Amended in Senate June 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1168


Introduced by Assembly Member Salas

February 27, 2015


An act to amend, repeal, and add Sectionbegin delete 832end deletebegin insert 832.3end insert of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1168, as amended, Salas. Peace officers: basic training requirements.

Existing law requires peace officers to completebegin delete an introductoryend deletebegin insert a basicend insert training course prescribed by the Commission on Peace Officer Standards and Training and to pass an examination developed by the commission. Existing law generally requires a person who does not become employed as a peace officer within 3 years of passing the examination, or who has a 3-year or longer break in service, to pass the examination before exercising the powers of a peace officer.

Under existing law, in certain counties, any deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her employment and for the purpose of carrying out the primary functions of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency.

This bill would, until January 1, 2019, exempt a custodial peace officer within the class specified above who is appointed as a peace officer performing police functions from the requirement to retake the examination if he or she has been continuously employed as a custodial peace officer of that class for a period not exceeding 5 years by the agency making thebegin delete appointment.end deletebegin insert appointment and maintains specified skills during that period.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 832.3 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

832.3.  

(a) Except as provided in subdivision (e), any sheriff,
4undersheriff, or deputy sheriff of a county, any police officer of a
5city, and any police officer of a district authorized by statute to
6maintain a police department, who is first employed after January
71, 1975, shall successfully complete a course of training prescribed
8by the Commission on Peace Officer Standards and Training before
9exercising the powers of a peace officer, except while participating
10as a trainee in a supervised field training program approved by the
11Commission on Peace Officer Standards and Training. Each police
12chief, or any other person in charge of a local law enforcement
13agency, appointed on or after January 1, 1999, as a condition of
14continued employment, shall complete the course of training
15pursuant to this subdivision within two years of appointment. The
16training course for a sheriff, an undersheriff, and a deputy sheriff
17of a county, and a police chief and a police officer of a city or any
18other local law enforcement agency, shall be the same.

19(b) For the purpose of ensuring competent peace officers and
20standardizing the training required in subdivision (a), the
21commission shall develop a testing program, including standardized
22tests that enable (1) comparisons between presenters of the training
23and (2) assessments of trainee achievement. The trainees’ test
24scores shall be used only for the purposes enumerated in this
25subdivision and those research purposes as shall be approved in
26advance by the commission. The commission shall take all steps
27necessary to maintain the confidentiality of the test scores, test
28items, scoring keys, and other examination data used in the testing
29program required by this subdivision. The commission shall
30 determine the minimum passing score for each test and the
P3    1conditions for retesting students who fail. Passing these tests shall
2be required for successful completion of the training required in
3subdivision (a). Presenters approved by the commission to provide
4the training required in subdivision (a) shall administer the
5standardized tests or, at the commission’s option, shall facilitate
6the commission’s administration of the standardized tests to all
7trainees.

8(c) Notwithstanding subdivision (c) of Section 84500 of the
9Education Code and any regulations adopted pursuant thereto,
10community colleges may give preference in enrollment to
11employed law enforcement trainees who shall complete training
12as prescribed by this section. At least 15 percent of each
13presentation shall consist of nonlaw enforcement trainees if they
14are available. Preference should only be given when the trainee
15could not complete the course within the time required by statute,
16and only when no other training program is reasonably available.
17Average daily attendance for these courses shall be reported for
18state aid.

19(d) Prior to July 1, 1987, the commission shall make a report
20to the Legislature on academy proficiency testing scores. This
21report shall include an evaluation of the correlation between
22academy proficiency test scores and performance as a peace officer.

23(e) (1) Any deputy sheriff described in subdivision (c) of
24Section 830.1 shall be exempt from the training requirements
25specified in subdivisions (a) and (b) as long as his or her
26assignments remain custodial related.

27(2) Deputy sheriffs described in subdivision (c) of Section 830.1
28shall complete the training for peace officers pursuant to
29subdivision (a) of Section 832, and within 120 days after the date
30of employment, shall complete the training required by thebegin delete Board
31of Correctionsend delete
begin insert Board of State and Community Corrections end insert for
32custodial personnel pursuant to Section 6035, and the training
33required for custodial personnel of local detention facilities
34pursuant to Division 1 (commencing with Section 100) of Title 15
35of the California Code of Regulations.

