BILL ANALYSIS Ó AB 1168 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1168 (Salas) As Amended June 16, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |77-0 |(April 30, |SENATE: |39-0 |(July 6, 2015) | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY: Specifies that custodial peace officers, who have completed full basic peace officer academy training, do not have to complete re-examination if they have been continuously employed as a custodial peace officer for a period not exceeding five years. The Senate amendments: 1)Add a sunset date for the provisions of this bill of January 1, 2019. 2)Specify that the peace officer must maintain specified skills during the up to five year period that they are employed as a custodial officer in order to not complete re-examination, as specified. AB 1168 Page 2 EXISTING LAW: 1)Provides that every peace officer shall satisfactorily complete an introductory training course prescribed by the Commission on Peace Officer Standards and Training (POST). 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. 2)States that every peace officer, prior to the exercise of the powers of a peace officer, shall have satisfactorily completed the training course specified 3)Specifies that persons described in this chapter as peace officers who have not satisfactorily completed specified courses shall not have the powers of a peace officer until they satisfactorily complete the course. 4)Exempts a peace officer who, on March 4, 1972, possesses or is qualified to possess the basic certificate as awarded by the Commission on POST. 5)Provides that a person completing the basic peace officer training who does not become employed as a peace officer within three years from the date of passing the examination, or who has a three-year or longer break in service as a peace officer, shall pass the examination prior to the exercise of the powers of a peace officer, except for the following specified individuals: a) A peace officer is returning to a management position that is at the second level of supervision or higher. AB 1168 Page 3 b) A peace officer has successfully re-qualified for a basic course through the Commission on POST. c) A peace officer has maintained proficiency through teaching the basic peace officer training course. d) A peace officer, during the break in California service, was continuously employed as a peace officer in another state or at the federal level. e) A peace officer, who has previously met the requirements of basic training, has been appointed as a specified custodial peace officer, and has been continuously employed as a custodial officer by the agency making the peace officer appointment since completing the basic peace officer training. AS PASSED BY THE ASSEMBLY, this bill specified that custodial peace officers, who have completed full basic peace officer academy training, do not have to complete re-examination if they have been continuously employed as a custodial peace officer for a period not exceeding five years. FISCAL EFFECT: Unknown. This bill has been keyed non-fiscal by the Legislative Counsel. COMMENTS: According to the author, "Prior to becoming employed as a peace officer in California, applicants are required to complete a basic training course and pass an examination. If a person does not become employed as a peace officer within 3 years of passing the examination, or has a break in service of 3 years or longer, they must repeat their training and retake the examination. "Many peace officers begin their public safety service with AB 1168 Page 4 custodial or detention assignments, performing duties like working in courtrooms, transporting inmates, conducting criminal investigations, testifying in court, attending training courses, and preparing reports. While considered peace officers under California law, custodial and detention deputy positions have limited peace officer powers. "Custodial and detention deputies often aim to transfer to patrol assignments with full peace officer powers. Even though they are employed, if these deputies do not find patrol positions within 3 years they must repeat their training and examination. Openings for patrol positions are rare, particularly in rural regions of the state, often making the three-year requalification an impediment to career advancement. "Assembly Bill 1168 would, until January 2019, extend the validity of the basic training courses and examinations for a custodial or detention deputy who has been continuously employed as a peace officer for five years." Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0001082