Amended in Senate August 12, 2014

Amended in Senate August 4, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 23, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1598

Introduced by Assembly Member Rodriguez

February 4, 2014

An act to amend Section 8588.10 of the Government Code, to amend begin delete Sections end delete begin insert Section end insert 1797.116 begin delete and 1797.132 of end delete begin insert of, and to add Section 1797.134 to, end insert the Health and Safety Code, and to amend Sections 13514.1 and 13519.12 of the Penal Code, relating to emergency response services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1598, as amended, Rodriguez. Emergency response services: active shooter incidents.

(1) Existing law requires the Director of Emergency Services to establish a Curriculum Development Advisory Committee (CDAC) to, among other things, provide advice on the development of terrorism awareness course curricula and response training. Existing law establishes in the Department of Justice the Commission on Peace Officer Standards and Training, which is required to, among other things, adopt rules establishing minimum standards relating to physical, mental, and moral fitness that govern the recruitment of peace officers and requires the commission to carry out various duties related to the education and training of peace officers.

This bill would require CDAC to consult with the commission.

(2) Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (EMSA), which is responsible for the coordination and integration of all state agencies concerning emergency medical services. Under existing law, EMSA is required to establish training standards that include the criteria for the curriculum content recommended by CDAC, involving the responsibilities of first responders to terrorism incidents and to address the training needs of those identified as first responders.

This bill would additionally require that those training standards include criteria for coordinating between different responding entities.

(3) Existing law establishes the Interdepartmental Committee on Emergency Medical Services (ICEMS), which is required to advise EMSA on the coordination and integration of all state activities concerning emergency medical services. begin insert Existing law authorizes the Director of EMSA to appoint select resource committees of experts and to contract with special medical consultants for assistance in the implementation of the act described above. end insert

This bill would require ICEMS begin insert or another committee designated by the Director of EMSA end insert to consult with the commission regarding emergency medical services integration and coordination with peace officer training.

(4) Existing law requires the commission to develop and disseminate guidelines and standardized training recommendations for Special Weapons and Tactics (SWAT) teams, as specified, that would be available for use by law enforcement agencies that conduct SWAT operations. Under existing law, those guidelines are required, at a minimum, to address legal and practical issues of SWAT operations, personnel selection, fitness requirements, planning, hostage negotiation, tactical issues, safety, rescue methods, after-action evaluation of operations, logistical and resource needs, uniform and firearms requirements, risk assessment, policy considerations, and multijurisdictional SWAT operations. Existing law also directs the commission to establish training standards and develop a course of instruction involving the responsibilities of first responders to terrorism incidents, as specified.

This bill would authorize the above-described guidelines and training standards for SWAT teams to also address tactical casualty care. The bill would authorize the above-described training standards and course of instruction involving the responsibilities of first responders to terrorism incidents to also, if appropriate, include coordination with emergency medical services providers that respond to an incident, tactical casualty care, and other standards of emergency care as established by begin delete EMSA end delete begin insert the Commission on Emergency Medical Services end insert .

The bill would include legislative findings and declarations, and would make a related statement of legislative intent.

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

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

SECTION 1.  

(a) (1) The Legislature finds and declares that
since the Columbine High School shootings that occurred in 1999,
more than 250 people have been killed in the United States during
what has been classified as active shooter and mass casualty
incidents. These incidents involve one or more suspects who
participate in an ongoing, random, or systematic shooting spree,
demonstrating the intent to harm others with the objective of mass
murder.

(2) It has become evident that these events may take place in
any community or venue and that they impact fire and police
departments, regardless of their size or capacity. Local jurisdictions
vary widely in available emergency response resources, staffing,
and equipment allocations. Protocols and training for response to
active shooter incidents must be established locally to work within
the resource capabilities and limitations of each jurisdiction.

(b) It is therefore the intent of the Legislature to do all of the
following:

(1) Require the development of collaborative protocols and
relationships between local and state first response entities,
including law enforcement agencies, fire departments, and
emergency medical services providers and agencies, in order that
those entities shall act effectively and in concert to address active
shooter incidents across California.

