BILL ANALYSIS Ó
AB 373
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Date of Hearing: March 24, 2015
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
373 (Medina) - As Introduced February 17, 2015
SUMMARY: Requires that peace officers that work near or upon
tribal land complete a course that includes a review of Public
Law 280 (PL-280) that is approved by the Commission on Peace
Officer Standards and Training (POST). Specifically, this bill:
1)Requires each police chief, county sheriff, or other head of a
law enforcement agency to assess his or her jurisdiction to
determine if any "Indian tribal lands," as defined, lie within
the jurisdiction.
2)Requires, if the police chief, county sheriff, or other head
of a law enforcement agency determines that Indian tribal
lands exist within his or her jurisdiction, to ensure that
those peace officers employed by the agency who work in, or
adjacent to, Indian tribal lands, or who may be responsible
for responding to calls for service on, or adjacent to, Indian
tribal lands, complete a course that includes, but is not
limited to, a review of PL-280.
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3)Provides that this requirement may be satisfied by ensuring
that those peace officers complete a course that includes a
review of PL-280 that is approved by the commission.
EXISTING FEDERAL LAW:
Provides for state jurisdiction over offenses committed by or
against Indians in the Indian country as follows: (18 U.S.C. §
1162.)
a) States that each of the States or Territories listed in
the following table shall have jurisdiction over offenses
committed by or against Indians in the areas of Indian
country listed opposite the name of the State or Territory
to the same extent that such State or Territory has
jurisdiction over offenses committed elsewhere within the
State or Territory, and the criminal laws of such State or
Territory shall have the same force and effect within such
Indian country as they have elsewhere within the State or
Territory: California - All Indian country within the
State. (18 U.S.C. § 1162, subd. (a).)
b) Provides that nothing in this section shall authorize
the alienation, encumbrance, or taxation of any real or
personal property, including water rights, belonging to any
Indian or any Indian tribe, band, or community that is held
in trust by the United States or is subject to a
restriction against alienation imposed by the United
States; or shall authorize regulation of the use of such
property in a manner inconsistent with any Federal treaty,
agreement, or statute or with any regulation made pursuant
thereto; or shall deprive any Indian or any Indian tribe,
band, or community of any right, privilege, or immunity
afforded under Federal treaty, agreement, or statute with
respect to hunting, trapping, or fishing or the control,
licensing, or regulation thereof. (18 U.S.C. § 1162, subd.
(b).)
c) Provides that jurisdiction over those areas shall be
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concurrent among the Federal Government, State governments,
and, where applicable, tribal governments. (18 U.S.C. §
1162, subd. (d)(2).)
EXISTING STATE 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. (Pen. Code, § 832,
subd. (a).)
1)Establishes the Commission on Peace Officer Training and
Standards. (Pen. Code, § 13500.)
2)Empowers POST to develop and implement programs to increase
the effectiveness of law enforcement. (Pen. Code, §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. (Pen. Code, § 13510,
subd. (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.
(Pen. Code, § 13510, subd. (b).)
5)Requires POST to establish a certification program for peace
officers, which shall be considered professional certificates.
(Pen. Code § 13510.1, subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Public safety
is of high priority to tribal communities, yet many factors
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have contributed to the erosion of stable and safe
neighborhoods for Native Americans. Initial communication with
tribal governments revealed that most tribal communities had
little interaction with or knowledge about public safety and
the California criminal justice system. Conversely, public
safety personnel who worked on tribal lands lacked training on
pertinent laws specific to Indian country. Public Law 280, or
PL 280 encompasses crucial criminal justice elements relating
to: violence against Native American women; full faith and
credit given to tribal court orders; protection of Native
American children and tribal culture; and laws outlining how
federal, state, and tribal law enforcement authorities are to
work together for the common goal of public safety on tribal
lands. Although such training should be mandatory for law
enforcement officers servicing tribal lands, it is merely
optional - if offered at all. Training for public safety
personnel has failed to keep pace with federal mandates,
directly creating ineffective and/or misapplied law
enforcement on tribal lands. As a result, over half of all
federally recognized Indian tribes have experienced
jurisdictional confusion and frustration with the federal law,
Public Law 83-280, (PL 280)."
2)POST Training Requirements: POST was created by the
legislature in 1959 to set minimum selection and training
standards for California law enforcement. (Pen. Code, §
13500, subd. (a).) Their mandate includes establishing
minimum standards for training of peace officers in
California. (Pen. Code § 13510, subd. (a).) As of 1989, all
peace officers in California are required to complete an
introductory course of training prescribed by POST, and
demonstrate completion of that course by passing an
examination. (Pen. Code, § 832, subd. (a).)
