Amended in Assembly May 24, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 begin delete bill would enact the Maritime Peace Officer Standards Training Act of 2013. The end delete bill would require each peace officer who is assigned in a jurisdiction that includes navigable waters, begin insert who end insert serves as a crew member on a waterborne law enforcement vessel, and begin insert who end insert meets other specified criteria to complete a course in basic maritime 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:

begin delete

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
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.

end delete

begin delete SEC. 3. end delete
begin insert SECTION 1. end insert   

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

13518.5.  

(a)  begin delete (1) end delete begin delete   end delete Each peace officer in California who meets
the criteria specified in subdivision (b) shall complete a course in
basic maritime 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) 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.