(2) Require first response entities to seek collaborative training
opportunities, including, but not limited to, table top or simulation
exercises, to assess plan implementations, and to include other
entities that may be involved in active shooter incidents in those
trainings, such as schools, city or county personnel, and private
businesses.

(3) Require basic and ongoing training for law enforcement
agency personnel, fire department personnel, emergency medical
services personnel, and the personnel for other first responders
include, as appropriate, training and education on active shooter
incidents and tactical casualty care.

(c) It is further the intent of the Legislature that each first
response entity, in collaboration with other law enforcement
agencies, fire departments, and emergency medical services
providers and agencies, develop protocols for responding to active
shooter incidents. It is the intent of the Legislature that those
protocols be reviewed annually to ensure that they are current, and
address any policy, geographic, or demographic changes that
warrant a response strategy review. The Legislature intends that
the protocols address all of the following:

(1) The roles, responsibilities, and policies of each entity in
responding to an active shooter incident.

(2) Preassessment and contingency planning that includes
identification of potential targets within the jurisdiction.

(3) Implementation of an Incident Command System (ICS),
including emergency protocols for a unified command structure
for entities responding to an active shooter incident.

(4) Interagency communication issues and needs, including, but
not limited to, radio interoperability and establishment of common
language, terms, and definitions to be used on the scene of an
active shooter incident.

(5) Identification of resources for responding to an active shooter
incident, including, but not limited to, primary and secondary needs
and hospitals.

(6) Tactical deployment of available resources for responding
to an active shooter incident.

(7) Emergency treatment and extraction of persons injured in
an active shooter incident.

SEC. 2.  

Section 8588.10 of the Government Code is amended
to read:

8588.10.  

(a) The director shall establish a Curriculum
Development Advisory Committee to advise the office on the
development of course curricula, as specified by the director.

(b) The committee shall be chaired by the director, who will
appoint members as appropriate. In appointing members to the
committee, the director shall include representatives from the
following:

(1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
director.

(2) Local first responder agencies.

(3) Local public safety agencies.

(4) Nonprofit organizations, as deemed appropriate by the
director.

(5) Any other state, local, tribal, or nongovernmental
organization determined by the director to be appropriate.

(c) The committee shall consult with the Commission on Peace
Officer Standards and Training.

SEC. 3.  

Section 1797.116 of the Health and Safety Code is
amended to read:

1797.116.  

(a) The authority shall establish additional training
standards that include the criteria for the curriculum content
recommended by the Curriculum Development Advisory
Committee established pursuant to Section 8588.10 of the
Government Code, involving the responsibilities of first responders
to terrorism incidents and to address the training needs of those
identified as first responders. Training standards shall include, but
not be limited to, criteria for coordinating between different
responding entities.

(b) Every EMT I, EMT II, and EMT-P, as defined in Sections
1797.80, 1797.82, and 1797.84, may receive the appropriate
training described in this section. Pertinent training previously
completed by any jurisdiction’s EMT I, EMT II, or EMT-P
personnel and meeting the training requirements of this section
may be submitted to the training program approving authority to
assess its content and determine whether it meets the training
standards prescribed by the authority.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1797.134 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1797.134. end insert   

The Interdepartmental Committee on Emergency
Medical Services or another committee designated by the director
shall consult with the Commission on Peace Officer Standards
and Training regarding emergency medical services integration
and coordination with peace officer training.

end insert

begin delete

SEC. 4.  

Section 1797.132 of the Health and Safety Code is
amended to read:

1797.132.  

