Bills

AB 17: Peace officers: disqualification from employment.

Session Year: 2021-2022
House: Assembly
Latest Version Date: 2021-01-12

Version:

(1)Existing law defines persons who are peace officers and the entities authorized to appoint them. Existing law prescribes certain minimum standards for a person to be appointed as a peace officer, including moral character and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction.

This bill would disqualify a person from being a peace officer if the person has been discharged from the military for committing an offense that would have been a felony if committed in California or if the person has been certified as a peace officer and has had that certification revoked by the Commission on Peace Officer Standards and Training.

(2)Existing law makes the personnel records of peace officers and custodial officers and specified other records confidential and limits the disclosure of those records except in investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorneys office, or the Attorney Generals office.

This bill would include in the above exception investigations and proceedings by the commission.

(3)Existing law establishes the Commission on Peace Officer Standards and Training to set minimum standards for the recruitment and training of peace officers and to develop training courses and curriculum. Existing law authorizes the commission to establish a professional certificate program and authorizes the commission to cancel a certificate that was awarded in error or obtained through misrepresentation or fraud, but otherwise prohibits the commission from canceling a certificate that has properly been issued.

This bill would grant the commission the authority to investigate and determine the fitness of a person to serve as a peace officer in the state and to audit any law enforcement agency that employs peace officers without cause and at any time. The bill would authorize the commission to suspend, revoke, or cancel a certificate issued to a peace officer because the person is ineligible to be a peace officer or because the person has been subject to a sustained termination for serious misconduct, as defined, on or after January 1, 2022. The bill would make each law enforcement agency responsible for investigation, findings, and actions by the agency on allegations of serious misconduct and would give the commission access to the agency files. The bill would require the commission to be notified of and to review a peace officers file after 3 allegations of serious misconduct within 5 years.

The bill would establish the Peace Officer Standards Accountability Advisory Board, as specified, to make recommendations on the decertification of peace officers to the commission.

The bill would require every law enforcement agency to notify the commission when a peace officer employed by that agency separates from employment. When a peace officer resigns or retires with a pending complaint, charge, or investigation of serious misconduct, the bill would require the law enforcement agency to complete the investigation into the serious misconduct within 90 days and report to the commission whether the complaint of serious misconduct was sustained, not sustained, unfounded, frivolous, or exonerated. The bill would require the commission to refer the files of peace officers whose termination for serious misconduct was sustained to the board to make a recommendation regarding the status of the officers certificate and would require the commission to accept that recommendation or set forth the analysis and reasons for reaching a different result in writing.

(4)By increasing the duties of local law enforcement agencies, this bill would impose a state-mandated local program.

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.

Existing law disqualifies certain persons from holding office or being employed as a peace officer, including any person who has been convicted of a felony.This bill would state the intent of the Legislature to amend this provision governing the disqualification of certain persons from holding office or being employed as a peace officer.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 1029 of the Government Code is amended to read:1029.

(a)Except as provided in subdivision (b), (c), or (d), or (e), each of the following persons is disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and county or other political subdivision, whether with or without compensation, and is disqualified from any office or employment by the state, county, city, city and county or other political subdivision, whether with or without compensation, which that confers upon the holder or employee the powers and duties of a peace officer:

(1)Any A person who has been convicted of a felony.

(2)Any A person who has been convicted of any an offense in any other jurisdiction which that would have been a felony if committed in this state.

(3)A person who has been discharged from the military for committing an offense, as adjudicated by a military tribunal, that would have been a felony if committed in this state.

(3)Any person

(4)A person who, after January 1, 2004, has been convicted of a crime based upon a verdict or finding of guilt of a felony by the trier of fact, or upon the entry of a plea of guilty or nolo contendere to a felony. This paragraph shall apply applies regardless of whether, pursuant to subdivision (b) of Section 17 of the Penal Code, the court declares the offense to be a misdemeanor or the offense becomes a misdemeanor by operation of law.

(4)Any

(5)A person who has been charged with a felony and adjudged by a superior court to be mentally incompetent under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code.

(5)Any

(6)A person who has been found not guilty by reason of insanity of any a felony.

(6)Any

(7)A person who has been determined to be a mentally disordered sex offender pursuant to Article 1 (commencing with Section 6300) 6331) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.

(7)Any person adjudged addicted or in danger of becoming addicted to narcotics, convicted, and committed to a state institution as provided in Section 3051 of the Welfare and Institutions Code.

