BILL NUMBER: AB 2285	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 24, 2012

   An act to add Section 13510.3 to the Penal Code, relating to peace
officer training.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2285, as introduced, Eng. Peace officer testing: cheating.
   Existing law requires the Commission on Peace Officer Standards
and Training to establish a certification program for peace officers
and for the California Highway Patrol and to establish minimum
standards relating to physical, mental, and moral fitness for peace
officers, as specified.
   This bill would make a person who knowingly cheats, assists in
cheating, or aids, abets, or knowingly conceals any efforts by others
to cheat in any manner on a test mandated by the commission guilty
of a misdemeanor, punishable by a fine of not more than $5,000 per
occurrence or imprisonment in the county jail not to exceed one year,
or by both that fine and imprisonment. Additionally, the bill would
require the person to reimburse the commission for the cost of
reconstructing and securing tests that have been compromised by the
act of cheating in an amount determined by the commission, but not to
exceed $25,000. The bill would disqualify a person convicted of
cheating from future eligibility as a peace officer and would require
the commission to note that disqualification in the person's
training record. By creating a new crime, 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13510.3 is added to the Penal Code, to read:
   13510.3.  (a) A person who knowingly cheats, assists in cheating,
or aids, abets, or knowingly conceals any efforts by others to cheat
in any manner on any test mandated by the commission shall be guilty
of a misdemeanor, punishable by a fine of not more than five thousand
dollars ($5,000) per occurrence or imprisonment in the county jail
not to exceed one year, or by both that fine and imprisonment.
   (b) In addition to the fine described in subdivision (a), a person
convicted under this section shall reimburse the commission for the
cost of reconstructing and securing tests that have been compromised
by the act of cheating, as determined by the commission, but not to
exceed twenty-five thousand dollars ($25,000).
   (c) A peace officer candidate convicted pursuant to subdivision
(a) shall be disqualified from future eligibility as a peace officer
in California. When a person is determined to be disqualified under
this subdivision, the commission shall place the following in the
commission's training record for that person: "THIS PERSON IS
INELIGIBLE TO BE A PEACE OFFICER IN CALIFORNIA PURSUANT TO SECTION
13510.3 OF THE PENAL CODE."
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.