36(3) Deputy sheriffs described in subdivision (c) of Section 830.1
37shall complete the course of training pursuant to subdivision (a)
38prior to being reassigned from custodial assignments to duties with
39responsibility for the prevention and detection of crime and the
40general enforcement of the criminal laws of this state.begin insert A deputy
P4    1sheriff who has completed the course of training pursuant to
2subdivision (a) and has been hired as a deputy sheriff described
3in subdivision (c) of Section 830.1 shall be eligible to be reassigned
4from custodial assignments to duties with the responsibility for
5the prevention and detection of crime and the general enforcement
6of the criminal laws of this state within three years of completing
7the training pursuant to subdivision (a). A deputy sheriff shall be
8eligible for reassignment within five years of having completed
9the training pursuant to subdivision (a) without having to complete
10a requalification for the regular basic course provided that all of
11the following are satisfied:end insert

begin insert

12(A) The deputy sheriff remains continuously employed by the
13same department in which the deputy sheriff is being reassigned
14from custodial assignments to duties with the responsibility for
15the prevention and detection of crime and the general enforcement
16of the criminal laws of this state.

end insert
begin insert

17(B) The deputy sheriff maintains the perishable skills training
18required by the commission for peace officers assigned to duties
19with the responsibility for the prevention and detection of crime
20and the general enforcement of the criminal laws of this state.

end insert

21(f) Any school police officer first employed by a K-12 public
22school district or California Community College district after July
231, 1999, shall successfully complete a basic course of training as
24prescribed by subdivision (a) before exercising the powers of a
25peace officer. A school police officer shall not be subject to this
26subdivision while participating as a trainee in a supervised field
27training program approved by the Commission on Peace Officer
28Standards and Training.

29(g) The commission shall prepare a specialized course of
30 instruction for the training of school peace officers, as defined in
31Section 830.32, to meet the unique safety needs of a school
32environment. This course is intended to supplement any other
33training requirements.

34(h) Any school peace officer first employed by a K-12 public
35school district or California Community College district before
36July 1, 1999, shall successfully complete the specialized course
37of training prescribed in subdivision (g) no later than July 1, 2002.
38Any school police officer first employed by a K-12 public school
39district or California Community College district after July 1, 1999,
40shall successfully complete the specialized course of training
P5    1prescribed in subdivision (g) within two years of the date of first
2employment.

begin insert

3(i) This section shall remain in effect only until January 1, 2019,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2019, deletes or extends that date.

end insert
6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 832.3 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
7

begin insert832.3.end insert  

(a) Except as provided in subdivision (e), any sheriff,
8undersheriff, or deputy sheriff of a county, any police officer of a
9city, and any police officer of a district authorized by statute to
10maintain a police department, who is first employed after January
111, 1975, shall successfully complete a course of training prescribed
12by the Commission on Peace Officer Standards and Training before
13exercising the powers of a peace officer, except while participating
14as a trainee in a supervised field training program approved by
15the Commission on Peace Officer Standards and Training. Each
16police chief, or any other person in charge of a local law
17enforcement agency, appointed on or after January 1, 1999, as a
18condition of continued employment, shall complete the course of
19training pursuant to this subdivision within two years of
20appointment. The training course for a sheriff, an undersheriff,
21and a deputy sheriff of a county, and a police chief and a police
22officer of a city or any other local law enforcement agency, shall
23be the same.

24(b) For the purpose of ensuring competent peace officers and
25standardizing the training required in subdivision (a), the
26commission shall develop a testing program, including
27standardized tests that enable (1) comparisons between presenters
28of the training and (2) assessments of trainee achievement. The
29trainees’ test scores shall be used only for the purposes enumerated
30in this subdivision and those research purposes as shall be
31approved in advance by the commission. The commission shall
32take all steps necessary to maintain the confidentiality of the test
33scores, test items, scoring keys, and other examination data used
34in the testing program required by this subdivision. The commission
35shall determine the minimum passing score for each test and the
36conditions for retesting students who fail. Passing these tests shall
37be required for successful completion of the training required in
38subdivision (a). Presenters approved by the commission to provide
39the training required in subdivision (a) shall administer the
40standardized tests or, at the commission’s option, shall facilitate
P6    1the commission’s administration of the standardized tests to all
2trainees.

3(c) Notwithstanding subdivision (c) of Section 84500 of the
4Education Code and any regulations adopted pursuant thereto,
5community colleges may give preference in enrollment to employed
6law enforcement trainees who shall complete training as prescribed
7by this section. At least 15 percent of each presentation shall
8consist of nonlaw enforcement trainees if they are available.
9Preference should only be given when the trainee could not
10complete the course within the time required by statute, and only
11when no other training program is reasonably available. Average
12daily attendance for these courses shall be reported for state aid.

