BILL NUMBER: AB 2285	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 24, 2012

   An act to add Section 13510.3 to the Penal Code, relating to peace
officer training.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2285, as amended, Eng. Peace officer testing: cheating.
   Existing law requires the Commission on Peace Officer Standards
and Training to establish a certification program for peace officers
and for the California Highway Patrol and to establish minimum
standards relating to physical, mental, and moral fitness for peace
officers, as specified.
   This bill would make a  person   peace
officer recruit  who knowingly cheats, assists in cheating, or
aids, abets, or knowingly conceals  any  efforts by
others to cheat in any manner on a  test   basic
course examination  mandated by the commission  guilty
of a misdemeanor, punishable by   liable for  a
fine of not more than $5,000 per occurrence  or imprisonment
in the county jail not to exceed one year, or by both that fine and
imprisonment  . Additionally, the bill would require the
 person   peace officer recruit  to
reimburse the commission for the cost of reconstructing and securing
tests that have been compromised by the act of cheating  , 
in an amount determined by the commission, but not to exceed $25,000.
The bill would disqualify a  person convicted of 
 peace officer recruit who   is found liable for 
cheating from future eligibility as a peace officer and would require
the commission to note that disqualification in the person's
training record.  By creating a new crime, 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 no reimbursement is required by this
act for a specified reason.  
   This bill would express the Legislature's findings and
declarations relating to the Peace Officer Standards and Training
examination process. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares that
the Peace Officer Standards and Training (POST) examination process
must be secure and beyond reproach, and that the conduct of students,
instructors, examiners, examinees, and staff before, during, or
after POST examinations must be in conformance with the highest
standards of conduct expected of a California peace officer. The
Legislature therefore finds that a peace officer recruit should be
liable for cheating before, during, or after any POST-mandated basic
course examination. 
   SECTION 1.   SEC. 2.   Section 13510.3
is added to the Penal Code, to read:
   13510.3.  (a) A  person   peace officer
recruit  who  , based on the commission's investigative
findings,  knowingly cheats, assists in cheating, or aids,
abets, or knowingly conceals  any  efforts by others
to cheat in any manner on  any test   a basic
course examination  mandated by the commission shall be 
guilty of a misdemeanor, punishable by   liable for
 a  civil  fine of not more than five thousand dollars
($5,000) per occurrence  or imprisonment in the county jail
not to exceed one year, or by both that fine and imprisonment
 .
   (b) In addition to the fine described in subdivision (a), a
 person convicted under this section   peace
officer recruit  shall reimburse the commission for the cost of
reconstructing and securing tests that have been compromised by the
act of cheating, as determined by the commission, but not to exceed
twenty-five thousand dollars ($25,000).
   (c) A peace officer  candidate convicted pursuant to
  recruit who is found liable under  subdivision
(a) shall be disqualified from future eligibility as a peace officer
in California. When a person is determined to be disqualified under
this subdivision, the commission shall place the following in the
commission's training record for that person: "THIS PERSON IS
INELIGIBLE TO BE A PEACE OFFICER IN CALIFORNIA PURSUANT TO SECTION
13510.3 OF THE PENAL CODE." 
   (d) For purposes of this section, "cheating" means any attempt or
act by a peace officer recruit to gain an unfair advantage or give an
unfair advantage to another peace officer recruit or group of
recruits taking a POST-mandated basic course examination. 

  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.