According to the POST Web site, the Regular Basic Course
Training includes 42 separate topics, ranging from juvenile
law and procedure to search and seizure. [POST, Regular Basic
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Course Training Specifications;
< http://post.ca.gov/regular-basic-course-training-specification
s.aspx >.] These topics are taught during a minimum of 664
hours of training. [POST, Regular Basic Course, Course
Formats, available at:
[< http://post.ca.gov/regular-basic-course.aspx .] Over the
course of the training, individuals are trained not only on
policing skills such as crowd control, evidence collection and
patrol techniques, they are also required to recall the basic
definition of a crime and know the elements of major crimes.
This requires knowledge of the California Penal code
specifically.
3)Public Law 280 (PL-280): Public Law 280 is a federal statute
enacted by Congress in 1953. It enabled states to assume
criminal, as well as civil, jurisdiction in matters involving
Indians as litigants on reservation land. Previous to the
enactment of Public Law 280, these matters were dealt with in
either tribal and/or federal court. Essentially, Public Law
280 was an attempt by the federal government to reduce its
role in Indian affairs. Enumerated in Public Law 280 were six
states which were obligated to assume jurisdiction from the
outset of the law: Alaska, California, Minnesota, Nebraska,
Oregon, and Wisconsin. States that have assumed at least some
jurisdiction since the enactment of Public Law 280 include:
Nevada, South Dakota, Washington, Florida, Idaho, Montana,
North Dakota, Arizona, Iowa, and Utah. Public Law 280 was
initially enacted without the consent of the tribes affected.
Although Public Law 280 was amended in 1968 requiring the
consent of the tribe, consent was not required for states that
had assumed jurisdiction up to 1968.
4)Argument in Support: According to the California Partnership
to End Domestic Violence, "On behalf of the California
Partnership to End Domestic Violence (the Partnership), I
write today to express our support for AB 373, which will
require peace officers employed by the agency who work in, or
adjacent to, Indian tribal lands, or who may be responsible
for responding to calls for service on, or adjacent to, Indian
tribal lands, to receive training on Public Law 280 (PL 280).
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"The Partnership is the federally recognized State Domestic
Violence Coalition for California, representing over 200
organizations and individuals statewide, united in their
commitment to safety and justice for victims. The Partnership
believes that by sharing resources and expertise, advocates
and policymakers can end domestic violence. Every day we
inspire, inform and connect all those concerned with this
issue, because together we're stronger.
"Native women experience domestic violence and sexual assault
at epidemic rates. American Indians and Alaska Natives are 2.5
times as likely to experience violent crimes - and at least 2
times more likely to experience rape or sexual assault crimes
- compared to all other races.1 34 percent of American Indian
and Alaska Native women will be raped in their lifetimes, and
39 percent of American Indian and Alaska Native women will be
subjected to violence by an intimate partner in their
lifetimes.
"Law enforcement response to these shocking rates of domestic
and sexual violence can be crucial to providing safety,
resources, and protection for survivors and their families. An
important foundation for an appropriate response by law
enforcement is for peace offices to have a clear understand of
PL 280 and its implications for their work in these
communities. AB 373 (Medina) will help to ensure that officers
who may be responding to calls for service on tribal lands
have the information they need about PL 280. We believe this
is a common-sense requirement that will help increase safety
for tribal victims and enhance law enforcement's response to
these calls for service."
5)Argument in Opposition: According to the California State
Sheriffs' Association, "we must respectfully oppose your
measure, Assembly Bill 373, which would require each police
chief, county sheriff, or other head of law enforcement agency
to assess his/her jurisdiction to determine if any Indian
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tribal lands lie within their agency's jurisdiction, and
endure that officers who may interact with those tribal lands
complete specified training.
"We are concerned with the unfunded mandate on law enforcement
agencies that this bill entails. Law enforcement agencies
currently have the discretion to require and/or offer training
contemplated by this bill (and several do), and we feel that
strikes the appropriate balance. The training of law
enforcement officers encompasses numerous topics and scenarios
and we are concerned that this requirement could jeopardize
the availability of other vital training.
"Additionally, the bill's language is ambiguous and likely
overly broad in terms of which officers would be required to
complete the training required by the bill. Ostensibly,
officers whose main or regular duties have little or nothing
to do with tribal lands could fall under the bill's reach."
REGISTERED SUPPORT / OPPOSITION:
Support
California Attorneys for Criminal Justice
California Partnership to End Domestic Violence
Strong Hearted Native Women's Coalition, Inc.
University of California, Los Angeles
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Opposition
California State Sheriffs' Association
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744