Amended in Senate July 13, 2015

Amended in Senate July 9, 2015

Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1507

Introduced by begin delete Committee on Labor and Employment (Assembly Members Roger Hernández (Chair), Chu, Low, McCarty, and Thurmond) end delete begin insert Assembly Member Roger  end insert begin insert Hernández end insert

March 4, 2015

An act to add Section 832.35 to the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1507, as amended, begin delete Committee on Labor and Employment end delete   begin insert Roger  Hernández end insert . Peace officers: training.

Existing federal law, commonly known as Public Law 280, authorizes the state to exercise jurisdiction over offenses committed by or against Indians in the areas of Indian country within the state, and gives state criminal laws the same force and effect within Indian country as they have elsewhere in the state.

Existing state law creates the Commission on Peace Officer Standards and Training that, among other things, establishes levels of standards and training for peace officers, as specified. Existing law requires the commission to implement courses of training related to various topics applicable to peace officers.

This bill would require begin delete each end delete begin insert every end insert police chief, county sheriff, or other head of a law enforcement agency to assess his or her jurisdiction to determine if any Indian tribal lands lie within the jurisdiction. The bill would require the police chief, county sheriff, or other head of a law enforcement agency, if he or she determines that Indian tribal lands exist within his or her jurisdiction, to ensure that 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 Public Law 280. By creating new duties for local officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

Section 832.35 is added to the Penal Code, immediately following Section 832.3, to read:

832.35.  

(a)  begin delete Each end delete begin insert Every end insert police chief, county sheriff, or other
head of a law enforcement agency shall assess his or her
jurisdiction to determine if any Indian tribal lands lie within the
jurisdiction.

(b) If the police chief, county sheriff, or other head of a law
enforcement agency determines that Indian tribal lands exist within
his or her jurisdiction, he or she shall ensure that 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 Public Law
280 (18 U.S.C. Sec. 1162; 28 U.S.C. Sec. 1360; and 25 U.S.C.
Secs. 1321 through 1326, inclusive).

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.