BILL NUMBER: AB 546 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2015
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 23, 2015
An act to amend Section 832 of the Penal Code, relating to peace
officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 546, as amended, Gonzalez. 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 of peace officers, and imposes other training requirements
on those persons who would exercise the powers of peace officers.
Existing law provides that a probation department that is a certified
provider of that training course shall not be required to offer the
course to the general public.
This bill would authorize a probation department to apply
to either the commission or the Board of State and Community
Corrections to become a certified provider of that training course
for the purpose of training probation officers.
prohibit the commission, when evaluating a certification request from
a probation department for that training course, from considering
the need and justification for the course, or requiring that there be
an identifiable and unmet need for the training course as a
condition of certifying the training course.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 832 of the Penal Code is amended to read:
832. (a) Every person described in this chapter as a peace
officer shall satisfactorily complete an introductory training course
prescribed by the Commission on Peace Officer Standards and
Training. On or after July 1, 1989, satisfactory completion of the
course shall be demonstrated by passage of an appropriate examination
developed or approved by the commission. Training in the carrying
and use of firearms shall not be required of a peace officer whose
employing agency prohibits the use of firearms.
(b) (1) Every peace officer described in this chapter, prior to
the exercise of the powers of a peace officer, shall have
satisfactorily completed the training course described in subdivision
(a).
(2) Every peace officer described in Section 13510 or in
subdivision (a) of Section 830.2 may satisfactorily complete the
training required by this section as part of the training prescribed
pursuant to Section 13510.
(c) Persons described in this chapter as peace officers who have
not satisfactorily completed the course described in subdivision (a),
as specified in subdivision (b), shall not have the powers of a
peace officer until they satisfactorily complete the course.
(d) A peace officer who, on March 4, 1972, possesses or is
qualified to possess the basic certificate as awarded by the
Commission on Peace Officer Standards and Training is exempted from
this section.
(e) (1) A person completing the training described in subdivision
(a) who does not become employed as a peace officer within three
years from the date of passing the examination described in
subdivision (a), or who has a three-year or longer break in service
as a peace officer, shall pass the examination described in
subdivision (a) prior to the exercise of the powers of a peace
officer, except for a person described in paragraph (2).
(2) The requirement in paragraph (1) does not apply to a person
who meets any of the following requirements:
(A) Is returning to a management position that is at the second
level of supervision or higher.
(B) Has successfully requalified for a basic course through the
Commission on Peace Officer Standards and Training.
(C) Has maintained proficiency through teaching the course
described in subdivision (a).
(D) During the break in California service, was continuously
employed as a peace officer in another state or at the federal level.
(E) Has previously met the requirements of subdivision (a), has
been appointed as a peace officer under subdivision (c) of Section
830.1, and has been continuously employed as a custodial officer as
defined in Section 831 or 831.5 by the agency making the peace
officer appointment since completing the training prescribed in
subdivision (a).
(f) The commission may charge appropriate fees for the examination
required by subdivision (e), not to exceed actual costs.
(g) Notwithstanding any other law, the commission may charge
appropriate fees for the examination required by subdivision (a) to
each applicant who is not sponsored by a local or other law
enforcement agency, or is not a peace officer employed by, or under
consideration for employment by, a state or local agency, department,
or district, or is not a custodial officer as defined in Sections
831 and 831.5. The fees shall not exceed actual costs.
(h) (1) When evaluating a certification request from a probation
department for a training course described in this section, the
commission shall not do either of the following:
(A) Consider the need and justification for the training course.
(B) Require that there be an identifiable and unmet need for the
training course as a condition of certifying the training course.
(h) (1)
(2) A probation department that is a
certified provider of the training course described in this section
shall not be required to offer the course to the general public.
(2) A probation department may apply to either the commission or
the Board of State and Community Corrections to become a certified
provider of the training course described in this section for the
purpose of training probation officers.