BILL ANALYSIS �
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Date of Hearing: April 24, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2130 (Gorell) - As Amended: April 17, 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:
1)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).]
2)Requires POST to prepare a course of instruction for the
training of peace officers in the use of tear gas. (Penal
Code Section 13514.)
3)Requires POST to develop and disseminate guidelines and
standardized training recommendations for all law enforcement
officers, supervisors, or managers whose agency assigns them
to perform, supervise, or management Special Weapons and
Tactics (SWAT) operations. �Penal Code Section 13514.1(a).]
4)Requires POST implement a course or courses of instruction for
the training of law enforcement officers in the handling of
acts of civil disobedience and adopt guidelines that may be
followed by police agencies in responding to acts of civil
disobedience. �Penal Code Section 13514.5(a).]
5)Requires every police officer or deputy sheriff who is
assigned field or investigative duties to complete an elder
and dependent adult abuse training course certified by POST.
�Penal Code Section 13515(a).]
6)Requires POST establish and keep updated a continuing
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education classroom training course related to law enforcement
interaction with mentally disabled persons. �Penal Code
Section 13515.25(a).]
7)Requires POST create and make available on DVD and may
distribute electronically a course on how to recognize and
interact with persons with autistic spectrum disorders.
�Penal Code Section 13515.35(a).]
8)Requires every police officer or deputy sheriff who is
assigned field or investigative duties to complete a high
technology crimes and computer seizure training course
certified by POST. (Penal Code Section 13515.55.)
9)Requires POST to prepare guidelines establishing standard
procedures which may be followed by police agencies in the
investigation of sexual assault cases, and cases involving the
sexual exploitation or sexual abuse of children, including,
police response to, and treatment of, victims of these crimes.
This training must be included in the basic certificate
issued by POST or no reimbursement will be made to local
agencies based on attendance at any course which does not
comply with this requirement. �Penal Code Section 13516(a)
and (b).]
10)Requires POST to prepare guidelines establishing standard
procedures which may be followed by police agencies in the
detection, investigation, and response to cases in which a
minor is a victim of an act of abuse or neglect including
procedures for determining whether or not a child should be
taken into protective custody and minimizing the number of
times a child is interviewed by law enforcement personnel.
�Penal Code Section 13517(a).]
11)Requires POST to prepare guidelines establishing standard
procedures which may be followed by police agencies and
prosecutors in interviewing minor witnesses. (Penal Code
Section 13517.5.)
12)Requires POST to develop guidelines and training for use by
state and local law enforcement officers to address issues
related to child safety when a caretaker parent or guardian is
arrested. �Penal Code Section 13517.7(a).]
13)Requires POST to implement a course or courses of instruction
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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. �Penal Code Section 13519(a).]
14)Requires POST to implement a course or courses of instruction
for the training of law enforcement officers in California in
the handling of stalking complaints and also shall develop
guidelines for law enforcement response to stalking. �Penal
Code Section 13519.05(a).]
15)Requires POST to modify its missing persons investigations
guidelines and curriculum with contemporary information.
Specifically, the commission should consider including and
revising their guidelines to include both steps for law
enforcement agencies in the first few hours after the
reporting of a missing person and information on the
availability of the department task forces, the SAFE Task
Force Regional Teams, and other entities that can assist in
the search for a missing person. �Penal Code Section
13519.07(e).]
16)Requires POST to implement a course or courses of instruction
for the training of law enforcement officers and law
enforcement dispatchers in the handling of missing person and
runaway cases and shall also develop guidelines for law
enforcement response to missing person and runaway cases.
�Penal Code Section 13519.1(a).]
17)Requires POST to include in the basic training course for law
enforcement officers, adequate instruction in the handling of
persons with developmental disabilities or mental illness, or
both. �Penal Code Section 13519.2(a).]
18)Requires POST to establish a course on the nature of sudden
infant death syndrome and the handling of cases involving the
sudden deaths of infants. �Penal Code Section 13519.3(a).]
19)Requires POST to develop and disseminate guidelines and
training for all law enforcement officers in California who
adhere to the standards approved by the commission, on the
racial and cultural differences among the residents of this
state. �Penal Code Section 13519.4(a).]
20)Requires POST to implement a course or courses of instruction
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to provide ongoing training to the appropriate peace officers
on methods of gang and drug law enforcement. (Penal Code
Section 13519.5.)
21)Requires POST to develop guidelines and a course of
instruction and training for law enforcement officers who are
employed as peace officers, or who are not yet employed as a
peace officer but are enrolled in a training academy for law
enforcement officers, addressing hate crimes. �Penal Code
Section 13519.6(a).]
22)Requires POST to develop a two-hour telecourse to be made
available to all law enforcement agencies in California on
crimes against homeless persons and on how to deal effectively
and humanely with homeless persons, including homeless persons
with disabilities. �Penal Code Section 13519.64(b).]
23)Requires POST to develop complaint guidelines to be followed
by city police departments, county sheriffs' departments,
districts, and state university departments, for peace
officers who are victims of sexual harassment in the
workplace. �Penal Code Section 13519.7(a).]
24)Requires POST to implement a course or courses of instruction
for the regular and periodic training of law enforcement
officers in the handling of high-speed vehicle pursuits and to
develop uniform, minimum guidelines for adoption and
promulgation by California law enforcement agencies for
response to high-speed vehicle pursuits. �Penal Code Section
13519.8(a)(1).]
25)Requires POST to establish the Robert Presley Institute of
Criminal Investigation which will make available to criminal
investigators of California's law enforcement agencies an
advanced training program to meet the needs of working
investigators in specialty assignments, such as arson, auto
theft, homicide, and narcotics. �Penal Code Section
13519.9(a).]
26)Requires POST to establish training standards and develop a
course of instruction that includes the criteria for the
curriculum content recommended by the Emergency Response
Training Advisory Committee involving the responsibilities of
first responders to terrorism incidents. �Penal Code Section
13519.12(a).]
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27)Requires POST to implement a course or courses of instruction
for the training of law enforcement officers in California in
the handling of human trafficking complaints and also shall
develop guidelines for law enforcement response to human
trafficking. �Penal Code Section 13519.14(a).]
28)Requires POST to prepare guidelines establishing standard
procedures which may be followed by law enforcement agencies
in the investigation and reporting of cases involving
anti-reproductive-rights crimes. (Penal Code Section
13519.15.)
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
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
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Training Specifications;
.] 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; .] 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.
(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
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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
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
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American Legion- Department of California
AMVETS-Department of California (Sponsor)
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