BILL ANALYSIS �
AB 979
Page 1
Date of Hearing: April 2, 2013
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 979 (Weber) - As Amended: April 2, 2013
SUMMARY : Requires specified peace officers assigned to a
jurisdiction that includes navigable waters to complete a course
in basic maritime operations if the local governing body opts in
and if the federal Department of Homeland Security provides
funding. Specifically, this bill :
1)Declares a need for legislation requiring peace officers who
serve in jurisdictions which include ports, navigable lakes,
and rivers to be certified by the Commission on Peace Officers
Standards and Training (POST) based upon completion of a
course in basic maritime law.
2)States that these peace officers have a unique set of
responsibilities because they perform tasks that are specific
to these particular environments and are called upon to ensure
safety and security in light of the unique set of maritime
laws and regulations.
3)States that as a result of post-9/11 homeland security and
port security missions, maritime training has not only
evolved, but also become a necessity among law enforcement
agencies whose jurisdictions include maritime areas. As
agencies such as the Coast Guard, sheriff's departments, and
police departments enhance their maritime presence, adequacy
and consistency of training is critical.
4)States that unlike other requirements in the POST system,
there are no statewide standards for tactical training for
state and local maritime officers.
5)States that a POST-certified curriculum consistent with
federal doctrine and current tactical training would benefit
the growing number of law enforcement agencies that have
created specialized maritime units, and achieve consistent
adherence to the Department of Homeland Security's strategy
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for maritime security to combat terrorism.
6)Requires peace officers to complete a course in basic maritime
operations for law enforcement officers if they meet all of
the following criteria:
a) The officer is employed by a city, county, city and
county, or district that has adopted a resolution
implementing the Act;
b) The officer falls within a classification identified by
the local governing body;
c) The officer is assigned in a jurisdiction that includes
navigable waters; and,
d) The officer serves as a crew member on a waterborne law
enforcement vessel.
7)Specifies that the course shall include boat handling, chart
reading, navigation rules, and comprehensive training
regarding maritime boarding, arrest procedures, vessel
identification, searches, and counterterrorism practices and
procedures, and requires that the curriculum be consistent
with federal standards and tactical training.
8)Provides that the Act shall only become operative in a city,
county, city and county, or district when all of the following
conditions apply:
a) The federal Department of Homeland Security provides
funding to the locality;
b) The local governing body adopts a resolution agreeing to
implement the Act; and,
c) The local governing body identifies the specific
classification of peace officers in their jurisdiction that
will be subject to the training requirements.
EXISTING LAW :
1)Requires all peace officers to complete an introductory course
of training prescribed by POST, demonstrated by passage of an
appropriate examination developed by POST. [Penal Code
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Section 832(a).]
2)Empowers POST to develop and implement programs to increase
the effectiveness of law enforcement. (Penal Code Section
13503.)
3)Authorizes POST, for the purpose of raising the level of
competence of local law enforcement officers, to adopt rules
establishing minimum standards related to physical, mental and
moral fitness and training that shall govern the recruitment
of any peace officers in California. [Penal Code Section
13510(a).]
4)Requires POST to conduct research concerning job-related
educational standards and job-related selection standards to
include vision, hearing, physical ability, and emotional
stability and adopt standards supported by this research.
[Penal Code Section 13510(b).]
5)Requires POST to prepare a course of instruction for the
training of peace officers in the use of tear gas. (Penal
Code Section 13514.)
6)Requires POST to develop and disseminate guidelines and
standardized training recommendations for all law enforcement
officers, supervisors, or managers whose agency assigns them
to perform, supervise, or manage Special Weapons and Tactics
(SWAT) operations. [Penal Code Section 13514.1(a).]
7)Requires POST implement a course or courses of instruction for
the training of law enforcement officers in the handling of
acts of civil disobedience and adopt guidelines that may be
followed by police agencies in responding to acts of civil
disobedience. [Penal Code Section 13514.5(a).]
8)Requires every police officer or deputy sheriff who is
assigned field or investigative duties to complete an elder
and dependent adult abuse training course certified by POST.
[Penal Code Section 13515(a).]
9)Requires POST establish and update a continuing education
classroom training course related to law enforcement
interaction with mentally disabled persons. [Penal Code
Section 13515.25(a).]
