BILL NUMBER: AB 979 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2013
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 assigned to a jurisdiction that includes waterborne
environments in a jurisdiction that includes navigable
waters, serves as a crew member on a waterborne law enforcement
vessel, and meets other specified criteria to complete a course
in basic maritime law operations 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:
SECTION 1. This act shall be known and may be cited as the
Maritime Peace Officer Standards Training Act of 2013.
SEC. 2. The Legislature finds and declares all of the following:
(a) There is a need for legislation requiring that peace officers
in this state who serve in jurisdictions that include marine ports,
navigable lakes, and rivers be certified by the Commission on Peace
Officer Standards and Training (POST), based on completion of a basic
maritime law enforcement officer's course of instruction.
(b) Local, state, and federal law enforcement agencies maintain
joint responsibility and authority within marine ports and
territorial and inland waters. Law enforcement officers who serve in
jurisdictions that include waterborne environments, such as ports,
navigable waters, dockside environments, or recreational areas
located near or on navigable waterways, have a unique set of
responsibilities. These officers perform tasks that are specific and
particular to these environments, and they are called upon to ensure
safety and security in light of the unique set of maritime laws and
regulations.
(c) As a result of post-9/11 homeland security and port security
missions, maritime training has not only evolved but become a
necessity among law enforcement agencies whose jurisdictions include
maritime areas. As agencies such as the United States Coast Guard,
sheriff's departments, and police departments enhance their maritime
presence, adequacy and consistency of training is critical. Cases
where multiagency operations are taking place or where agencies are
assisting each other during routine operations are of particular
interest. This concern was highlighted in the federal Coast Guard
Authorization Act of 2010. Unlike other requirements in the POST
system, there are no statewide standards for tactical training for
state and local maritime officers.
(d) A POST-certified curriculum consistent with federal standards
and tactical training would benefit the growing number of law
enforcement agencies that have created specialized maritime units,
and achieve consistent adherence to the federal Department of
Homeland Security's strategy for maritime security to combat
terrorism. Course curriculum would provide basic instruction for
crewmembers crew members on law
enforcement and public safety vessels operated by local authorities.
Boat handling, chart reading, and navigation rules are a necessity to
personnel. Additionally, students would receive comprehensive
training on maritime boardings, arrest procedures, vessel
identification, searches, and counterterrorism practices and
procedures.
(e) Therefore, in order to ensure that maritime law enforcement is
conducted safely, effectively, and consistently throughout the
state, this type of training should be required by state law.
SEC. 3. Section 13518.5 is added to the Penal Code, to read:
13518.5. (a) (1) Each peace officer in
California who is assigned to a jurisdiction that includes a
waterborne environment meets the criteria specified
in subdivision (b) shall complete a course in basic maritime
law operations for law enforcement
officers. The course of instruction shall include boat handling,
chart reading, navigation rules, and comprehensive training regarding
maritime boardings, arrest procedures, vessel identification,
searches, and counterterrorism practices and procedures. The
curriculum shall be consistent with applicable federal standards and
tactical training.
(b) For purposes of this section, a "waterborne environment"
includes, but is not limited to, any jurisdiction that includes a
port, a navigable lake or river, or inland waters.
(b) Subdivision (a) shall apply to a peace officer who meets all
of the following criteria:
(1) Is employed by a city, county, city and county, or district
that has adopted a resolution pursuant to paragraph (2) of
subdivision (c).
(2) Is within a classification identified in the resolution
adopted pursuant to paragraph (2) of subdivision (c).
(3) Is assigned in a jurisdiction that includes navigable waters.
(4) Serves as a crew member on a waterborne law enforcement
vessel.
(c) This section shall become operative in a city, county, city
and county, or district when both of the following apply:
(1) The federal Department of Homeland Security has provided
funding to a law enforcement agency in a city, county, city and
county, or district to implement this section.
(2) The governing body of the city, county, city and county, or
district, such as the board of supervisors of a county or the city
council, has adopted a resolution agreeing to implement this section
and identifying the specific classifications of peace officers
in the jurisdiction that will be subject to training pursuant to this
section .