(8)A person who has been issued a certification described in Section 13510.1 of the Penal Code and has had that certification revoked by the Commission on Peace Officer Standards and Training.

(b)(1)A plea of guilty to a felony pursuant to a deferred entry of judgment program as set forth in Sections 1000 to 1000.4, inclusive, of the Penal Code shall not alone disqualify a person from being a peace officer unless a judgment of guilty is entered pursuant to Section 1000.3 of the Penal Code.

(2)A person who pleads guilty or nolo contendere to, or who is found guilty by a trier of fact of, an alternate felony-misdemeanor drug possession offense and successfully completes a program of probation pursuant to Section 1210.1 of the Penal Code shall not be disqualified from being a peace officer solely on the basis of the plea or finding if the court deems the offense to be a misdemeanor or reduces the offense to a misdemeanor.

(c)Any A person who has been convicted of a felony, other than a felony punishable by death, in this state or any other state, or who has been convicted of any an offense in any other state which that would have been a felony, other than a felony punishable by death, if committed in this state, and who demonstrates the ability to assist persons in programs of rehabilitation may hold office and be employed as a parole officer of the Department of Corrections and Rehabilitation or the Department of the Youth Authority, Youth and Community Restoration, or as a probation officer in a county probation department, if he or she the person has been granted a full and unconditional pardon for the felony or offense of which he or she was they were convicted. Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation or the Department of the Youth Authority, Youth and Community Restoration, or a county probation department, may refuse to employ that person regardless of his or her qualifications.

(d)Nothing in this section shall be construed to This section does not limit or curtail the power or authority of any board of police commissioners, chief of police, sheriff, mayor, or other appointing authority to appoint, employ, or deputize any a person as a peace officer in time of disaster caused by flood, fire, pestilence or similar public calamity, or to exercise any power conferred by law to summon assistance in making arrests or preventing the commission of any criminal offense.

(e)Nothing in this section shall be construed to This section does not prohibit any person from holding office or being employed as a superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, if department if, at the time of the persons hire hire, a prior conviction of a felony was known to the persons employer, and the class of office for which the person was hired was not declared by law to be a class prohibited to persons convicted of a felony, but as a result of a change in classification, as provided by law, the new classification would prohibit employment of a person convicted of a felony.

SEC. 2.Section 832.7 of the Penal Code is amended to read:832.7.

(a)Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorneys office, or the Attorney Generals office. office, or the Commission on Peace Officer Standards and Training.

(b)(1)Notwithstanding subdivision (a), subdivision (f) of Section 6254 of the Government Code, or any other law, the following peace officer or custodial officer personnel records and records maintained by any state or local agency shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code):

(A)A record relating to the report, investigation, or findings of any of the following:

(i)An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.

(ii)An incident in which the use of force by a peace officer or custodial officer against a person resulted in death, or in death or great bodily injury.

(B)(i)Any A record relating to an incident in which a sustained finding was made by any a law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public.

(ii)As used in this subparagraph, sexual assault means the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority. For purposes of this definition, the propositioning for for, or commission of any of, a sexual act while on duty is considered a sexual assault.

(iii)As used in this subparagraph, member of the public means any a person not employed by the officers employing agency and includes any participant in a cadet, explorer, or other youth program affiliated with the agency.

(C)Any A record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any a sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence.

(2)Records that shall be released pursuant to this subdivision include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officers action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.

(3)A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision.

(4)If an investigation or incident involves multiple officers, information about allegations of misconduct by, or the analysis or disposition of an investigation of, an officer shall not be released pursuant to subparagraph (B) or (C) of paragraph (1), unless it relates to a sustained finding against that officer. However, factual information about that action of an officer during an incident, or the statements of an officer about an incident, shall be released if they are relevant to a sustained finding against another officer that is subject to release pursuant to subparagraph (B) or (C) of paragraph (1).

(5)An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:

(A)To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace and custodial officers.

(B)To preserve the anonymity of complainants and witnesses.

(C)To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about misconduct and serious use of force by peace officers and custodial officers.

(D)Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person.

(6)Notwithstanding paragraph (5), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, when, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.

(7)An agency may withhold a record of an incident described in subparagraph (A) of paragraph (1) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:

(A)(i)During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the use of force occurred or until the district attorney determines whether to file criminal charges related to the use of force, whichever occurs sooner. If an agency delays disclosure pursuant to this clause, the agency shall provide, in writing, the specific basis for the agencys determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.