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10)Requires POST create and make available on DVD and may
distribute electronically a course on how to recognize and
interact with persons with autistic spectrum disorders.
[Penal Code Section 13515.35(a).]
11)Requires every police officer or deputy sheriff who is
assigned field or investigative duties to complete a high
technology crimes and computer seizure training course
certified by POST. (Penal Code Section 13515.55.)
12)Requires POST to prepare guidelines establishing standard
procedures which may be followed by police agencies in the
investigation of sexual assault cases, and cases involving the
sexual exploitation or sexual abuse of children, including,
police response to, and treatment of, victims of these crimes.
This training must be included in the basic certificate
issued by POST or no reimbursement will be made to local
agencies based on attendance at any course which does not
comply with this requirement. [Penal Code Section 13516(a) -
(b).]
13)Requires POST to prepare guidelines establishing standard
procedures which may be followed by police agencies in the
detection, investigation, and response to cases in which a
minor is a victim of an act of abuse or neglect including
procedures for determining whether or not a child should be
taken into protective custody and minimizing the number of
times a child is interviewed by law enforcement personnel.
[Penal Code Section 13517(a).]
14)Requires POST to prepare guidelines establishing standard
procedures which may be followed by police agencies and
prosecutors in interviewing minor witnesses. (Penal Code
Section 13517.5.)
15)Requires POST to develop guidelines and training for use by
state and local law enforcement officers to address issues
related to child safety when a caretaker parent or guardian is
arrested. [Penal Code Section 13517.7(a).]
16)Requires POST to implement a course or courses of instruction
for the training of law enforcement officers in California in
the handling of domestic violence complaints and also shall
develop guidelines for law enforcement response to domestic
violence. [Penal Code Section 13519(a).]
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17)Requires POST to implement a course or courses of instruction
for the training of law enforcement officers in California in
the handling of stalking complaints and also shall develop
guidelines for law enforcement response to stalking. [Penal
Code Section 13519.05(a).]
18)Requires POST to implement a course or courses of instruction
for the training of law enforcement officers and law
enforcement dispatchers in the handling of missing person and
runaway cases and shall also develop guidelines for law
enforcement response to missing person and runaway cases.
[Penal Code Section 13519.1(a).]
19)Requires POST to include in the basic training course for law
enforcement officers, adequate instruction in the handling of
persons with developmental disabilities or mental illness, or
both. [Penal Code Section 13519.2(a).]
20)Requires POST to establish a course on the nature of sudden
infant death syndrome and the handling of cases involving the
sudden deaths of infants. [Penal Code Section 13519.3(a).]
21)Requires POST to develop and disseminate guidelines and
training for all law enforcement officers in California who
adhere to the standards approved by the commission, on the
racial and cultural differences among the residents of this
state. [Penal Code Section 13519.4(a).]
22)Requires POST to implement a course or courses of instruction
to provide ongoing training to the appropriate peace officers
on methods of gang and drug law enforcement. (Penal Code
Section 13519.5.)
23)Requires POST to develop guidelines and a course of
instruction and training for law enforcement officers who are
employed as peace officers, or who are not yet employed as a
peace officer but are enrolled in a training academy for law
enforcement officers, addressing hate crimes. [Penal Code
Section 13519.6(a).]
24)Requires POST to develop a two-hour telecourse to be made
available to all law enforcement agencies in California on
crimes against homeless persons and on how to deal effectively
and humanely with homeless persons, including homeless persons
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with disabilities. [Penal Code Section 13519.64(b).]
25)Requires POST to develop complaint guidelines to be followed
by city police departments, county sheriffs' departments,
districts, and state university departments, for peace
officers who are victims of sexual harassment in the
workplace. [Penal Code Section 13519.7(a).]
26)Requires POST to implement a course or courses of instruction
for the regular and periodic training of law enforcement
officers in the handling of high-speed vehicle pursuits and to
develop uniform, minimum guidelines for adoption and
promulgation by California law enforcement agencies for
response to high-speed vehicle pursuits. [Penal Code Section
13519.8(a)(1).]