An Interdepartmental Committee on Emergency
Medical Services is hereby established. This committee shall advise
the authority on the coordination and integration of all state
activities concerning emergency medical services. The committee
shall include a representative from each of the following state
agencies and departments: the Office of Emergency Services, the
Department of the California Highway Patrol, the Department of
Motor Vehicles, a representative of the administrator of the
California Traffic Safety Program as provided by Chapter 5
(commencing with Section 2900) of Division 2 of the Vehicle
Code, the Medical Board of California, the State Department of
Public Health, the Board of Registered Nursing, the State
Department of Education, the National Guard, the Office of
Statewide Health Planning and Development, the State Fire
Marshal, the California Conference of Local Health Officers, the
Department of Forestry and Fire Protection, the Chancellor’s Office
of the California Community Colleges, and the Department of
General Services. The committee shall consult with the
Commission on Peace Officer Standards and Training regarding
emergency medical services integration and coordination with
peace officer training.

end delete

SEC. 5.  

Section 13514.1 of the Penal Code is amended to read:

13514.1.  

(a) On or before July 1, 2005, the commission shall
develop and disseminate guidelines and standardized training
recommendations for all law enforcement officers, supervisors,
and managers whose agency assigns them to perform, supervise,
or manage Special Weapons and Tactics (SWAT) operations. The
guidelines and standardized training recommendations shall be
available for use by law enforcement agencies that conduct SWAT
operations.

(b) The training and guidelines shall be developed in
consultation with law enforcement officers, the Attorney General’s
office, supervisors, and managers, SWAT trainers, legal advisers,
and others selected by the commission. Development of the training
and guidelines shall include consideration of the recommendations
contained in the Attorney General’s Commission on Special
Weapons and Tactics (S.W.A.T.) Final Report of 2002.

(c) The standardized training recommendations shall at a
minimum include initial training requirements for SWAT
operations, refresher or advanced training for experienced SWAT
members, and supervision and management of SWAT operations.

(d) The guidelines shall at minimum address legal and practical
issues of SWAT operations, personnel selection, fitness
requirements, planning, hostage negotiation, tactical issues, safety,
rescue methods, after-action evaluation of operations, logistical
and resource needs, uniform and firearms requirements, risk
assessment, policy considerations, and multijurisdictional SWAT
operations. The guidelines may also address tactical casualty care.

(e) The guidelines shall provide procedures for approving the
prior training of officers, supervisors, and managers that meet the
standards and guidelines developed by the commission pursuant
to this section, in order to avoid duplicative training.

SEC. 6.  

Section 13519.12 of the Penal Code is amended to
read:

13519.12.  

(a) Pursuant to Section 13510, the Commission on
Peace Officer Standards and Training shall establish training
standards and develop a course of instruction that includes the
criteria for the curriculum content recommended by the Curriculum
Development Advisory Committee established pursuant to Section
8588.10 of the Government Code, involving the responsibilities
of first responders to terrorism incidents. The course of instruction
shall address the training needs of peace officers at a managerial
or supervisory level and below who are assigned to field duties.
The training shall be developed in consultation with the Department
of Justice and other individuals knowledgeable about terrorism
and address current theory, terminology, historical issues, and
procedures necessary to appropriately respond to and effectively
mitigate the effects of a terrorism incident. The training standards
and course of instruction may, if appropriate, include coordination
with emergency medical services providers that respond to an
incident, tactical casualty care, and other standards of emergency
care as established begin insert pursuant to Section 1799.50 of the Health and
Safety Code end insert by the begin insert Commission on end insert Emergency Medical Services
begin delete Authority end delete .

(b) The commission shall expedite the delivery of this training
to law enforcement through maximum use of its local and regional
delivery systems.

(c) To maximize the availability and delivery of training, the
commission shall develop a course of instruction to train trainers
and first responders dealing with terrorism incidents using a variety
of formats.

(d) Every police chief and sheriff, the Commissioner of the
Highway Patrol, and other general law enforcement agency
executives may determine the members of their agency to receive
the emergency response to terrorism incidents training developed
by the commission under this section. The persons to be trained
may include, but are not limited to, peace officers that perform
general law enforcement duties at a managerial or supervisory
level or below and are assigned to field duties.

(e) For purposes of this section, a “terrorism incident” includes,
but is not limited to, an active shooter incident. An “active shooter
incident” is an incident where an individual is actively engaged in
killing or attempting to kill people.