BILL ANALYSIS Ó
AB 1168
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1168 (Salas)
As Amended June 16, 2015
Majority vote
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|ASSEMBLY: |77-0 |(April 30, |SENATE: |39-0 |(July 6, 2015) |
| | |2015) | | | |
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Original Committee Reference: PUB. S.
SUMMARY: Specifies that custodial peace officers, who have
completed full basic peace officer academy training, do not have
to complete re-examination if they have been continuously
employed as a custodial peace officer for a period not exceeding
five years.
The Senate amendments:
1)Add a sunset date for the provisions of this bill of January
1, 2019.
2)Specify that the peace officer must maintain specified skills
during the up to five year period that they are employed as a
custodial officer in order to not complete re-examination, as
specified.
AB 1168
Page 2
EXISTING LAW:
1)Provides that every peace officer shall satisfactorily
complete an introductory training course prescribed by the
Commission on Peace Officer Standards and Training (POST). On
or after July 1, 1989, satisfactory completion of the course
shall be demonstrated by passage of an appropriate examination
developed or approved by the commission. Training in the
carrying and use of firearms shall not be required of a peace
officer whose employing agency prohibits the use of firearms.
2)States that every peace officer, prior to the exercise of the
powers of a peace officer, shall have satisfactorily completed
the training course specified
3)Specifies that persons described in this chapter as peace
officers who have not satisfactorily completed specified
courses shall not have the powers of a peace officer until
they satisfactorily complete the course.
4)Exempts a peace officer who, on March 4, 1972, possesses or is
qualified to possess the basic certificate as awarded by the
Commission on POST.
5)Provides that a person completing the basic peace officer
training who does not become employed as a peace officer
within three years from the date of passing the examination,
or who has a three-year or longer break in service as a peace
officer, shall pass the examination prior to the exercise of
the powers of a peace officer, except for the following
specified individuals:
a) A peace officer is returning to a management position
that is at the second level of supervision or higher.
AB 1168
Page 3
b) A peace officer has successfully re-qualified for a
basic course through the Commission on POST.
c) A peace officer has maintained proficiency through
teaching the basic peace officer training course.
d) A peace officer, during the break in California service,
was continuously employed as a peace officer in another
state or at the federal level.
e) A peace officer, who has previously met the requirements
of basic training, has been appointed as a specified
custodial peace officer, and has been continuously employed
as a custodial officer by the agency making the peace
officer appointment since completing the basic peace
officer training.
AS PASSED BY THE ASSEMBLY, this bill specified that custodial
peace officers, who have completed full basic peace officer
academy training, do not have to complete re-examination if they
have been continuously employed as a custodial peace officer for
a period not exceeding five years.
FISCAL EFFECT: Unknown. This bill has been keyed non-fiscal by
the Legislative Counsel.
COMMENTS: According to the author, "Prior to becoming employed
as a peace officer in California, applicants are required to
complete a basic training course and pass an examination. If a
person does not become employed as a peace officer within 3
years of passing the examination, or has a break in service of 3
years or longer, they must repeat their training and retake the
examination.
"Many peace officers begin their public safety service with
AB 1168
Page 4
custodial or detention assignments, performing duties like
working in courtrooms, transporting inmates, conducting criminal
investigations, testifying in court, attending training courses,
and preparing reports. While considered peace officers under
California law, custodial and detention deputy positions have
limited peace officer powers.
"Custodial and detention deputies often aim to transfer to
patrol assignments with full peace officer powers. Even though
they are employed, if these deputies do not find patrol
positions within 3 years they must repeat their training and
examination. Openings for patrol positions are rare,
particularly in rural regions of the state, often making the
three-year requalification an impediment to career advancement.
"Assembly Bill 1168 would, until January 2019, extend the
validity of the basic training courses and examinations for a
custodial or detention deputy who has been continuously employed
as a peace officer for five years."
Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0001082