Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 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 amended, 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 ofbegin delete peopleend deletebegin insert peace officersend insert, and imposes other training requirements on those persons who would exercise the powers of peace officers.

This billbegin insert would provide that a probation department that is a certified provider of the introductory training course shall not be required to offer the courseend insertbegin insert to the general public, andend insert would makebegin insert otherend insert 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:

P1    1

SECTION 1.  

Section 832 of the Penal Code is amended to
2read:

3

832.  

(a) Every person described in this chapter as a peace
4officer shall satisfactorily complete an introductory training course
P2    1prescribed by the Commission on Peace Officer Standards and
2Training. On or after July 1, 1989, satisfactory completion of the
3course shall be demonstrated by passage of an appropriate
4examination developed or approved by the commission. Training
5in the carrying and use of firearms shall not be required of a peace
6officer whose employing agency prohibits the use of firearms.

7(b) (1) Every peace officer described in this chapter, prior to
8the exercise of the powers of a peace officer, shall have
9satisfactorily completed thebegin insert trainingend insert coursebegin delete of trainingend delete described
10in subdivision (a).

11(2) Every peace officer described in Section 13510 or in
12subdivision (a) of Section 830.2 may satisfactorily complete the
13training required by this section as part of the training prescribed
14pursuant to Section 13510.

15(c) Persons described in this chapter as peace officers who have
16not satisfactorily completed the course described in subdivision
17(a), as specified in subdivision (b), shall not have the powers of a
18peace officer until they satisfactorily complete the course.

19(d) A peace officer who, on March 4, 1972, possesses or is
20qualified to possess the basic certificate as awarded by the
21Commission on Peace Officer Standards and Training is exempted
22 from this section.

23(e) (1) A person completing the training described in
24subdivision (a) who does not become employed as a peace officer
25within three years from the date of passing the examination
26described in subdivision (a), or who has a three-year or longer
27break in service as a peace officer, shall pass the examination
28described in subdivision (a) prior to the exercise of the powers of
29a peace officer, except for a person described in paragraph (2).

30(2) The requirement in paragraph (1) does not apply to a person
31who meets any of the following requirements:

32(A) Is returning to a management position that is at the second
33level of supervision or higher.

34(B) Has successfully requalified for a basic course through the
35Commission on Peace Officer Standards and Training.

36(C) Has maintained proficiency through teaching the course
37described in subdivision (a).

38(D) During the break in California service, was continuously
39employed as a peace officer in another state or at the federal level.

P3    1(E) Has previously met the requirements of subdivision (a), has
2been appointed as a peace officer under subdivision (c) of Section
3830.1, and has been continuously employed as a custodial officer
4as defined in Section 831 or 831.5 by the agency making the peace
5officer appointment since completing the training prescribed in
6subdivision (a).

7(f) The commission may charge appropriate fees for the
8examination required by subdivision (e), not to exceed actual costs.

9(g) Notwithstanding any other law, the commission may charge
10appropriate fees for the examination required by subdivision (a)
11to each applicant who is not sponsored by a local or other law
12enforcement agency, or is not a peace officer employed by, or
13under consideration for employment by, a state or local agency,
14department, or district, or is not a custodial officer as defined in
15Sections 831 and 831.5. The fees shall not exceed actual costs.

begin insert

16(h) A probation department that is a certified provider of the
17training course described in this section shall not be required to
18offer the course to the general public.

end insert


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