BILL ANALYSIS Ó AB 373 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 373 (Medina) - As Introduced February 17, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|6 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes 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 AB 373 Page 2 Standards and Training (POST). Specifically, this bill: 1)Requires the head of the local law enforcement agency to determine if any Indian tribal lands, as defined, are within the agency's jurisdiction. 2)Requires the head of the law enforcement agency, if (1) applies, to ensure 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. 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 POST. FISCAL EFFECT: Potentially moderate state and local costs, and potentially state reimbursable, in excess of $180,000 (General Fund) to require the head of the local law enforcement agency to ensure local law enforcement personnel complete the required the course. The current DVD by POST on "Policing Indian Lands" is 117 minutes long. Assuming a reimbursement rate of $75 per hour, and 3 hours to prepare and review the DVD, the potential impact is $225 per officer; and $180,000 if the cost to train 800 officers (one percent of the approximately 80,000 sworn officers statewide) is reimbursed by the state. Some local agencies will not be reimbursed if the annual cost to comply with this mandate is less than $1,000. Also, if the commission on state mandates determines this bill imposes a reimbursable state mandate, costs currently incurred by local law enforcement agencies to comply with this measure will be reimbursable. AB 373 Page 3 Minor absorbable costs to POST to make the telecourse available. COMMENTS: 1)Background. POST was created by the Legislature in 1959 to set minimum selection and training standards for California law enforcement. POST'S's mandate includes establishing minimum standards for training of peace officers in California. According to POST, "Policing Indian lands in California presents unique issues and challenges. When enacted, Public Law 280 (PL280) required California to replace federal law enforcement and assume criminal jurisdiction over all Indian lands. Initially, California's Indian tribes objected to PL280's implementation, and without funding, law enforcement agencies often neglected to implement PL 280. Yet PL 280 remains the law and requires local law enforcement to enforce California's criminal laws within Indian country. While the exercise of PL 280 jurisdiction is often a source of conflict between Indian and non-Indian communities, this training [Policing Indian Lands telecourse] shows California law enforcement how to make this relationship work. Cooperative agreements between law enforcement and tribal governments will improve services on Indian lands and can also make the peace officer's job easier and safer." According to the author, "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, PL 280." AB 373 Page 4 2)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). "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." 3)Argument in Opposition: According to the California State Sheriffs' Association, "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 AB 373 Page 5 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." Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081