BILL NUMBER: AB 1229 CHAPTERED 10/10/07 CHAPTER 409 FILED WITH SECRETARY OF STATE OCTOBER 10, 2007 APPROVED BY GOVERNOR OCTOBER 10, 2007 PASSED THE SENATE SEPTEMBER 4, 2007 PASSED THE ASSEMBLY SEPTEMBER 5, 2007 AMENDED IN SENATE AUGUST 20, 2007 AMENDED IN SENATE JULY 17, 2007 AMENDED IN SENATE JULY 2, 2007 AMENDED IN ASSEMBLY APRIL 9, 2007 INTRODUCED BY Assembly Member Carter (Coauthor: Senator Ridley-Thomas) FEBRUARY 23, 2007 An act to amend Section 13500 of the Penal Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGEST AB 1229, Carter. Law enforcement. Existing law establishes within the Department of Justice a Commission on Peace Officer Standards and Training, which consists of 14 members appointed by the Governor, as specified. Four of the members of the commission are required to be peace officers of the rank of sergeant or below with a minimum of 5 years' experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. These 4 members of the commission are also required to have demonstrated leadership in their local or state peace officer association or union. This bill would instead require that the Commission on Peace Officer Standards and Training consist of 15 members appointed by the Governor, as specified. The bill would require each member of those 4 members specified above to have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in specified provisions. The bill would also require that one member be a California peace officer of the rank of sergeant or below with a minimum of 5 years' experience and shall have demonstrated leadership in a California-based law enforcement association, as specified. The bill would also make nonsubstantive changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13500 of the Penal Code is amended to read: 13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission. (b) The commission shall be composed of the following members: (1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) any combination thereof. (2) Three members shall be sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police. (3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years' experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and the Ralph C. Dills Act (Chapter 10.5 (commencing with Section 3525)) of Division 4 of Title 1 of the Government Code. (4) One member shall be an elected officer or chief administrative officer of a county in this state. (5) One member shall be an elected officer or chief administrative officer of a city in this state. (6) Two members shall be public members who shall not be peace officers. (7) One member shall be an educator or trainer in the field of criminal justice. (8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California. (c) The Attorney General shall be an ex officio member of the commission. (d) Of the members first appointed by the Governor, 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. Their successors shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. (e) The additional member provided for by the Legislature in its 1973-74 Regular Session shall be appointed by the Governor on or before January 15, 1975, and shall serve for a term of three years. (f) The additional member provided for by the Legislature in its 1977-78 Regular Session shall be appointed by the Governor on or after July 1, 1978, and shall serve for a term of three years. (g) The additional members provided for by the Legislature in its 1999-2000 Regular Session shall be appointed by the Governor on or before July 1, 2000, and shall serve for a term of three years. (h) The additional member provided for by the Legislature in its 2007-08 Regular Session shall be appointed by the Governor on or before January 31, 2008, and shall serve for a term of three years.