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 wouldbegin delete prohibitend deletebegin insert requireend insert the commission, when evaluating a certification request from a probation department for that training course,begin delete from considering the need and justification for the course, or requiring that thereend deletebegin insert
to deem there toend insert be an identifiable and unmet need for the trainingbegin delete course as a condition of certifying the trainingend delete 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 832 of the Penal Code is amended to
2read:
(a) Every person described in this chapter as a peace
4officer shall satisfactorily complete an introductory training course
5prescribed by the Commission on Peace Officer Standards and
6Training. On or after July 1, 1989, satisfactory completion of the
7course shall be demonstrated by passage of an appropriate
8examination developed or approved by the commission. Training
9in the carrying and use of firearms shall not be required of a peace
10officer whose employing agency prohibits the use of firearms.
11(b) (1) Every peace officer described in this chapter, prior to
12the exercise of the powers of a peace officer, shall have
13satisfactorily completed the training course described in
subdivision
14(a).
15(2) Every peace officer described in Section 13510 or in
16subdivision (a) of Section 830.2 may satisfactorily complete the
17training required by this section as part of the training prescribed
18pursuant to Section 13510.
19(c) Persons described in this chapter as peace officers who have
20not satisfactorily completed the course described in subdivision
21(a), as specified in subdivision (b), shall not have the powers of a
22peace officer until they satisfactorily complete the course.
23(d) A peace officer who, on March 4, 1972, possesses or is
24qualified to possess the basic certificate as awarded by the
25Commission on Peace Officer Standards and Training is exempted
26from this section.
27(e) (1) A person completing the training described in
28subdivision (a) who does not become employed as a peace officer
29within three years from the date of passing the examination
30described in subdivision (a), or who has a three-year or longer
31break in service as a peace officer, shall pass the examination
32described in subdivision (a) prior to the exercise of the powers of
33a peace officer, except for a person described in paragraph (2).
34(2) The requirement in paragraph (1) does not apply to a person
35who meets any of the following requirements:
36(A) Is returning to a management position that is at the second
37level of supervision or higher.
P3 1(B) Has successfully requalified for a basic course through the
2Commission on Peace Officer Standards and Training.
3(C) Has maintained proficiency through teaching the course
4described in subdivision (a).
5(D) During the break in California service, was continuously
6employed as a peace officer in another state or at the federal level.
7(E) Has previously met the requirements of subdivision (a), has
8been appointed as a peace officer under subdivision (c) of Section
9830.1, and has been continuously employed as a custodial officer
10as defined in Section 831 or 831.5 by the agency making the peace
11officer appointment since completing the training prescribed in
12subdivision (a).
13(f) The commission may charge appropriate fees for the
14examination required by subdivision (e), not to exceed actual costs.
15(g) Notwithstanding any other law, the commission may charge
16appropriate fees for the examination required by subdivision (a)
17to each applicant who is not sponsored by a local or other law
18enforcement agency, or is not a peace officer employed by, or
19under consideration for employment by, a state or local agency,
20department, or district, or is not a custodial officer as defined in
21Sections 831 and 831.5. The fees shall not exceed actual costs.
22(h) (1) When evaluating a certification request from a probation
23department for a training course described in this section, the
24commission shallbegin delete not do either of the following:end deletebegin insert
deem there to be
25an identifiable and unmet need for the training course.end insert
26(A) Consider the need and justification for the training course.
end delete
27(B) Require that there be an identifiable and unmet need for the
28training course as a condition of certifying the training course.
29(2) A probation department that is a certified provider of the
30training course described in this section shall not be required to
31offer the course to the general public.
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