(ii)After 60 days from the use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an officer who used the force. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agencys determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner.

(iii)After 60 days from the use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against someone other than the officer who used the force. If an agency delays disclosure under this clause, the agency shall, at 180-day intervals, provide, in writing, the specific basis why disclosure could reasonably be expected to interfere with a criminal enforcement proceeding, and shall provide an estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner, unless extraordinary circumstances warrant continued delay due to the ongoing criminal investigation or proceeding. In that case, the agency must shall show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal investigation or proceeding outweighs the public interest in prompt disclosure of records about use of serious force by peace officers and custodial officers. The agency shall release all information subject to disclosure that does not cause substantial prejudice, including any documents that have otherwise become available.

(iv)In an action to compel disclosure brought pursuant to Section 6258 of the Government Code, an agency may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule thereto, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation.

(B)If criminal charges are filed related to the incident in which force was used, the agency may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.

(C)During an administrative investigation into an incident described in subparagraph (A) of paragraph (1), the agency may delay the disclosure of records or information until the investigating agency determines whether the use of force violated a law or agency policy, but no longer than 180 days after the date of the employing agencys discovery of the use of force, or allegation of use of force, by a person authorized to initiate an investigation, or 30 days after the close of any a criminal investigation related to the peace officer or custodial officers use of force, whichever is later.

(8)A record of a civilian complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or if the complaint is unfounded.

(c)Notwithstanding subdivisions (a) and (b), a department or agency shall release to the complaining party a copy of his or her their own statements at the time the complaint is filed.

(d)Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form which does not identify the individuals involved.

(e)Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officers agent or representative, publicly makes a statement he or she that the person knows to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officers employer unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officers personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or his or her the officers agent or representative.

(f)(1)The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.

(2)The notification described in this subdivision shall not be conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States.

(g)This section does not affect the discovery or disclosure of information contained in a peace or custodial officers personnel file pursuant to Section 1043 of the Evidence Code.

(h)This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to subdivision (a), which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.

(i)Nothing in this chapter is intended to This chapter does not limit the publics right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.

SEC. 3.Section 13503 of the Penal Code is amended to read:13503.

In carrying out its duties and responsibilities, the commission shall have all of the following powers:

(a)To meet at those times and places as it may deem proper.

(b)To employ an executive secretary and, pursuant to civil service, those clerical and technical assistants as may be necessary.

(c)To contract with other agencies, public or private, or persons as it deems necessary, for the rendition and affording of those services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities.

(d)To cooperate with and to secure the cooperation of county, city, city and county, and other local law enforcement agencies in investigating any matter within the scope of its duties and responsibilities, and in performing its other functions.

(e)To develop and implement programs to increase the effectiveness of law enforcement and when those programs involve training and education courses to cooperate with and secure the cooperation of state-level officers, agencies, and bodies having jurisdiction over systems of public higher education in continuing the development of college-level training and education programs.

(f)To investigate and determine the fitness of a person to serve as a peace officer in the state of California.

(f)

(g)To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government.

(h)To audit any law enforcement agency that employs peace officers described in subdivision (a) of Section 13510.1, without cause and at any time.

(g)

(i)To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it.

(h)The commission shall not have the authority to adopt or carry out a regulation that authorizes the withdrawal or revocation of a certificate previously issued to a peace officer pursuant to this chapter.(i)Except as specifically provided by law, the commission shall not have the authority to cancel a certificate previously issued to a peace officer pursuant to this chapter.SEC. 4.Section 13506 of the Penal Code is amended to read:13506.

The commission may adopt those regulations as are necessary to carry out the purposes of this chapter. The commission shall not have the authority to adopt or carry out a regulation that authorizes the withdrawal or revocation of a certificate previously issued to a peace officer pursuant to this chapter. Except as specifically provided by law, the commission shall not have the authority to adopt regulations providing for the cancellation of a certificate.

SEC. 5.Section 13509.5 is added to the Penal Code, to read:13509.5.

(a)On or before January 1, 2023, the Governor shall establish the Peace Officer Standards Accountability Advisory Board, hereafter referred to in this chapter as the board.

(b)The purpose of the board shall be to make recommendations to the commission for determination of a peace officers certificate status.

(c)The protection of the public shall be the highest priority for the board as it upholds the standards for peace officers in California. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

(d)The board shall consist of eleven members, as follows:

(1)Two members shall be peace officers or former peace officers with substantial experience as the head of an agency or at the executive level, appointed by the Governor.

