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<ns0:Id>20250AB__189699INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-12</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1896</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Members Mark González and Rivas</ns0:AuthorText>
<ns0:AuthorText authorType="PRINCIPAL_COAUTHOR_ORIGINATING">(Principal coauthor: Assembly Member Carrillo)</ns0:AuthorText>
<ns0:AuthorText authorType="PRINCIPAL_COAUTHOR_OPPOSITE">(Principal coauthor: Senator Durazo)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Mark González</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Rivas</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Carrillo</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Durazo</ns0:Name>
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<ns0:Title> An act to amend Sections 1029, 1031, and 18935 of, and to add Section 1025 to, the Government Code, relating to public employment. </ns0:Title>
<ns0:RelatingClause>public employment</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Public employment: disqualifications.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law contains numerous provisions governing the qualifications, standards, and training of peace officers. Existing law specifies circumstances that disqualify a person from holding office or being employed as a peace officer, including, among other things, having been convicted of a felony.</html:p>
<html:p>This bill would disqualify a person from being a peace officer if they were previously employed by an entity that engages in immigration enforcement, as defined, during the period beginning January 20, 2025, and ending January 20, 2029, except as specified. </html:p>
<html:p>Existing law requires each class of peace officers to meet minimum standards, including good moral character and being free from any physical, emotional, or mental condition, such as bias against race or ethnicity, gender, nationality, religion,
disability, or sexual orientation.</html:p>
<html:p>This bill would add to these minimum standards the requirement that a person has not been previously employed by an entity that engages in immigration enforcement, as defined, during the period beginning January 20, 2025, and ending January 20, 2029, except as specified. </html:p>
<html:p>Existing law authorizes the Department of Human Resources (CalHR) or a designated appointing power to refuse to examine or, after examination, to refuse to declare as eligible, or to withhold or withdraw from certification, prior to appointment, anyone who meets certain criteria, such as a person who has misrepresented themselves during the application process. </html:p>
<html:p>This bill would add to these criteria a person who was previously employed by an entity that engages in immigration enforcement, as defined, during the period beginning January 20, 2025, and ending January 20, 2029,
except as specified. </html:p>
<html:p>Existing law makes a person ineligible to hold office or employment of any kind with the state, or any county, city, district, or other political or governmental unit of the state, if the person has by oath bound themselves to support, maintain, or further the military or political activities or policies of a foreign government, as specified, or to obey the orders or directions of any foreign government or its officials. </html:p>
<html:p>This bill would make a person ineligible to hold public employment, including employment with a city, county, district, or any other public agency of the state, if the person was previously employed by an entity that engages in immigration enforcement, as defined, during the period beginning January 20, 2025, and ending January 20, 2029, except as specified.</html:p>
<html:p>By increasing the duties of local agencies, this bill would impose a state-mandated
local program.</html:p>
<html:p>The bill would make the provisions of the act severable. </html:p>
<html:p>The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_AA7104FE-506C-4084-B0AE-A339D3874A69">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Since the inauguration of President Donald J. Trump on January 20, 2025, immigration enforcement agents have carried out an indiscriminate mass terror campaign against innocent men, women, and children across the nation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Immigration enforcement agents, under the direction of their leadership, have committed grave, inhumane, and horrific patterns of hate, abuse, violence, and even execution.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
These raids take the form of shootings, deaths in custody, and family separations, including:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The wrongful execution of 37-year-old Renée Nicole Good, a mother of three and loving wife, in the City of Minneapolis, Minnesota.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The shooting of Carlitos Ricardo Parias, a popular streamer who was shot by federal agents in the City of Los Angeles after an extreme example of immigration enforcement agent misconduct.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The violent abuse and injuries labor leader and activist David Huerta experienced after an encounter with immigration enforcement agents in the City of Los Angeles.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The 32 lives lost in immigration enforcement custody over the year of 2025, including several elderly persons.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The fatal shooting of Silverio Villegas González, who attempted to flee United
States Immigration and Customs Enforcement (ICE) officers in the City of Chicago, Illinois.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Countless peaceful protesters have been abused, pepper sprayed, sandbagged, or hit by immigration enforcement agents.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The murder of Alex Pretti, an intensive care nurse at the United States Department of Veterans Affairs hospital in the City of Minneapolis, Minnesota.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Immigration enforcement agents have reportedly used phrases such as “I was just following orders” to continue to perpetuate harm, including by agents who fatally shot innocent civilians.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Vice President JD Vance has publicly stated that the immigration enforcement agent involved in the execution of Renée Nicole Good was “just doing his job,” framing the murder as justified
enforcement. Additional reporting indicates that leadership has instructed ICE agents to take “decisive action should you be faced with an imminent threat.”
