BILL ANALYSIS �
AB 2571
Page 1
Date of Hearing: April 24, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2571 (Silva) - As Amended: March 29, 2012
SUMMARY : Requires every peace officer who is assigned to a
jurisdiction that includes waterborne environments to complete a
Peace Officer Standards and Training (POST) course in basic
maritime law for law enforcement officers, as a condition of
receiving specified state aid. Specifically, this bill :
1)States that there is a need for legislation requiring that
peace officers in California who serve in jurisdictions that
include marine ports, navigable lakes, and rivers to be
certified by POST, based on completion of a basic maritime law
enforcement officer's course of instruction.
2)States that 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 these environments, and they are called upon to ensure
safety and security in light of the unique set of maritime
laws and regulations.
3)States that 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.
4)States that unlike other requirements in the POST system,
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there are no statewide standards for tactical training for
state and local maritime officers.
5)States that 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.
6)States that 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.
7)Requires the course of instruction 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.
8)Requires POST develop and implement a course or course of
instruction, for the training of law enforcement officers in
California, in basic maritime law for law enforcement officers
consistent with the above requirements and develop and adopt
any regulations as are necessary to carry out the provisions
of this section.
9)Specifies that POST will identify those jurisdictions in which
the training requirement applies.
10)States that "waterborne environment" includes, but is not
limited to, any jurisdiction that includes a port, a navigable
lake or river, or inland waters.
11)Specifies that these provisions will become operative only
AB 2571
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when funding for these provisions is made available, and
specifies that funding sources may include, but are not
limited to, federal, state, or local sources, or appropriation
by the Legislature.
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)Establishes the Commission on Peace Officer Training and
Standards. (Penal Code Section 13500.)
3)Empowers POST to develop and implement programs to increase
the effectiveness of law enforcement. (Penal Code Section
13503.)
4)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).]
5)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).]
6)Requires POST to prepare a course of instruction for the
training of peace officers in the use of tear gas. (Penal
Code Section 13514.)
7)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 manage Special Weapons and Tactics
(SWAT) operations. �Penal Code Section 13514.1(a).]
8)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
AB 2571
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followed by police agencies in responding to acts of civil
disobedience. �Penal Code Section 13514.5(a).]
9)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).]
10)Requires POST establish and update a continuing education
classroom training course related to law enforcement
interaction with mentally disabled persons. �Penal Code
Section 13515.25(a).]
11)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).]
12)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.)
13)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) -
(b).]
14)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).]
15)Requires POST to prepare guidelines establishing standard
procedures which may be followed by police agencies and
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prosecutors in interviewing minor witnesses. (Penal Code
Section 13517.5.)
16)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).]
17)Requires POST to implement a course or courses of instruction
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).]
18)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).]
19)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 Sexual Assault
Felony Enforcement (SAFE) Task Force Regional Teams, and other
entities that can assist in the search for a missing person.
�Penal Code Section 13519.07(e).]
20)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).]
21)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).]
22)Requires POST to establish a course on the nature of sudden
infant death syndrome and the handling of cases involving the
AB 2571
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sudden deaths of infants. �Penal Code Section 13519.3(a).]
23)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).]
24)Requires POST to implement a course or courses of instruction
to provide ongoing training to the appropriate peace officers
on methods of gang and drug law enforcement. (Penal Code
Section 13519.5.)
25)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).]
26)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).]
27)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).]
28)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).]
29)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
AB 2571
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theft, homicide, and narcotics. �Penal Code Section
13519.9(a).]
30)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).]
31)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).]
32)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, "California must
set in motion the necessary statutes, regulations and
curriculum to provide the level of training and standards for
safe effective waterborne law enforcement across the state."
2)Argument in Support : According to the California Association
of Port Authorities (CAPA) , "As a result of post 9/11 homeland
secure and port security missions, maritime training has not
only evolved but become a necessity among law enforcement
agencies whose jurisdictions may include a maritime area. As
agencies such as the Coast Guard, sheriff's departments, and
police departments have enhanced their maritime presence,
concerns had arisen over the adequacy and consistency of
training. Cases where multi-agency operations were taking
place or where agencies were assisting each other during
routine operations were of particular interest. Unlike other
requirements in the Police Officer Standards and Training
(POST) system, there are no statewide standards for tactical
training for state and local maritime officers.
AB 2571
Page 8
"A POST Certified curriculum consistent with federal doctrine
and current tactical training would benefit a growing number
of law enforcement agencies that have created specialized
maritime units. 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, training on maritime boardings,
arrest procedures, vessel identifications, searches, and
counter-terrorism practices and procedures are critical to
waterborne policing. This training would also achieve
consistent adherence to the Department of Homeland Security's
strategy for maritime security to combat terrorism."
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Port Authorities
Opposition
California District Attorneys Association
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744