13(d) Prior to July 1, 1987, the commission shall make a report
14to the Legislature on academy proficiency testing scores. This
15report shall include an evaluation of the correlation between
16academy proficiency test scores and performance as a peace
17officer.

18(e) (1) Any deputy sheriff described in subdivision (c) of Section
19830.1 shall be exempt from the training requirements specified in
20subdivisions (a) and (b) as long as his or her assignments remain
21custodial related.

22(2) Deputy sheriffs described in subdivision (c) of Section 830.1
23shall complete the training for peace officers pursuant to
24subdivision (a) of Section 832, and within 120 days after the date
25of employment, shall complete the training required by the Board
26of State and Community Corrections for custodial personnel
27pursuant to Section 6035, and the training required for custodial
28personnel of local detention facilities pursuant to Division 1
29(commencing with Section 100) of Title 15 of the California Code
30of Regulations.

31(3) Deputy sheriffs described in subdivision (c) of Section 830.1
32shall complete the course of training pursuant to subdivision (a)
33prior to being reassigned from custodial assignments to duties
34with responsibility for the prevention and detection of crime and
35the general enforcement of the criminal laws of this state.

36(f) Any school police officer first employed by a K-12 public
37school district or California Community College district after July
381, 1999, shall successfully complete a basic course of training as
39prescribed by subdivision (a) before exercising the powers of a
40peace officer. A school police officer shall not be subject to this
P7    1subdivision while participating as a trainee in a supervised field
2training program approved by the Commission on Peace Officer
3Standards and Training.

4(g) The commission shall prepare a specialized course of
5instruction for the training of school peace officers, as defined in
6Section 830.32, to meet the unique safety needs of a school
7environment. This course is intended to supplement any other
8training requirements.

9(h) Any school peace officer first employed by a K-12 public
10school district or California Community College district before
11July 1, 1999, shall successfully complete the specialized course of
12training prescribed in subdivision (g) no later than July 1, 2002.
13Any school police officer first employed by a K-12 public school
14district or California Community College district after July 1,
15 1999, shall successfully complete the specialized course of training
16prescribed in subdivision (g) within two years of the date of first
17employment.

18(i) This section shall become operative January 1, 2019.

end insert
begin delete
19

SECTION 1.  

Section 832 of the Penal Code is amended to
20read:

21

832.  

(a) Every person described in this chapter as a peace
22officer shall satisfactorily complete an introductory training course
23prescribed by the Commission on Peace Officer Standards and
24Training. On or after July 1, 1989, satisfactory completion of the
25course shall be demonstrated by passage of an appropriate
26examination developed or approved by the commission. Training
27in the carrying and use of firearms shall not be required of a peace
28officer whose employing agency prohibits the use of firearms.

29(b) (1) Every peace officer described in this chapter, prior to
30the exercise of the powers of a peace officer, shall have
31satisfactorily completed the training course described in subdivision
32(a).

33(2) Every peace officer described in Section 13510 or in
34 subdivision (a) of Section 830.2 may satisfactorily complete the
35training required by this section as part of the training prescribed
36pursuant to Section 13510.

37(c) Persons described in this chapter as peace officers who have
38not satisfactorily completed the course described in subdivision
39(a), as specified in subdivision (b), shall not have the powers of a
40peace officer until they satisfactorily complete the course.

P8    1(d) A peace officer who, on March 4, 1972, possesses or is
2qualified to possess the basic certificate as awarded by the
3Commission on Peace Officer Standards and Training is exempted
4from this section.

5(e) (1) A person completing the training described in
6subdivision (a) who does not become employed as a peace officer
7within three years from the date of passing the examination
8described in subdivision (a), or who has a three-year or longer
9break in service as a peace officer, shall pass the examination
10described in subdivision (a) prior to the exercise of the powers of
11a peace officer, except for a person described in paragraph (2).

12(2) The requirement in paragraph (1) does not apply to a person
13who meets any of the following requirements:

14(A) Is returning to a management position that is at the second
15level of supervision or higher.

16(B) Has successfully requalified for a basic course through the
17Commission on Peace Officer Standards and Training.

18(C) Has maintained proficiency through teaching the course
19described in subdivision (a).

