AB 1168, as introduced, Salas. Peace officers: basic training requirements.
Existing law requires peace officers to complete an introductory training course prescribed by the Commission on Peace Officer Standards and Training and to pass an examination developed by the commission. Existing law generally requires a person who does not become employed as a peace officer within 3 years of passing the examination, or who has a 3-year or longer break in service, to pass the examination before exercising the powers of a peace officer.
Under existing law, in certain counties, any deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her employment and for the purpose of carrying out the primary functions of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency.
This bill would, until January 1, 2019, exempt a custodial peace officer within the class specified above who is appointed as a peace officer performing police functions from the requirement to retake the examination if he or she has been continuously employed as a custodial peace officer of that class for a period not exceeding 5 years by the agency making the appointment.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 832 of the Penal Code is amended to
2read:
(a) Every person described in this chapter as a peace
4officer shall satisfactorily complete an introductory training course
5prescribed by the Commission on Peace Officer Standards and
6Training. On or after July 1, 1989, satisfactory completion of the
7course shall be demonstrated by passage of an appropriate
8examination developed or approved by the commission. Training
9in the carrying and use of firearms shall not be required of a peace
10officer whose employing agency prohibits the use of firearms.
11(b) (1) Every peace officer described in this chapter, prior to
12the exercise of the powers of a peace officer, shall have
13satisfactorily completed the training course described in subdivision
14(a).
15(2) Every peace officer described in Section 13510 or in
16subdivision (a) of Section 830.2 may satisfactorily complete the
17training required by this section as part of the training prescribed
18pursuant to Section 13510.
19(c) Persons described in this chapter as peace officers who have
20not satisfactorily completed the course described in subdivision
21(a), as specified in subdivision (b), shall not have the powers of a
22peace officer until they satisfactorily complete the course.
23(d) A peace officer who, on March 4, 1972, possesses or is
24qualified to possess the basic certificate as awarded by the
25Commission on Peace Officer Standards and Training is exempted
26from this section.
27(e) (1) A person completing the training described in
28subdivision
(a) who does not become employed as a peace officer
29within three years from the date of passing the examination
30described in subdivision (a), or who has a three-year or longer
31break in service as a peace officer, shall pass the examination
P3 1described in subdivision (a) prior to the exercise of the powers of
2a peace officer, except for a person described in paragraph (2).
3(2) The requirement in paragraph (1) does not apply to a person
4who meets any of the following requirements:
5(A) Is returning to a management position that is at the second
6level of supervision or higher.
7(B) Has successfully requalified for a basic course through the
8Commission on Peace Officer Standards and Training.
9(C) Has maintained proficiency through teaching the course
10described
in subdivision (a).
11(D) During the break in California service, was continuously
12employed as a peace officer in another state or at the federal level.
13(E) Has previously met the requirements of subdivision (a), has
14been appointed as a peace officer under subdivision (c) of Section
15830.1, and has been continuously employed as a custodial officer
16as defined in Section 831 or 831.5 by the agency making the peace
17officer appointment since completing the training prescribed in
18subdivision (a).
19(F) Has previously met the requirements of subdivision (a), is
20being appointed as a peace officer under subdivision (a) of Section
21830.1, and has been continuously employed as a peace officer as
22defined in subdivision (c) of Section 830.1 for a period
not
23exceeding five years by the agency making the peace officer
24appointment since completing the training prescribed in
25subdivision (a).
26(f) The commission may charge appropriate fees for the
27examination required by subdivision (e), not to exceed actual costs.
28(g) Notwithstanding any other law, the commission may charge
29appropriate fees for the examination required by subdivision (a)
30to each applicant who is not sponsored by a local or other law
31enforcement agency, or is not a peace officer employed by, or
32under consideration for employment by, a state or local agency,
33department, or district, or is not a custodial officer as defined in
34Sections 831 and 831.5. The fees shall not exceed actual costs.
35(h) A probation department that is a certified provider of the
36training course described in
this section shall not be required to
37offer the course to the general public.
38(i) This section shall remain in effect only until January 1, 2019,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2019, deletes or extends that date.
Section 832 is added to the Penal Code, to read:
(a) Every person described in this chapter as a peace
3officer shall satisfactorily complete an introductory training course
4prescribed by the Commission on Peace Officer Standards and
5Training. On or after July 1, 1989, satisfactory completion of the
6course shall be demonstrated by passage of an appropriate
7examination developed or approved by the commission. Training
8in the carrying and use of firearms shall not be required of a peace
9officer whose employing agency prohibits the use of firearms.
10(b) (1) Every peace officer described in this chapter, prior to
11the exercise of the powers of a peace officer, shall have
12satisfactorily completed the training course
described in subdivision
13(a).
14(2) Every peace officer described in Section 13510 or in
15subdivision (a) of Section 830.2 may satisfactorily complete the
16training required by this section as part of the training prescribed
17pursuant to Section 13510.
18(c) Persons described in this chapter as peace officers who have
19not satisfactorily completed the course described in subdivision
20(a), as specified in subdivision (b), shall not have the powers of a
21peace officer until they satisfactorily complete the course.
22(d) A peace officer who, on March 4, 1972, possesses or is
23qualified to possess the basic certificate as awarded by the
24Commission on
Peace Officer Standards and Training is exempted
25from this section.
26(e) (1) A person completing the training described in
27subdivision (a) who does not become employed as a peace officer
28within three years from the date of passing the examination
29described in subdivision (a), or who has a three-year or longer
30break in service as a peace officer, shall pass the examination
31described in subdivision (a) prior to the exercise of the powers of
32a peace officer, except for a person described in paragraph (2).
33(2) The requirement in paragraph (1) does not apply to a person
34who meets any of the following requirements:
35(A) Is
returning to a management position that is at the second
36level of supervision or higher.
37(B) Has successfully requalified for a basic course through the
38Commission on Peace Officer Standards and Training.
39(C) Has maintained proficiency through teaching the course
40described in subdivision (a).
P5 1(D) During the break in California service, was continuously
2employed as a peace officer in another state or at the federal level.
3(E) Has previously met the requirements of subdivision (a), has
4been appointed as a peace
officer under subdivision (c) of Section
5830.1, and has been continuously employed as a custodial officer
6as defined in Section 831 or 831.5 by the agency making the peace
7officer appointment since completing the training prescribed in
8subdivision (a).
9(f) The commission may charge appropriate fees for the
10examination required by subdivision (e), not to exceed actual costs.
11(g) Notwithstanding any other law, the commission may charge
12appropriate fees for the examination required by subdivision (a)
13to each applicant who is not sponsored by a local or other law
14enforcement agency, or is not a peace officer employed by, or
15under consideration for employment by, a state or local agency,
16department, or district, or is not a custodial officer as defined in
17Sections
831 and 831.5. The fees shall not exceed actual costs.
18(h) A probation department that is a certified provider of the
19training course described in this section shall not be required to
20offer the course to the general public.
21(i) This section shall become operative January 1, 2019.
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