bryan, Carrillo, Chiu, Holden, Lee, Stone, Ting, Akilah Weber, and Wicks) |
December 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known as the Kenneth Ross Jr. Police Decertification Act of 2021.SEC. 2.
The Legislature finds and declares all of the following:SEC. 3.
Section 52.1 of the Civil Code is amended to read:52.1.
(a) This section shall be known, and may be cited, as the Tom Bane Civil Rights Act.SEC. 4.
Section 1029 of the Government Code is amended to read:1029.
(a) Except as provided in subdivision (b), (c), (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:SEC. 5.
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, the Attorney General’s office, or the Commission on Peace Officer Standards and Training.SEC. 6.
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:SEC. 7.
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.SEC. 8.
Section 13509.5 is added to the Penal Code, to read:13509.5.
(a) There is within the commission a Peace Officer Standards Accountability Division, hereafter referred to in this chapter as the division.SEC. 9.
Section 13509.6 is added to the Penal Code, to read:13509.6.
(a) No later than January 1, 2023, the Governor shall establish the Peace Officer Standards Accountability Advisory Board, hereafter referred to in this chapter as the board.SEC. 10.
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, Standards, and Certification
SEC. 11.
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.SEC. 12.
Section 13510.1 of the Penal Code is amended to read:13510.1.
(a) The commission shall establish a certification program for peace officers 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.SEC. 13.
Section 13510.8 is added to the Penal Code, to read:13510.8.
(a) (1) A certified peace officer shall have their certification(1)The person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.
(7)Participation in a law enforcement gang or other organization that engages in a pattern of rogue on-duty behavior that violates the law or fundamental principles of professional policing, including, but not limited to, unlawful detention, use of excessive force, falsifying police reports, fabricating evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, use of alcohol or drugs
on duty, protection of other members from disciplinary actions, and retaliation against other peace officers who threaten or interfere with the activities of the group.