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