Bill Text: CA SB368 | 2019-2020 | Regular Session | Introduced

California Senate Bill 368 (Prior Session Legislation)

Introduced

Bill Title: Public Safety Officers Procedural Bill of Rights Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB368 Detail]

Download: California-2019-SB368-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 368

Introduced by Senator Archuleta

February 20, 2019

An act to amend Section 3301 of the Government Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 368, as introduced, Archuleta. Public Safety Officers Procedural Bill of Rights Act.

(1) Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants a variety of employment rights and protections to public safety officers, with respect to investigations, interrogations, and disciplinary procedures. Existing law defines public safety officers with reference to statutory provisions describing specified types of officers. A public safety department may be held liable for violations of the act.

This bill would include correctional officers who are employed by a city or county in facilities housing certain inmates, including, among others, parole violators and wards in the jurisdiction of the Department of Corrections and Rehabilitation, within the definition of public safety officers for purposes of the act. By imposing new duties on local agencies, the bill would create a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 3301 of the Government Code is amended to read:

3301.

For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, ~~and 830.5~~ 830.5, and 830.55 of the Penal Code.

The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.