BILL ANALYSIS �
AB 2130
Page 1
Date of Hearing: April 17, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2130 (Cook) - As Introduced: February 23, 2012
SUMMARY : Allows the Commission on Peace Officer Standards and
Training (POST) to accept satisfactory completion of training as
a military police officer in the United States Armed Forces as
an alternative to completion of required training, as specified.
EXISTING LAW requires all peace officers to complete an
introductory course of training prescribed by POST, demonstrated
by passage of an appropriate examination developed by POST.
�Penal Code Section 832(a)]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In light of the
large numbers of returning veterans from the current conflicts
and the poor job market due to the economic situation, it is
important to simplify and expedite the process by which
honorably discharged military policemen may become California
peace officers. California's Commission on Peace Officer
Standards and Training (POST) develops the training standards
for police officers throughout the state. This bill will help
POST incorporate military police training received by service
members into their own civilian training program to help
veterans more quickly and efficiently move from a military
service career, such as the military police, into a career in
civilian law enforcement in California."
2)POST Training Requirements: POST was created by the
legislature in 1959 to set minimum selection and training
standards for California law enforcement. �Penal Code Section
13500(a).] Their mandate includes establishing minimum
standards for training of peace officers in California.
�Penal Code Section 13510(a).] As of 1989, all peace officers
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in California are required to complete an introductory course
of training prescribed by POST, and demonstrate completion of
that course by passing an examination. �Penal Code Section
832(a).]
According to the POST website, the Regular Basic Course Training
includes 42 separate topics, ranging from juvenile law and
procedure to search and seizure. �POST, Regular Basic Course
Training Specifications, available at:
http://post.ca.gov/regular-basic-course-training-specifications
.aspx.] These topics are taught during a minimum of 664 hours
of training. �POST, Regular Basic Course, Course Formats,
available at: http://post.ca.gov/regular-basic-course.aspx.]
Over the course of the training, individuals are trained not
only on policing skills such as crowd control, evidence
collection and patrol techniques, they are also required to
recall the basic definition of a crime and know the elements
of major crimes. This requires knowledge of the California
Penal code specifically.
3)Military Police Training : According to GoArmy.com, the Army
recruiting website, military police officers "protect the
lives and property on Army installations by enforcing military
laws and regulations. They also control traffic, prevent crime
and respond to all emergencies." �U.S. Army, Career
Opportunities, Military Police. Available at:
http://www.goarmy.com/careers-and-jobs/browse-career-and-job-ca
tegories/legal-and-law-enforcement/military-police.html.]
Although the full training curriculum is not listed, skills
that recruits will learn during the training include basic
"warrior skills and use of firearms, military/civil laws and
jurisdiction, investigating and collecting evidence, traffic
and crowd control, and arrest and restraint of suspects.
(Ibid.)
While POST training focuses on California law, the basis for
military police training is the Uniform Code of Military
Justice (UCMJ). While there are some basic similarities
between offenses in the California Penal Code and the UCMJ,
such as murder, there are a number of offenses in one that are
excluded from the other. For example, the UCMJ includes an
offense of desertion, an offense that does not exist in the
California Penal Code. (10 U.S.C Section 885.) In contrast,
California has an extensive process for registering sex
offenders, a process which does not exist under the UCMJ.
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(Penal Code Section 290, et. seq.) While the training that
military police officers undergo is extensive, it is not
coextensive with POST training and it is unclear if that
training would adequately prepare these individuals to
effectively and efficiently act as California peace officers.
4)Veteran Recruiting by Law Enforcement : Many law enforcement
agencies actively recruit military veterans for their forces.
For example, the Los Angeles Police Department (LAPD) has an
initiative called "Military Green to LAPD Blue." In addition
to increased pay for military experience, veterans also
receive an additional five points during the hiring process.
(Join LAPD, Military Personnel. Available at:
http://www.joinlapd.com/military.html.) Similar programs and
preferences also exist in other law enforcement agencies
including the California Highway Patrol
(http://www.chp.ca.gov/recruiting/military.html). In addition
to hiring preferences, both departments emphasize that the
police academy is eligible to receive G.I. Bill educational
benefits, essentially making the veteran's training free.
5)Argument in Support: According to AMVETS-Department of
California , "We support this modest effort to help some of our
returning veterans utilize their military training to help get
civilian jobs, turning boots into badges."
6)Argument in Opposition : According to the Commission on Peace
Officer Standards and Training , "Since 1959, the Commission
has established hiring standards that include medical
evaluation, psychological evaluation, a thorough background
investigation to evaluate moral character, fiscal
responsibility, gender, racial or other bias, physical
performance of job related tasks and other factors before
admittance to any POST-certified academy which on average,
present over 850 hours of basic training. As a general rule,
for every 1000 applicants only 100 candidates qualify to enter
an academy. And, as a rule only 80 of those candidates will
successfully complete academy training and the mandatory
probationary period. Local determination can result in even
higher, but never lower, hiring and training standards
established by the Commission.
"The Commission holds the highest respect for the brave men and
women who serve in the armed forces, remains sensitive to
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returning veterans' employment challenges, and is readily
available to assist them with the application process to
become a California peace officer."
REGISTERED SUPPORT / OPPOSITION :
Support
AMVETS-Department of California (Sponsor)
American Legion- Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Vietnam Veterans of America- California State Council
Opposition
Commission on Peace Officer Standards and Training
California State Sheriff's Association
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744