Bill Text: CA SB960 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public employment: peace officers: citizenship.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State. Chapter 825, Statutes of 2022. [SB960 Detail]

Download: California-2021-SB960-Amended.html

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Amended  IN  Assembly  May 25, 2022

Amended  IN  Senate  March 10, 2022

Amended  IN  Senate  February 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 960

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Introduced by Senator Skinner
(Coauthors: Senators Archuleta, Gonzalez, Rubio, and Wiener)

February 09, 2022

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An act to amend Sections 2247 and 2960.2 of the Business and Professions Code, to amend Sections 1031, 1031.1, 1031.2, and 12811.3 of, and to repeal Section 1031.5 of, the Government Code, to amend Section 832.05 of the Penal Code, and to repeal Section 2267 of the Vehicle Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 960, as amended, Skinner. Public employment: peace officers: citizenship.

Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice to perform various functions involving the training of peace officers. Existing law requires peace officers in this state to meet specified minimum standards, including, among other requirements, being at least 18 years of age, being of good moral character, as determined by a thorough background investigation, and being either a citizen of the United States or a permanent resident who is eligible for and has applied for citizenship, except as prescribed.

This bill would provide that those standards shall be interpreted and applied consistent with federal law and regulations, as specified. The bill would remove the provision that requires peace officers to either be a citizen of the United States or be a permanent resident who is eligible for and has applied for citizenship, and would instead require peace officers be legally authorized to work in the United States, and make conforming changes.

Existing law establishes, within the Transportation Agency, the Department of the California Highway Patrol, under the control of the Commissioner of the California Highway Patrol.

Existing law, with certain exceptions, prohibits a person who is not a citizen of the United States from being appointed as a member of the California Highway Patrol.

This bill would remove that prohibition, and would make conforming changes.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 2247 of the Business and Professions Code is amended to read:

2247.

 (a) A licensee shall meet the requirements set forth in subdivision (e) (f) of Section 1031 of the Government Code prior to performing either of the following:

(1) An evaluation of a peace officer applicant’s emotional and mental condition.

(2) An evaluation of a peace officer’s fitness for duty.

(b) This section shall become operative on January 1, 2005.

SEC. 2.

 Section 2960.2 of the Business and Professions Code is amended to read:

2960.2.

 (a) A licensee shall meet the requirements set forth in subdivision (e) (f) of Section 1031 of the Government Code prior to performing either of the following:

(1) An evaluation of a peace officer applicant’s emotional and mental condition.

(2) An evaluation of a peace officer’s fitness for duty.

(b) This section shall become operative on January 1, 2005.

SEC. 3.

 Section 1031 of the Government Code is amended to read:

1031.

 Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:

(a) Be legally authorized to work in the United States under federal law.

(a)

(b) Be 18 years of age or older.

(b)

(c) Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.

(c)

(d) Be of good moral character, as determined by a thorough background investigation.

(d)

(e) Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).

(e)

(f) Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer.

(1) Physical condition shall be evaluated by a licensed physician and surgeon.

(2) Emotional and mental condition shall be evaluated by either of the following:

(A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.

(B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate.

The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.

(f)

(g) This section shall not be construed to preclude the adoption of additional or higher standards, including age.

(h) This section shall be interpreted and applied consistent with federal law and regulations. This section shall not be construed to permit an employer to override or bypass work authorization requirements stated in Section 274a.2 of Title 8 of the Code of Federal Regulations.

SEC. 4.

 Section 1031.1 of the Government Code is amended to read:

1031.1.

 (a) For purposes of performing a thorough background investigation for applicants not currently employed as a peace officer, as required by subdivision (c) (d) of Section 1031, or in the case of an applicant for a position other than a sworn peace officer within a law enforcement agency, an employer shall disclose employment information relating to a current or former employee, upon request of a law enforcement agency, if all of the following conditions are met:

(1) The request is made in writing.

(2) The request is accompanied by a notarized authorization by the applicant releasing the employer of liability.

(3) The request and the authorization are presented to the employer by a sworn officer or other authorized representative of the employing law enforcement agency.

(b) In the absence of fraud or malice, an employer shall not be subject to civil liability for any relevant cause of action by virtue of releasing employment information required pursuant to this section. This section does not in any way or manner abrogate or lessen the existing common law or statutory privileges and immunities of an employer.

(c) For purposes of this section, “employment information” includes written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, eligibility for rehire, and other information relevant to the performance of a peace officer or other law enforcement agency applicant, except information prohibited from disclosure by any other state or federal law or regulation.

(d) An employer’s refusal to disclose information to a law enforcement agency in accordance with this section shall constitute grounds for a civil action for injunctive relief requiring disclosure on the part of an employer.