20(D) During the break in California service, was continuously
21employed as a peace officer in another state or at the federal level.

22(E) Has previously met the requirements of subdivision (a), has
23been appointed as a peace officer under subdivision (c) of Section
24830.1, and has been continuously employed as a custodial officer
25as defined in Section 831 or 831.5 by the agency making the peace
26officer appointment since completing the training prescribed in
27subdivision (a).

28(F) Has previously met the requirements of subdivision (a), is
29being appointed as a peace officer under subdivision (a) of Section
30830.1, and has been continuously employed as a peace officer as
31defined in subdivision (c) of Section 830.1 for a period not
32exceeding five years by the agency making the peace officer
33appointment since completing the training prescribed in subdivision
34(a).

35(f) The commission may charge appropriate fees for the
36examination required by subdivision (e), not to exceed actual costs.

37(g) Notwithstanding any other law, the commission may charge
38appropriate fees for the examination required by subdivision (a)
39to each applicant who is not sponsored by a local or other law
40enforcement agency, or is not a peace officer employed by, or
P9    1under consideration for employment by, a state or local agency,
2department, or district, or is not a custodial officer as defined in
3Sections 831 and 831.5. The fees shall not exceed actual costs.

4(h) A probation department that is a certified provider of the
5training course described in this section shall not be required to
6offer the course to the general public.

7(i) This section shall remain in effect only until January 1, 2019,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2019, deletes or extends that date.

10

SEC. 2.  

Section 832 is added to the Penal Code, to read:

11

832.  

(a) Every person described in this chapter as a peace
12officer shall satisfactorily complete an introductory training course
13prescribed by the Commission on Peace Officer Standards and
14Training. On or after July 1, 1989, satisfactory completion of the
15course shall be demonstrated by passage of an appropriate
16examination developed or approved by the commission. Training
17in the carrying and use of firearms shall not be required of a peace
18officer whose employing agency prohibits the use of firearms.

19(b) (1) Every peace officer described in this chapter, prior to
20the exercise of the powers of a peace officer, shall have
21satisfactorily completed the training course described in subdivision
22(a).

23(2) Every peace officer described in Section 13510 or in
24subdivision (a) of Section 830.2 may satisfactorily complete the
25training required by this section as part of the training prescribed
26pursuant to Section 13510.

27(c) Persons described in this chapter as peace officers who have
28not satisfactorily completed the course described in subdivision
29(a), as specified in subdivision (b), shall not have the powers of a
30peace officer until they satisfactorily complete the course.

31(d) A peace officer who, on March 4, 1972, possesses or is
32qualified to possess the basic certificate as awarded by the
33Commission on Peace Officer Standards and Training is exempted
34from this section.

35(e) (1) A person completing the training described in
36subdivision (a) who does not become employed as a peace officer
37within three years from the date of passing the examination
38described in subdivision (a), or who has a three-year or longer
39break in service as a peace officer, shall pass the examination
P10   1described in subdivision (a) prior to the exercise of the powers of
2a peace officer, except for a person described in paragraph (2).

3(2) The requirement in paragraph (1) does not apply to a person
4who meets any of the following requirements:

5(A) Is returning to a management position that is at the second
6level of supervision or higher.

7(B) Has successfully requalified for a basic course through the
8Commission on Peace Officer Standards and Training.

9(C) Has maintained proficiency through teaching the course
10described in subdivision (a).

11(D) During the break in California service, was continuously
12employed as a peace officer in another state or at the federal level.

13(E) Has previously met the requirements of subdivision (a), has
14been appointed as a peace officer under subdivision (c) of Section
15830.1, and has been continuously employed as a custodial officer
16as defined in Section 831 or 831.5 by the agency making the peace
17officer appointment since completing the training prescribed in
18subdivision (a).

19(f) The commission may charge appropriate fees for the
20examination required by subdivision (e), not to exceed actual costs.

21(g) Notwithstanding any other law, the commission may charge
22appropriate fees for the examination required by subdivision (a)
23to each applicant who is not sponsored by a local or other law
24enforcement agency, or is not a peace officer employed by, or
25under consideration for employment by, a state or local agency,
26department, or district, or is not a custodial officer as defined in
27Sections 831 and 831.5. The fees shall not exceed actual costs.

28(h) A probation department that is a certified provider of the
29training course described in this section shall not be required to
30offer the course to the general public.

31(i) This section shall become operative January 1, 2019.

end delete


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