BILL NUMBER: AB 2285	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 24, 2012

   An act to add Section  13510.3   13510.4
 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 peace officer  recruit 
 trainee, as defined,  who knowingly cheats, assists in
cheating, or aids, abets, or knowingly conceals efforts by others to
cheat in any manner on a basic course examination mandated by the
commission liable for a fine of not more than $5,000 per occurrence.
Additionally, the bill would require the peace officer 
recruit   trainee  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
peace officer  recruit   trainee  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.
   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: 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  
trainee  should be liable for cheating before, during, or after
any POST-mandated basic course examination.
  SEC. 2.  Section  13510.3   13510.4  is
added to the Penal Code, to read:
    13510.3.   13510.4.   (a) A peace
officer  recruit   trainee  who, based on
the commission's investigative findings, knowingly cheats, assists in
cheating, or aids, abets, or knowingly conceals efforts by others to
cheat in any manner on a basic course examination mandated by the
commission shall be liable for a civil fine of not more than five
thousand dollars ($5,000) per occurrence.
   (b) In addition to the fine described in subdivision (a), a peace
officer  recruit   trainee  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  recruit   trainee 
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   trainee 
to gain an unfair advantage or give an unfair advantage to another
peace officer  recruit   trainee  or group
of  recruits   trainees  taking a
POST-mandated basic course examination. 
   (e) For purposes of this section, "peace officer trainee" means an
applicant for a basic course examination who has not been hired by a
department or agency and who has not been sworn as a peace officer.