Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 979


Introduced by Assembly Member Weber

February 22, 2013


An act to add Section 13518.5 to the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 979, as amended, Weber. Peace officers: Maritime Peace Officer Standards Training Act of 2013.

Existing law establishes in the Department of Justice the Commission on Peace Officer Standards and Training. Existing law requires the commission to adopt, and authorizes the commission to amend, rules establishing minimum standards relating to physical, mental, and moral fitness that govern the recruitment of various peace officers, including city police officers and peace officer members of a county sheriff’s office. Existing law also requires the commission to carry out various duties related to peace officer education and training, including, among other duties, establishing a certificate program for peace officers, making inquiries to ensure adherence to standards for the recruitment and training of peace officers, and implementing specified courses of instruction in procedures applicable in specific circumstances, such as domestic violence and child abuse or neglect. Existing law authorizes the commission to adopt those regulations as are necessary to carry out the purposes of these provisions relating to peace officer standards and training.

This bill would enact the Maritime Peace Officer Standards Training Act of 2013. The bill would require each peace officer who is assignedbegin delete to a jurisdiction that includes waterborne environmentsend deletebegin insert in a jurisdiction that includes navigable waters, serves as a crew member on a waterborne law enforcement vessel, and meets other specified criteriaend insert to complete a course in basic maritimebegin delete lawend deletebegin insert operationsend insert for law enforcement officers. The bill would require the course of instruction to include, among other things, boat handling, navigation rules, and comprehensive training regarding maritime boardings, arrest procedures, and counterterrorism practices and procedures. The bill would require that the curriculum be consistent with federal standards and tactical training. The provisions of the bill would become operative in a city, county, city and county, or district contingent upon the appropriation of federal funds for these purposes, as specified, and the adoption of a resolution by the governing body of that city, county, city and county, or district, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

This act shall be known and may be cited as the
2Maritime Peace Officer Standards Training Act of 2013.

3

SEC. 2.  

The Legislature finds and declares all of the following:

4(a) There is a need for legislation requiring that peace officers
5in this state who serve in jurisdictions that include marine ports,
6navigable lakes, and rivers be certified by the Commission on
7Peace Officer Standards and Training (POST), based on completion
8of a basic maritime law enforcement officer’s course of instruction.

9(b) Local, state, and federal law enforcement agencies maintain
10joint responsibility and authority within marine ports and territorial
11and inland waters. Law enforcement officers who serve in
12jurisdictions that include waterborne environments, such as ports,
13navigable waters, dockside environments, or recreational areas
14located near or on navigable waterways, have a unique set of
15responsibilities. These officers perform tasks that are specific and
16particular to these environments, and they are called upon to ensure
17safety and security in light of the unique set of maritime laws and
18regulations.

19(c) As a result of post-9/11 homeland security and port security
20missions, maritime training has not only evolved but become a
21necessity among law enforcement agencies whose jurisdictions
P3    1include maritime areas. As agencies such as the United States
2Coast Guard, sheriff’s departments, and police departments enhance
3their maritime presence, adequacy and consistency of training is
4critical. Cases where multiagency operations are taking place or
5where agencies are assisting each other during routine operations
6are of particular interest. This concern was highlighted in the
7federal Coast Guard Authorization Act of 2010. Unlike other
8 requirements in the POST system, there are no statewide standards
9for tactical training for state and local maritime officers.

10(d) A POST-certified curriculum consistent with federal
11standards and tactical training would benefit the growing number
12of law enforcement agencies that have created specialized maritime
13units, and achieve consistent adherence to the federal Department
14of Homeland Security’s strategy for maritime security to combat
15terrorism. Course curriculum would provide basic instruction for
16begin delete crewmembersend deletebegin insert crew membersend insert on law enforcement and public safety
17vessels operated by local authorities. Boat handling, chart reading,
18and navigation rules are a necessity to personnel. Additionally,
19students would receive comprehensive training on maritime
20boardings, arrest procedures, vessel identification, searches, and
21counterterrorism practices and procedures.

22(e) Therefore, in order to ensure that maritime law enforcement
23is conducted safely, effectively, and consistently throughout the
24state, this type of training should be required by state law.

25

SEC. 3.  

Section 13518.5 is added to the Penal Code, to read:

26

13518.5.  

(a) begin insert(1)end insertbegin insertend insert Each peace officer in California whobegin delete is
27assigned to a jurisdiction that includes a waterborne environmentend delete

28begin insert meets the criteria specified in subdivision (b)end insert shall complete a
29course in basic maritimebegin delete lawend deletebegin insert operationsend insert for law enforcement
30officers. The course of instruction shall include boat handling,
31chart reading, navigation rules, and comprehensive training
32regarding maritime boardings, arrest procedures, vessel
33identification, searches, and counterterrorism practices and
34procedures. The curriculum shall be consistent with applicable
35federal standards and tactical training.

begin delete

36(b) For purposes of this section, a “waterborne environment”
37includes, but is not limited to, any jurisdiction that includes a port,
38a navigable lake or river, or inland waters.

end delete
begin insert

39(b) Subdivision (a) shall apply to a peace officer who meets all
40of the following criteria:

end insert
begin insert

P4    1(1) Is employed by a city, county, city and county, or district
2that has adopted a resolution pursuant to paragraph (2) of
3subdivision (c).

end insert
begin insert

4(2) Is within a classification identified in the resolution adopted
5pursuant to paragraph (2) of subdivision (c).

end insert
begin insert

6(3) Is assigned in a jurisdiction that includes navigable waters.

end insert
begin insert

7(4) Serves as a crew member on a waterborne law enforcement
8vessel.

end insert

9(c) This section shall become operative in a city, county, city
10and county, or district when both of the following apply:

11(1) The federal Department of Homeland Security has provided
12funding to a law enforcement agency in a city, county, city and
13county, or district to implement this section.

14(2) The governing body of the city, county, city and county, or
15district, such as the board of supervisors of a county or the city
16council, has adopted a resolution agreeing to implement this section
17begin insert and identifying the specific classifications of peace officers in the
18jurisdiction that will be subject to training pursuant to this sectionend insert
.



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