BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2285|
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THIRD READING
Bill No: AB 2285
Author: Eng (D)
Amended: 5/23/12 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/3/12
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
ASSEMBLY FLOOR : 74-0, 5/30/12 (Consent) - See last page
for vote
SUBJECT : Peace officer testing: cheating
SOURCE : Commission on Peace Officer Standards and
Training
DIGEST : This bill (1) provides that a peace officer
trainee, as defined, who, based on investigative findings
of the Commission on Peace Officer Standards and Training,
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 $1,000
per occurrence; and (2) defines "cheating" as any attempt
or act by a peace officer trainee to gain an unfair
advantage or give an unfair advantage to another peace
officer trainee or group of trainees taking a POST-mandated
basic course examination.
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ANALYSIS : Existing law establishes the Commission on
Peace Officer Training and Standards (POST). (Penal Code
Section 13500.)
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).)
Existing law empowers POST to develop and implement
programs to increase the effectiveness of law enforcement.
(Penal Code Section 13503.)
Existing law authorizes POST, for the purpose of raising
the level of competence of local law enforcement officers,
to adopt rules establishing minimum standards related to
physical, mental and moral fitness and training that shall
govern the recruitment of any peace officers in California.
(Penal Code Section 13510(a).)
Existing law requires POST to conduct research concerning
job-related educational standards and job-related selection
standards to include vision, hearing, physical ability, and
emotional stability and adopt standards supported by this
research. (Penal Code Section 13510(b).)
Existing law requires POST to establish a certification
program for peace officers, which shall be considered
professional certificates. (Penal Code Section
13510.1(a).)
Existing law states that any person who knowingly commits
any of the following acts is guilty of a misdemeanor, and
for each offense is punishable by a fine of not more than
$1,000 or imprisonment in the county jail not to exceed one
year, or by both a fine and imprisonment (Penal Code
Section 13510.2):
Presents or attempts to present as the person's own the
certificate of another;
Knowingly permits another to use his or her certificate;
Knowingly give false evidence of any material kind to
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POST, or any member thereof, including the staff, in
obtaining the certificate; or,
Uses, or attempts to use, a canceled certificate.
Existing law states that any person holding a POST
certificate, as specified, is determined to be disqualified
from holding office or being employed as a peace officer,
as specified, POST shall cause the following to be entered
in the commission's training record for that person: "THIS
PERSON IS INELIGIBLE TO BE A PEACE OFFICER IN CALIFORNIA
PURSUANT TO GOVERNMENT CODE SECTION 1029(a)." (Penal Code
Section 13510.3(a).)
This bill provides that a peace officer trainee who, based
on POST'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 POST shall be liable for a civil
fine of not more than $1,000 per occurrence.
This bill defines "cheating" as any attempt or act by a
peace officer trainee to gain an unfair advantage or give
an unfair advantage to another peace officer trainee or
group of trainees taking a POST-mandated basic course
examination.
This bill defines "peace officer trainee" as 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/6/12)
Commission on Peace Officer Standards and Training (source)
ARGUMENTS IN SUPPORT : According to the author:
AB 2285 creates a zero-tolerance for the breach of
examinations administered within POST-certified basic
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course academies. This legislation will deter test
compromise, hold culpable parties accountable, and
enable reimbursement for actual damages suffered by
POST. Specifically, AB 2285 would make a person who
knowingly cheats, assists in cheating, or aids, abets,
or knowingly conceals any effort by others to cheat in
any manner on a test mandate by POST punishable by a
fine of not more than $1,000 per occurrence.
ASSEMBLY FLOOR : 74-0, 5/30/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Dickinson,
Donnelly, Eng, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman,
Hall, Harkey, Hayashi, Roger Hern�ndez, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Olsen, Pan, Perea,
V. Manuel P�rez, Portantino, Silva, Skinner, Smyth,
Solorio, Swanson, Torres, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Davis, Feuer, Fletcher, Fong, Norby,
Valadao
RJG:n 7/6/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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