BILL NUMBER: AB 2285	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2012
	AMENDED IN ASSEMBLY  MAY 2, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 24, 2012

   An act to add Section 13510.4 to the Penal Code, relating to peace
officer training.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2285, as amended, 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 peace officer trainee, as defined, who
knowingly cheats, assists in cheating, or aids, abets, or knowingly
conceals efforts by others to cheat in any manner on a basic course
examination mandated by the commission liable for a fine of not more
than  $5,000  $1,000  per occurrence.
 Additionally, the bill would require the peace officer
trainee 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 peace officer trainee who is
found liable for cheating from future eligibility as a peace officer
and would require the commission to note that disqualification in the
person's training record.  
   This bill would express the Legislature's findings and
declarations relating to the Peace Officer Standards and Training
examination process. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    The Legislature finds and declares
that the Peace Officer Standards and Training (POST) examination
process must be secure and beyond reproach, and that the conduct of
students, instructors, examiners, examinees, and staff before,
during, or after POST examinations must be in conformance with the
highest standards of conduct expected of a California peace officer.
The Legislature therefore finds that a peace officer trainee should
be liable for cheating before, during, or after any POST-mandated
basic course examination. 
   SEC. 2.  SECTION 1.   Section 13510.4 is
added to the Penal Code, to read:
   13510.4.  (a) A peace officer trainee who, based on the commission'
s investigative findings, knowingly cheats, assists in cheating, or
aids, abets, or knowingly conceals efforts by others to cheat in any
manner on a basic course examination mandated by the commission shall
be liable for a civil fine of not more than  five 
 one  thousand dollars  ($5,000)  
($1,000)  per occurrence. 
   (b) In addition to the fine described in subdivision (a), a peace
officer trainee 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 trainee who is found liable under 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."  
   (d) 
    (b)  For purposes of this section, "cheating" means any
attempt or act by a peace officer trainee to gain an unfair advantage
or give an unfair advantage to another peace officer trainee or
group of trainees taking a POST-mandated basic course examination.

   (e) 
    (c)  For purposes of this section, "peace officer
trainee" means an applicant for a basic course examination who has
not been hired by a department or agency and who has not been sworn
as a peace officer.