Senate Bill No. 1200

Introduced by Senator Jackson

February 18, 2016

An act to amend Section 13519 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 1200, as introduced, Jackson. Peace Officer Standards and Training: domestic violence: animal cruelty.

Existing law directs the Commission on Peace Officer Standards and Training to establish minimum standards relating to the training of law enforcement officers and establishes standards that are applicable to specific types of cases, including domestic violence. Existing law requires the commission to implement a course or courses of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and to develop guidelines for law enforcement response to domestic violence. Existing law requires the course of basic training for law enforcement officers to include adequate instruction in specified procedures and techniques, including the legal duties imposed on peace officers in domestic violence cases and the services and facilities available to victims and batterers.

This bill would require the course of basic training for law enforcement officers on domestic violence to include adequate instruction on the seriousness of animal cruelty and its link to violence against humans. The bill would define law enforcement officer for purposes of these domestic violence training requirements to include probation officers. By imposing these training requirements on county probation officers, this 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 13519 of the Penal Code is amended to
read:

13519.  

(a) The commission shall implement begin delete by January 1,
1986, end delete a course or courses of instruction for the training of law
enforcement officers in California in the handling of domestic
violence complaints and also shall develop guidelines for law
enforcement response to domestic violence. The course or courses
of instruction and the guidelines shall stress enforcement of
criminal laws in domestic violence situations, availability of civil
remedies and community resources, and protection of the victim.
Where appropriate, the training presenters shall include domestic
violence experts with expertise in the delivery of direct services
to victims of domestic violence, including utilizing the staff of
shelters for battered women in the presentation of training.

(b) As used in this section, “law enforcement officer” means
begin delete any end delete begin insert an end insert officer or employee of a local police department or sheriff’s
office, begin delete any end delete begin insert a end insert peace officer of the Department of Parks and
Recreation, as defined in subdivision (f) of Section 830.2, begin delete any end delete begin insert a end insert
peace officer of the University of California Police Department,
as defined in subdivision (b) of Section 830.2, begin delete any end delete begin insert a end insert peace officer
of the California State University Police Departments, as defined
in subdivision (c) of Section 830.2, a peace officer, as defined in
subdivision (d) of Section 830.31, begin delete or end delete a peace officer as defined in
subdivisions (a) and (b) of Section 830.32 begin insert , or a peace officer
specified in subdivision (a) of Section 830.5 as a probation officer
or a deputy probation officer end insert .

(c) The course of basic training for law enforcement officers
shall begin delete , no later than January 1, 1986, end delete include adequate instruction
in the procedures and techniques described below:

(1) The provisions set forth in Title 5 (commencing with Section
13700) relating to response, enforcement of court orders, and data
collection.

(2) The legal duties imposed on peace officers to make arrests
and offer protection and assistance including guidelines for making
felony and misdemeanor arrests.

(3) Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote
the safety of the victim.

(4) The nature and extent of domestic violence.

(5) The signs of domestic violence.

(6) The legal rights of, and remedies available to, victims of
domestic violence.

(7) The use of an arrest by a private person in a domestic
violence situation.

(8) Documentation, report writing, and evidence collection.

begin delete

(9) Domestic violence diversion as provided in Chapter 2.6
(commencing with Section 1000.6) of Title 6 of Part 2.

end delete begin insert

(9) Diversion opportunities for domestic violence defendants.

end insert

(10) Tenancy issues and domestic violence.

(11) The impact on children of law enforcement intervention
in domestic violence.

(12) The services and facilities available to victims and batterers.

(13) The use and applications of this code in domestic violence
situations.

(14) Verification and enforcement of temporary restraining
orders when (A) the suspect is present and (B) the suspect has fled.

(15) Verification and enforcement of stay-away orders.

(16) Cite and release policies.

(17) Emergency assistance to victims and how to assist victims
in pursuing criminal justice options.

begin insert

(18) The seriousness of animal cruelty and its link to violence
against humans.

end insert

(d) The guidelines developed by the commission shall also
incorporate the begin delete foregoing end delete factors begin insert in subdivision (c) end insert .

(e)  begin delete (1) end delete begin delete   end delete All law enforcement officers who have received their
basic training before January 1, 1986, shall participate in
supplementary training on domestic violence subjects, as prescribed
and certified by the commission.

begin delete

(2) Except as provided in paragraph (3), the training specified
in paragraph (1) shall be completed no later than January 1, 1989.

(3) (A) The training for peace officers of the Department of
Parks and Recreation, as defined in subdivision (g) of Section
830.2, shall be completed no later than January 1, 1992.

(B) The training for peace officers of the University of California
Police Department and the California State University Police
Departments, as defined in Section 830.2, shall be completed no
later than January 1, 1993.

(C) The training for peace officers employed by a housing
authority, as defined in subdivision (d) of Section 830.31, shall be
completed no later than January 1, 1995.

end delete begin delete

(4)

end delete

begin insert (f) end insert  Local law enforcement agencies are encouraged to include,
as a part of their advanced officer training program, periodic
updates and training on domestic violence. The commission shall
assist where possible.

begin delete

(f)

end delete

begin insert (g) end insert  (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of domestic violence. The groups and individuals shall include,
but shall not be limited to, the following: one representative each
from the California Peace Officers’ Association, the Peace Officers’
Research Association of California, the State Bar of California,
the California Women Lawyers’ Association, and the begin delete State end delete
Commission on the Status of Women and Girls; two representatives
from the commission; two representatives from the California
Partnership to End Domestic Violence; two peace officers,
recommended by the commission, who are experienced in the
provision of domestic violence training; and two domestic violence
experts, recommended by the California Partnership to End
Domestic Violence, who are experienced in the provision of direct
services to victims of domestic violence and at least one
representative of service providers serving the lesbian, gay,
bisexual, and transgender community in connection with domestic
violence. At least one of the persons selected shall be a former
victim of domestic violence.

(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine
in what ways domestic violence training might be included as a
part of ongoing programs.

begin delete

(g)

end delete

begin insert (h) end insert  Each law enforcement officer below the rank of supervisor
who is assigned to patrol duties and would normally respond to
domestic violence calls or incidents of domestic violence shall
complete, every two years, an updated course of instruction on
domestic violence that is developed according to the standards and
guidelines developed pursuant to subdivision begin delete (d) end delete begin insert (g) end insert . The
instruction required pursuant to this subdivision shall be funded
from existing resources available for the training required pursuant
to this section. It is the intent of the Legislature not to increase the
annual training costs of local government entities.

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.