(2)Two members shall be peace officers or former peace officers with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers, appointed by the Governor.

(3)One member who is a sworn peace officer identified in Section 830.2, excluding subdivision (d), and a duly elected executive member of a recognized employee organization under Section 3512 of the Government Code, appointed by the Governor.

(4)One member who is a sworn peace officer identified in Section 830.1 and a duly elected executive member of a recognized employee organization under Section 3500 of the Government Code, appointed by the Governor.

(5)Two members shall be members of the public, who are not former peace officers, and who have substantial experience working at nonprofit or academic institutions on issues related to criminal justice, or determining peace officer disciplinary appeals as a hearing officer or member of a civil service board or commission. One of these members shall be appointed by the Governor and one by the Speaker of the Assembly.

(6)Two members shall be members of the public, who are not former peace officers, and who have substantial experience working at community-based organizations on issues related to criminal justice. One of these members shall be appointed by the Governor and one by the Senate Rules Committee.

(7)One member shall be an attorney, who is not a former peace officer, and who has substantial professional experience involving peace officer oversight or peace officer disciplinary proceedings, appointed by the Governor.

(e)The Governor may remove any board member who has clearly demonstrated any bias or inability to maintain impartiality regarding allegations of misconduct against a peace officer.

(f)Except as provided in subdivision (g), each member shall be appointed for a term of three years and shall hold office until the appointment of the members successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever occurs first. Vacancies occurring shall be filled by appointment for the unexpired term of a person with the same qualification for appointment as the person being replaced. A person shall not serve more than two terms consecutively. The Governor shall remove from the board any peace officer member whose certification as a peace officer has been revoked. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause.

(g)Of the members initially appointed to the board, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Successor appointments shall be made pursuant to subdivision (f).

(h)Each member of the board shall receive a per diem of three hundred fifty dollars ($350) for each day actually spent in the discharge of official duties, including reasonable time spent in preparation for public hearings, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. Upon request of a member based on financial necessity, the commission shall arrange and make direct payment for travel or other necessities rather than providing reimbursement.

(i)Members identified in paragraphs (3) and (4) of subdivision (d) shall be designated as full-time release members per their current memorandum of understanding for the agency by which they are employed.

SEC. 6.The heading of Article 2 (commencing with Section 13510) of Chapter 1 of Title 4 of Part 4 of the Penal Code is amended to read:2.Field Services and Standards for Recruitment and Training Services, Standards, and CertificationSEC. 7.Section 13510 of the Penal Code is amended to read:13510.

(a)(1)For the purpose of raising the level of competence of local law enforcement officers, the commission shall adopt, and may from time to time amend, rules establishing and upholding minimum standards relating to physical, mental, and moral fitness that shall govern the recruitment of any city police officers, peace officer members of a county sheriffs office, marshals or deputy marshals, peace officer members of a county coroners office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorneys office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, or housing authority police departments.

The

(2)The commission also shall adopt, and may from time to time amend, rules establishing minimum standards for training of city police officers, peace officer members of county sheriffs offices, marshals or deputy marshals, peace officer members of a county coroners office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorneys office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, and housing authority police departments.

These

(3)These rules shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter and shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b)The commission shall conduct research concerning job-related educational standards and job-related selection standards to include vision, hearing, physical ability, and emotional stability. Job-related standards that are supported by this research shall be adopted by the commission prior to January 1, 1985, and shall apply to those peace officer classes identified in subdivision (a). The commission shall consult with local entities during the conducting of related research into job-related selection standards.

(c)For the purpose of raising the level of competence of local public safety dispatchers, the commission shall adopt, and may from time to time amend, rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies described in subdivision (a), which standards shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter. These standards also shall apply to consolidated dispatch centers operated by an independent public joint powers agency established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code when providing dispatch services to the law enforcement personnel listed in subdivision (a). Those rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, primary responsibility refers to the performance of law enforcement dispatching duties for a minimum of 50 percent of the time worked within a pay period.

(d)Nothing in this section shall This section does not prohibit a local agency from establishing selection and training standards that exceed the minimum standards established by the commission.

SEC. 8.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. described in Section 830.1, 830.2 with the exception of those described in subdivision (d) of that section, 830.3, 830.32, or 830.33, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program. A certificate or proof of eligibility issued pursuant to this section shall be considered the property of the commission.

