California Legislature—2013–14 Regular Session

Assembly Bill No. 1860

Introduced by Assembly Member V. Manuel Pérez

February 19, 2014

An act to amend Section 832 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1860, as introduced, V. Manuel Pérez. Peace officers: basic training requirements.

Existing law requires every peace officer to complete an introductory course of training prescribed by the Commission on Peace Officer Standards and Training, except for specifically exempted categories of people, and imposes other training requirements on those persons who would exercise the powers of peace officers.

This bill would make technical, nonsubstantive changes in those provisions.

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.  

Section 832 of the Penal Code is amended to
read:

832.  

(a) Every person described in this chapter as a peace
officer shall satisfactorily complete an introductory begin insert training end insert course
begin delete of training end delete prescribed by the Commission on Peace Officer
Standards and Training. On or after July 1, 1989, satisfactory
completion of the course shall be demonstrated by passage of an
appropriate examination developed or approved by the commission.
Training in the carrying and use of firearms shall not be required
of begin delete any end delete begin insert a end insert peace officer whose employing agency prohibits the use
of firearms.

(b) (1) Every peace officer described in this chapter, prior to
the exercise of the powers of a peace officer, shall have
satisfactorily completed the course of training described in
subdivision (a).

(2) Every peace officer described in Section 13510 or in
subdivision (a) of Section 830.2 may satisfactorily complete the
training required by this section as part of the training prescribed
pursuant to Section 13510.

(c) Persons described in this chapter as peace officers who have
not satisfactorily completed the course described in subdivision
(a), as specified in subdivision (b), shall not have the powers of a
peace officer until they satisfactorily complete the course.

(d)  begin delete Any end delete begin insert A end insert peace officer who, on March 4, 1972, possesses or
is qualified to possess the basic certificate as awarded by the
Commission on Peace Officer Standards and Training begin delete shall be end delete begin insert is end insert
exempted from this section.

(e) (1)  begin delete Any end delete begin insert A end insert person completing the training described in
subdivision (a) who does not become employed as a peace officer
within three years from the date of passing the examination
described in subdivision (a), or who has a three-year or longer
break in service as a peace officer, shall pass the examination
described in subdivision (a) prior to the exercise of the powers of
a peace officer, except for begin delete any end delete begin insert a end insert person described in paragraph
(2).

(2) The requirement in paragraph (1) does not apply to begin delete any end delete begin insert a end insert
person who meets any of the following requirements:

(A) Is returning to a management position that is at the second
level of supervision or higher.

(B) Has successfully requalified for a basic course through the
Commission on Peace Officer Standards and Training.

(C) Has maintained proficiency through teaching the course
described in subdivision (a).

(D) During the break in California service, was continuously
employed as a peace officer in another state or at the federal level.

(E) Has previously met the requirements of subdivision (a), has
been appointed as a peace officer under subdivision (c) of Section
830.1, and has been continuously employed as a custodial officer
as defined in Section 831 or 831.5 by the agency making the peace
officer appointment since completing the training prescribed in
subdivision (a).

(f) The commission may charge appropriate fees for the
examination required by subdivision (e), not to exceed actual costs.

(g) Notwithstanding any other begin delete provision of end delete law, the commission
may charge appropriate fees for the examination required by
subdivision (a) to each applicant who is not sponsored by a local
or other law enforcement agency, or is not a peace officer employed
by, or under consideration for employment by, a state or local
agency, department, or district, or is not a custodial officer as
defined in Sections 831 and 831.5. The fees shall not exceed actual
costs.