27)Requires POST to establish the Robert Presley Institute of
Criminal Investigation which will make available to criminal
investigators of California's law enforcement agencies an
advanced training program to meet the needs of working
investigators in specialty assignments, such as arson, auto
theft, homicide, and narcotics. [Penal Code Section
13519.9(a).]
28)Requires POST to establish training standards and develop a
course of instruction that includes the criteria for the
curriculum content recommended by the Emergency Response
Training Advisory Committee involving the responsibilities of
first responders to terrorism incidents. [Penal Code Section
13519.12(a).]
29)Requires POST to implement a course or courses of instruction
for the training of law enforcement officers in California in
the handling of human trafficking complaints and also shall
develop guidelines for law enforcement response to human
trafficking. [Penal Code Section 13519.14(a).]
30)Requires POST to prepare guidelines establishing standard
procedures which may be followed by law enforcement agencies
in the investigation and reporting of cases involving
anti-reproductive-rights crimes. (Penal Code Section
13519.15.)
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "Maritime
training has not only evolved but become a necessity among law
enforcement agencies whose jurisdictions may include maritime
areas. For emergencies or multi-jurisdictional operations, the
time to set a standard that all agencies and departments can
share and build upon is long overdue.
"California must set in motion the necessary statutes,
regulations and curriculum to provide the level of training
and standards for safe effective waterborne law enforcement
across the state. AB 979 will provide for these critical
statewide standards and training for law enforcement operating
in a maritime environment.
"The Post Commission has already approved three courses for
maritime peace officers that are taught at the regional
maritime law enforcement training center at the port of Los
Angeles. These courses can be exported to any training
facility. Additionally, this bill would come at no-cost to the
state, as its provisions would apply only if federal funds
become available."
2)Argument in Support : According to the Port of Los Angeles
(the sponsor of this bill), "Local, state, and federal law
enforcement agencies maintain joint responsibility and
authority within marine ports, as well as territorial and
inland waters. Officer safety is always a priority in any law
enforcement agency. Personnel in waterborne environments, such
as port navigation waters and dockside environments, require a
unique set of responsibilities. All police personnel perform
tasks that are specific to their physical operational areas
and the waterborne peace officer force is required to deliver
security and safety in the area of marine regulation.
"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
may include maritime areas. As agencies such as the Coast
Guard, sheriff's departments, and police departments have
enhanced their maritime presence, concerns have arisen over
the adequacy and consistency of training. Cases where
multi-agency operations were taking place or where agencies
were assisting each other during routine operations were of
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particular interest. Unlike other requirements in the Police
Officers Standards for Training (POST) system, there are no
statewide standards for tactical training for state and local
maritime officers.
"A POST Certified curriculum consistent with federal doctrine
and current tactical training would benefit the growing number
of law enforcement agencies that have created maritime units.
Course curriculum would provide basic instruction for
crewmembers on law enforcement and public safety vessels
operated by local authorities. Boat handling, chart reading
and navigation rules are a necessity to personnel.
Additionally, training on maritime boardings, arrest
procedures, vessel identification, searches, and
counter-terrorism practices and procedures are critical to
waterborne policing. This training would also achieve
consistent adherence to the Department of Homeland Security's
strategy for maritime security to combat terrorism."
3)Related Legislation : AB 602 (Yamada) requires POST to
establish, by July 1, 2015, and keep updated, a training
course relating to law enforcement interaction with mentally
disabled or developmentally disabled persons living within a
state mental hospital or state developmental center. AB 602
will be heard by this Committee today.
4)Prior Legislation :
a) AB 2571 (Silva), of the 2011-12 Legislative Session,
would have required every peace officer assigned to a
jurisdiction that includes a waterborne environment to
complete a POST course in basic maritime law for law
enforcement officers, as a condition of receiving specified
state aid. AB 2571 was held in the Assembly Appropriations
Committee.
b) SB 1582 (Simitian) of the 2007-08 Legislative Session,
would have established an "ocean ranger" program and
required training in maritime law. SB 1528 failed passage
in this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
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Port of Los Angeles (Sponsor)
California Association of Harbor Masters and Port Captains
California Association of Port Authorities
California Marine Parks and Harbors Association
California Yacht Brokers Association
Marina Recreation Association
National Marine Manufacturers Association
Western Boaters Safety Group
Opposition
None
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744