BILL NUMBER: AB 2571 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Silva
FEBRUARY 24, 2012
An act to amend add Section
830 of 13518.5 to the Penal Code, relating to
peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2571, as amended, Silva. Peace officers.
officers: Maritime Police Officer Standards Training Act of
2012.
Existing law establishes in the Department of Justice the
Commission on Peace Officer Standards and Training. Existing law
requires the commission to adopt, and authorizes the commission to
amend, rules establishing minimum standards relating to physical,
mental, and moral fitness that govern the recruitment of various
peace officers, including city police officers and peace officer
members of a county sheriff's office. Existing law also requires the
commission to carry out various duties related to peace officer
education and training, including, among other duties, establishing a
certificate program for peace officers, making inquiries to ensure
adherence to standards for the recruitment and training of peace
officers, and implementing specified courses of instruction in
procedures applicable in specific circumstances, such as domestic
violence and child abuse or neglect. Existing law authorizes the
commission to adopt those regulations as are necessary to carry out
the purposes of these provisions relating to peace officer standards
and training.
This bill would enact the Maritime Police Officer Standards
Training Act of 2012. The bill would require, as a condition of
receiving state aid related to peace officer training, every peace
officer who is assigned to a jurisdiction that includes waterborne
environments to complete a Peace Officer Standards and Training
course in basic maritime law for law enforcement officers. The bill
would require the course of instruction to include, among other
things, boat handling, navigation rules, and comprehensive training
regarding maritime boardings, arrest procedures, and counterterrorism
practices and procedures. The bill would require that the curriculum
be consistent with federal doctrine and current tactical training.
The bill would require the commission to develop and implement a
course or course of instruction for the training of law enforcement
officers in basic maritime law for law enforcement officers
consistent with these requirements, and to develop and adopt any
regulations necessary to carry out these provisions. The bill would
also require the commission to identify those jurisdictions in which
these provisions would apply.
The bill would provide that these provisions would become
operative only when sufficient funding is made available, as
specified.
Existing law provides that certain persons are peace officers,
such as deputy sheriffs and members of the Department of the
California Highway Patrol, and no persons other than those designated
by those provisions are peace officers.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the Maritime Police Officer Standards Training Act of 2012.
SEC. 2. The Legislature finds and declares all of
the following:
(a) There is a need for legislation requiring that peace officers
in this state who serve in jurisdictions that include marine ports,
navigable lakes, and rivers be certified by the Commission on Peace
Officer Standards and Training (POST), based on completion of a basic
maritime law enforcement officer's course of instruction.
(b) Local, state, and federal law enforcement agencies maintain
joint responsibility and authority within marine ports and
territorial and inland waters. Law enforcement officers who serve in
jurisdictions that include waterborne environments, such as ports,
navigable waters, dockside environments, or recreational areas
located near or on navigable waterways, have a unique set of
responsibilities. These officers perform tasks that are specific and
particular to the these environments, and they are called upon to
ensure safety and security in light of the unique set of maritime
laws and regulations.
(c) As a result of post-9/11 homeland security and port security
missions, maritime training has not only evolved but become a
necessity among law enforcement agencies whose jurisdictions include
maritime areas. As agencies such as the Coast Guard, sheriff's
departments, and police departments enhance their maritime presence,
adequacy and consistency of training is critical. Cases where
multiagency operations are taking place or where agencies are
assisting each other during routine operations are of particular
interest. This concern was highlighted in the 2010 Coast Guard
Authorization Bill. Unlike other requirements in the POST system,
there are no statewide standards for tactical training for state and
local maritime officers.
(d) A POST-certified curriculum consistent with federal doctrine
and current tactical training would benefit the growing number of law
enforcement agencies that have created specialized maritime units,
and achieve consistent adherence to the Department of Homeland
Security's strategy for maritime security to combat terrorism. Course
curriculum would provide basic instruction for crewmembers on law
enforcement and public safety vessels operated by local authorities.
Boat handling, chart reading, and navigation rules are a necessity to
personnel. Additionally, students would receive comprehensive
training on maritime boardings, arrest procedures, vessel
identification, searches, and counterterrorism practices and
procedures.
(e) Therefore, in order to ensure that maritime law enforcement is
conducted safely, effectively, and consistently through the state,
this type of training should be required by state law and implemented
by the Commission on Police Officer Standards and Training.
SEC. 3. Section 13518.5 is added to the
Penal Code , to read:
13518.5. (a) Every peace officer in California who is assigned to
a jurisdiction that includes a waterborne environment shall, as a
condition of receiving state aid pursuant to this chapter, complete a
Peace Officer Standards and Training (POST) course in basic maritime
law for law enforcement officers. The course of instruction shall
include boat handling, chart reading, navigation rules, and
comprehensive training regarding maritime boardings, arrest
procedures, vessel identification, searches, and counterterrorism
practices and procedures. The curriculum shall be consistent with
federal doctrine and current tactical training.
(b) The commission shall develop and implement a course or course
of instruction, for the training of law enforcement officers in this
state, in basic maritime law for law enforcement officers consistent
with the requirements of subdivision (a), and shall develop and adopt
any regulations as are necessary to carry out the provisions of this
section. The commission shall also identify those jurisdictions in
which subdivision (a) applies.
(c) For purposes of this section, a "waterborne environment"
includes, but is not limited to, any jurisdiction that includes a
port, a navigable lake or river, or inland waters.
SEC. 4. This act shall become operative only when
sufficient funding for the provisions of the act is made available
for these purposes. Funding sources may include, but are not limited
to, federal, state, or local sources, or appropriation by the
Legislature.
SECTION 1. Section 830 of the Penal Code is
amended to read:
830. Any person who comes within the provisions of this chapter
and who otherwise meets all standards imposed by law on a peace
officer is a peace officer, and notwithstanding any other provision
of law, a person other than those designated in this chapter is not a
peace officer. The restriction of peace officer functions of any
public officer or employee shall not affect his or her status for
purposes of retirement.