(e) Employment information disclosed by an employer to an initial requesting law enforcement agency shall be deemed confidential. However, the initial requesting law enforcement agency may disclose this information to another authorized law enforcement agency that is also conducting a background investigation into a peace officer or other law enforcement agency applicant. If this information is disclosed to another law enforcement agency, that agency shall utilize the information for investigative leads only and the information shall be independently verified by that agency in order to be used in determining the suitability of a peace officer or other law enforcement agency applicant.

(f) An employer may charge reasonable fees to cover actual costs incurred in copying and furnishing documents to law enforcement agencies as required by this section.

SEC. 5.

 Section 1031.2 of the Government Code is amended to read:

1031.2.

 Consistent with the Americans with Disabilities Act of 1990 (Public Law 101-336) and paragraph (3) of subdivision (e) of Section 12940, the collection of nonmedical or nonpsychological information of peace officers, in accordance with a thorough background investigation, as required by subdivision (c) (d) of Section 1031, may be deferred until after a conditional offer of employment is issued if the employer can demonstrate that the information could not reasonably have been collected prior to the offer.

SEC. 6.

 Section 1031.5 of the Government Code is repealed.

SEC. 7.

 Section 12811.3 of the Government Code, as amended by Section 176 of Chapter 615 of the Statutes of 2021, is amended to read:

12811.3.

 (a) Notwithstanding any other provision of law and subject to the provisions of subdivision (i), any employee of a department, board, or commission under the jurisdiction of the Department of Corrections and Rehabilitation, who is designated as a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may transfer from the employee’s current position to another department, board, or commission under the jurisdiction of the Department of Corrections and Rehabilitation.

(b) Any peace officer who desires to transfer to another department, board, or commission pursuant to subdivision (a), and who is prohibited from carrying a firearm pursuant to state or federal law shall not transfer to a department, board, or commission that requires the use of a firearm.

(c) Any peace officer who desires to transfer to another department, board, or commission pursuant to subdivision (a) to a position requiring the ability to carry a firearm, as determined by the department, board, or commission, and who has not completed the required training pursuant to Section 832 of the Penal Code, shall successfully complete the required training before appointment to a new peace officer position.

(d) (1) Any peace officer who desires to transfer shall not be required to undergo a psychological screening pursuant to subdivision (e) (f) of Section 1031 of this code or subdivision (a) of Section 13601 of the Penal Code, unless the Secretary of the Department of Corrections and Rehabilitation, or the secretary’s designee, makes a determination that a peace officer is required to undergo all or a portion of a psychological screening as described in subdivision (e) (f) of Section 1031 of this code or subdivision (a) of Section 13601 of the Penal Code.

(2) The Secretary of the Department of Corrections and Rehabilitation shall promulgate emergency regulations in order to implement paragraph (1). Notwithstanding subdivision (b) of Section 11346.1, no showing of an emergency shall be necessary in order to adopt, amend, or repeal the emergency regulations required by this paragraph.

(e) Any peace officer who has successfully completed a course of training pursuant to Section 13602 of the Penal Code and who transfers to another department, board, or commission pursuant to subdivision (a) shall not be required to complete a new course of training pursuant to Section 13602 of the Penal Code. However, each department, board, or commission may prescribe additional training to be provided to an employee who transfers pursuant to subdivision (a) and shall provide that training within the first six months of appointment to a new peace officer position.

(f) Any peace officer who desires to transfer to another department, board, or commission pursuant to subdivision (a) shall not be required to undergo a new background investigation pursuant to Section 1029.1.

(g) Nothing in this section shall affect an employee’s seniority calculation as provided for under current law or any memorandum of understanding between the state and any applicable bargaining unit agreement in effect upon the effective date of this section.

(h) The provisions of the Unit 6 Memorandum of Understanding, which expires July 2, 2006, as modified by the ratified addendum dated June 30, 2004, relating to the release of copies of video recorded incidents, shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).

(i) This section shall become operative only when the Secretary of the Department of Corrections and Rehabilitation certifies in writing that it is necessary to prevent or minimize employment actions, including, but not limited to, layoffs, demotions, reductions in time base, or involuntary transfers of employees. In addition, the Secretary of the Department of Corrections and Rehabilitation shall have the sole authority to designate any or all departments, boards, or commissions eligible to have its peace officer employees transfer pursuant to subdivision (a) and any or all departments, boards, or commissions that shall accept peace officer employees under this section.

SEC. 8.

 Section 832.05 of the Penal Code is amended to read:

832.05.

 (a) Each state or local department or agency that employs peace officers shall utilize a person meeting the requirements set forth in subdivision (e) (f) of Section 1031 of the Government Code, applicable to emotional and mental examinations, for any emotional and mental evaluation done in the course of the department or agency’s screening of peace officer recruits or the evaluation of peace officers to determine their fitness for duty.

(b) This section shall become operative on January 1, 2005.

SEC. 9.

 Section 2267 of the Vehicle Code is repealed.