(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 make application for the certificates, provided they are employed by an agency which participates in the Peace Officer Standards and Training (POST) POST program.

(e)The commission shall assign each person who applies for or receives certification a unique identifier that shall be used for certification status from application for certification through that persons career as a peace officer.

(e)

(f)The commission shall have the authority to may suspend, revoke, or 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. issued pursuant to this chapter.

SEC. 9.Section 13510.8 is added to the Penal Code, to read:13510.8.

(a)A certified peace officer shall have their certificate suspended or revoked, and an applicant shall have their application for a certificate denied, upon a determination that the peace officer or applicant meets either of the following conditions:

(1)The person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.

(2)The person has been subject to a sustained termination, as defined in subdivision (b) of Section 832.8 for serious misconduct on or after January 1, 2022.

(b)The commission shall adopt by regulation a definition of serious misconduct, which is limited to conduct of such a nature that the officers continued certification as a peace officer poses a significant threat to the public. The definition shall serve as the criteria to be considered for suspension or revocation of a certificate. This definition shall include all of the following examples of serious misconduct:

(1)Dishonesty, including, but not limited to, intentionally false statements material to the investigation of a crime, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct.

(2)Abuse of power by using or threatening to use force against a victim or witness to a crime, intentionally obtaining a false confession, and intentionally making a false arrest.

(3)Physical abuse or excessive force resulting in death or bodily injury involving a substantial risk of death or permanent impairment of a bodily organ.

(4)Sexual assault involving the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under color of authority.

(5)Bias in the performance of a peace officer or custodial officers duties, including, but not limited to, verbal statements, writings, online posts, recordings, and gestures involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

(c)Each law enforcement agency shall be responsible for investigation, findings, and actions by the agency, if any, relating to allegations of serious misconduct, regardless of employment status.

(d)The commission shall have access, if necessary, to review an agency investigative file and administrative appeal record that may include prior complaints of serious misconduct in the peace officers record. The commission shall only have authority to review the file for purposes of decertification.

(e)(1)After three allegations of serious misconduct within five years, the commission shall review the peace officers file to review the investigation as carried out by the employing department. The law enforcement agency shall notify the commission within 10 days of an officers third allegation of serious misconduct.

(2)The three allegations shall originate from three separate and distinct complaints against the officer and the five-year span shall be consecutive time served on active duty.

(3)The commission shall have 180 days to conduct the review to determine the thoroughness of the investigations of serious misconduct.

(4)Should the commission discover that a thorough investigation into serious misconduct was not completed, the commission shall notify the law enforcement agency of this finding and the agency shall respond in writing within 30 days.

(5)The commission shall post both its findings and the written response from the law enforcement agency on the commissions internet website. Prior to posting this information, the commission shall remove all personal identifying information of the agency, the individual officers involved, and any other parties involved.

SEC. 10.Section 13510.9 is added to the Penal Code, to read:13510.9.

(a)Every law enforcement agency shall notify the commission within 10 days, in a form approved by the commission, after a peace officer employed by that agency separates from employment, including a termination, resignation, or retirement.

(b)The notification described in subdivision (a) shall include a summary of any allegations of serious misconduct known to the law enforcement agency at the time and the status of any administrative appeal pursuant to Sections 3305 and 3304.5 of the Government Code. Supplemental notification shall be provided once the appeal is exhausted. The supplemental notification shall indicate whether the termination was sustained, as defined in subdivision (b) of Section 832.8.

(c)If a peace officer resigns or retires with a pending complaint, charge, or investigation of serious misconduct, the employing agency shall do all of the following:

(1)Specify in the notification to the commission that the officer has resigned or retired with a pending complaint, charge, or investigation for serious misconduct.

(2)Specify in the notification the specific nature of the complaint, charge, or investigation, including a brief summary of the allegations of serious misconduct.

(3)Complete the investigation in a thorough and unbiased manner within 90 days from the date of the resignation or retirement. If the agency is unable to complete the investigation within 90 days, the agency shall provide, in writing, the specific basis why the investigation could not be completed in that time and the amount of additional time necessary to complete the investigation. The investigation shall be completed within not more than 180 days from the date of the resignation or retirement.

(4)Upon completion of the investigation, report to the commission within 10 days on whether the complaint of serious misconduct was sustained, not sustained, frivolous, unfounded, or exonerated.

