BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 373


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          Date of Hearing:  April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          373 (Medina) - As Introduced February 17, 2015


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          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  








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          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.   










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          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."









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          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  








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            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