Bill Text: CA AB2642 | 2011-2012 | Regular Session | Amended
Bill Title: Peace officers: training.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2642 Detail]
Download: California-2011-AB2642-Amended.html
BILL NUMBER: AB 2642 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Furutani
FEBRUARY 24, 2012
An act to amend Section 13510.1 13514.5
of the Penal Code, relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2642, as amended, Furutani. Peace officers:
certification. training.
Existing law establishes in the Department of Justice a Commission
on Peace Officer Standards and Training. Existing law requires the
commission to adopt and, from time to time, amend rules establishing
minimum standards relating to physical, mental, and moral fitness
that must govern the recruitment of peace officers, as specified.
Pursuant to this authority, existing law requires the commission to
establish a certificate program for peace officers and for
the California Highway Patrol. Existing law authorizes persons who
are determined by the commission to be eligible peace officers to
apply for the certificates, provided they are employed by an agency
that participates in the Peace Officer Standards and Training (POST)
program. 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 followed by
police agencies in responding to acts of civil disobedience. Existing
law requires that this course include adequate consideration of
reasonable use of force, dispute resolution, nature and extent of
civil disobedience, media relations, public and officer safety,
documentation, report writing, evidence collection, and crowd
control.
This bill would make technical, nonsubstantive changes to
the provision authorizing persons who are determined by the
commission to be eligible peace officers to apply for the
certificates require that the course of training for
law enforcement off icers also include adequate
consideration of cultural competency in regard to race, ethnicity,
gender, and sexual orientation .
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. Section 13514.5 of the
Penal Code is amended to read:
13514.5. (a) The commission shall implement on or before
July 1, 1999, 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 followed by police
agencies in responding to acts of civil disobedience.
(b) The course of training for law enforcement officers shall
include adequate consideration of all of the following subjects:
(1) Reasonable use of force.
(2) Dispute resolution.
(3) Nature and extent of civil disobedience, whether it be passive
or active resistance.
(4) Media relations.
(5) Public and officer safety.
(6) Documentation, report writing, and evidence collection.
(7) Crowd control.
(8) Cultural competency in regard to race, ethnicity, gender, and
sexual orientation.
(c) (1) All law enforcement officers who have received their basic
training before July 1, 1999, may participate in supplementary
training on responding to acts of civil disobedience, as prescribed
and certified by the commission.
(2) Law enforcement agencies are encouraged to include, as part of
their advanced officer training program, periodic updates and
training on responding to acts of civil disobedience. The commission
shall assist these agencies where possible.
(d) (1) The course of instruction, the learning and performance
objectives, the standards for the training and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having expertise in responding to acts of
civil disobedience. The groups and individuals shall include, but not
be limited to, law enforcement agencies, police academy instructors,
subject matter experts and members of the public. Different regional
interests such as rural, suburban, and urban interests may be
represented by the participating parties.
(2) The commission, in consultation with the groups and
individuals described in paragraph (1), shall review existing
training programs to determine in what ways civil disobedience
training may be included as part of ongoing programs.
(e) As used in this section, "law enforcement officer" means any
peace officer as defined in Chapter 4.5 (commencing with Section 830)
of Title 3.
(f) It is the intent of the Legislature in enacting this section
to provide law enforcement officers with additional training so as to
control acts of civil disobedience with reasonable use of force and
to ensure public and officer safety with minimum disruption to
commerce and community affairs.
(g) It is also the intent of the Legislature in enacting this
section that the guidelines to be developed by the commission should
take into consideration the roles and responsibilities of all law
enforcement officers responding to acts of civil disobedience.
SECTION 1. Section 13510.1 of the Penal Code is
amended to read:
13510.1. (a) The commission shall establish a certification
program for peace officers specified in Sections 13510 and 13522 and
for the California Highway Patrol. Certificates of the commission
established pursuant to this section shall be considered professional
certificates.
(b) Basic, intermediate, advanced, supervisory, management, and
executive certificates shall be established for the purpose of
fostering professionalization, education, and experience necessary to
adequately accomplish the general police service duties performed by
peace officer members of city police departments, county sheriffs'
departments, districts, university and state university and college
departments, or by the California Highway Patrol.
(c) (1) Certificates shall be awarded on the basis of a
combination of training, education, experience, and other
prerequisites, as determined by the commission.
(2) In determining whether an applicant for certification has the
requisite education, the commission shall recognize as acceptable
college education only the following:
(A) Education provided by a community college, college, or
university which has been accredited by the department of education
of the state in which the community college, college, or university
is located or by a recognized national or regional accrediting body.
(B) Until January 1, 1998, educational courses or degrees provided
by a nonaccredited but state-approved college that offers programs
exclusively in criminal justice.
(d) Persons who are determined by the commission to be eligible
peace officers may apply for the certificates, provided they are
employed by an agency that participates in the Peace Officer
Standards and Training (POST) program.
(e) The commission shall have the authority to cancel any
certificate that has been obtained through misrepresentation or fraud
or that was issued as the result of an administrative error on the
part of the commission or the employing agency.