(5)If there is a sustained complaint for serious misconduct, include a summary of facts to the commission.

(6)An individual who resigns or retires with a pending complaint or investigation pursuant to subdivision (c) shall have their certificate designated as provisional until final adjudication by the commission.

(7)A resigned or retired peace officer shall be afforded an evidentiary hearing to appeal any sustained charges of serious misconduct that could result in revocation of their certificate. If the former officer prevails in the administrative appeal hearing, the officers certification shall be fully restored, but the officer shall not be entitled to reinstatement to their former position unless the officer possesses an independent right of return. If the charges of serious misconduct are upheld after appeal, the officers certificate shall be subject to the revocation proceeding applicable to sustained terminations as set forth in subdivision (d).

(d)(1)If a peace officers termination for serious misconduct is sustained, as defined in subdivision (b) of Section 832.8, the commission shall refer the file to the board for a recommendation as to whether the officers certificate should be suspended or revoked.

(2)The commission shall review all initial determinations made by the board pursuant to this subdivision and shall adopt the boards initial determination if supported by clear and convincing evidence. If the commission reaches a different result than the boards initial determination, it shall set forth its analysis and reasons for reaching a different result in writing.

(e)(1)The commission shall include the information reported pursuant to this section in a peace officers profile, in a form determined by the commission, and in a manner that may be accessed by the subject of the profile, an employing law enforcement agency of the subject of the profile, a law enforcement agency that is performing a preemployment background investigation of the subject of the profile, or to the commission when necessary for the purposes of assessing certification status.

(2)If an agency reports to the commission pursuant to paragraph (4) of subdivision (c) that an investigation resulted in a finding after all appeals that a charge is frivolous, unfounded, exonerated, or not sustained, the commission shall remove any reference to the charge, complaint, or investigation from the peace officers profile and take no action regarding the officers certificate.

(f)(1)A certificate holder or applicant shall be entitled to a hearing before an administrative law judge after suspension or revocation of the certificate. The hearing shall be conducted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and is subject to any appeal process contained in that act or any other administrative procedures adopted by the commission. The appeal hearing shall be held in abeyance during the pendency, if any, of the certificate holders administrative appeal, as provided in Sections 3304 and 3304.5 of the Government Code. Within 30 days after a termination for serious misconduct is sustained pursuant to subdivision (b) of Section 832.8, the decertification appeal hearing shall commence. The record of the administrative appeal that resulted in a sustained finding shall be admitted in the decertification appeal. The appeal hearing shall be confidential, except as provided in Section 832.7 and except that the identity of an individual whose license is suspended or revoked shall be a public record.

(2)The administrative law judge shall recommend upholding the revocation of the officers certificate, upon a finding by clear and convincing evidence that allowing the peace officer to maintain a certificate represents a serious threat to the public. The administrative law judge shall consider the decision and administrative record underlying the sustained finding of serious misconduct, the peace officers overall employment history, and other relevant factors. Protection of the public and upholding the standards for peace officers in California shall be afforded the highest priority. The administrative law judge shall set forth the analysis and reasons for the decision in writing.

(3)The commission shall adopt the decision issued pursuant to paragraphs (1) and (2). If the decision adopted by the commission does not find good cause to revoke or cancel a certificate, the commission shall remove any reference to the charge, complaint, or investigation from the peace officers profile.

(g)The commission may adopt regulations to carry out this section.

(h)Notwithstanding any other law, meetings and records of the board and review by the commission under this section shall be public.

(i)For purposes of this section, the following definitions apply:

(1)Law enforcement agency means a police department, sheriffs department, or other entity that employs a peace officer, as specified in Section 830.1, 830.2, with the exception of paragraphs (1) and (2) of subdivision (d) of that section, 830.3, 830.32 or 830.33, or employed within agencies participating in the Commission on Peace Officer Standards and Training program.

(2)Serious misconduct has the same meaning as defined by the commission pursuant to Section 13510.8.

SEC. 11.

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.

SECTION 1.It is the intent of the Legislature to amend Section 1029 of the Government Code.

Date	Status
Feb 1, 2022	From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Jan 31, 2022	Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
Jan 13, 2021	Re-referred to Com. on PUB. S.
Jan 12, 2021	From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Jan 11, 2021	Referred to Com. on PUB. S.
Dec 8, 2020	From printer. May be heard in committee January 7.
Dec 7, 2020	Read first time. To print.

Authors shown for version:
Amended Assembly (1/12/2021)