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
In 2017, we, as the State of California, established core values of community safety, inclusivity, and accessible public services and passed groundbreaking legislation to separate our state and local law enforcement personnel from cooperating in federal immigration enforcement unless the suspect has committed a serious or violent crime, and to prohibit public and private employers from engaging with federal immigration enforcement unless authorized by a judicial warrant.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Immigration enforcement agents, by capacity of their employment, have consistently shown they are unwilling to stand up to orders, and therefore do not align with the core values of this state’s law enforcement or public employee missions.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Therefore, it is the intent of the Legislature to ensure that this act maintains the values of the State of California and protects its residents from immoral individuals from being stewards of public trust.
</html:p>
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<ns0:BillSection id="id_0491D50E-80E8-42D8-AC46-F089B5A964CD">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 1025 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_6BC3BA12-8ACF-45C4-8BF0-30A5D5B4D555">
<ns0:Num>1025.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (b), a person is disqualified from public employment, including, but not limited to, employment with a city, county, district, or any other public agency of the state, if they were previously employed by an entity that engaged in immigration enforcement on or after January 20, 2025, to January 20, 2029, inclusive.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person shall not be disqualified from public employment, as specified in subdivision (a), if they were engaged in immigration enforcement at any of the following public entities:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A local agency pursuant to Chapter 17.1 (commencing with Section 7282) of Division 7.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local law enforcement agency pursuant to Chapter 17.2 (commencing with Section 7283) of Division 7.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A California law enforcement agency pursuant to Chapter 17.25 (commencing with Section 7284) of Division 7.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation pursuant to Section 7284.10.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, the following terms apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“California law enforcement agency” has the same meaning as that term is defined in subdivision (a) of Section 7284.4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Immigration enforcement” includes any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including investigating, enforcing,
or assisting in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Local agency” has the same meaning as that term is defined in subdivision (e) of Section 7282.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Local law enforcement agency” has the same meaning as that term is defined in subdivision (e) of Section 7283.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that
information with any other federal, state, or local governmental entity, pursuant to Section 1373 of Title 8 of the United States Code.
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<ns0:BillSection id="id_2E174778-F0F2-4C7A-A2B6-5657FDEE0957">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 1029 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_5675652A-A6A4-40E1-9869-028E5348F6B1">
<ns0:Num>1029.</ns0:Num>
<ns0:LawSectionVersion id="id_05D3FD9C-A7C4-49CD-948D-386F1FEE1BBF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B) of paragraph (2), or subdivision (b), (c), (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 confers upon the holder or employee the powers and duties of a peace officer:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any person who has been convicted of a felony.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any person who has been convicted of any offense in any other jurisdiction which would have been a felony if committed in this state.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any person who has been discharged from the military for committing an offense, as adjudicated by a military tribunal, which would have been a felony if committed in this state.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Any 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 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph, a person has been “convicted of a crime” immediately upon entry of a plea of guilty or nolo contendere to, or upon being found guilty by a trier of fact of, a felony offense, including an offense that may be charged as a misdemeanor or felony and that was charged as a felony at the time of the conviction.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Effective January 1, 2022, any person who has been convicted of a crime in accordance with this paragraph shall not regain eligibility for peace officer employment based upon the nature of any sentence ordered or imposed. In addition, no such person shall regain eligibility for peace officer employment based upon any later order of the court setting aside, vacating, withdrawing, expunging or otherwise dismissing or reversing the conviction, unless the court finds the person to be factually innocent of the crime for which they were convicted at the time of entry of the order.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any 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.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Any person who has been found not guilty by reason of insanity of any felony.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any person who has been determined to be a mentally disordered sex offender pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Any person
who, following exhaustion of all available appeals, has been convicted of, or adjudicated through an administrative, military, or civil judicial process requiring not less than clear and convincing evidence, including a hearing that meets the requirements of the administrative adjudication provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), as having committed, any act that is a violation of Section 115, 115.3, 116, 116.5, or 117 of, or of any offense described in Chapter 1 (commencing with Section 92), Chapter 5 (commencing with Section 118), Chapter 6 (commencing with Section 132), or Chapter 7 (commencing with Section 142) of Title 7 of Part 1 of the Penal Code, including any act committed in another jurisdiction that would have been a violation of any of those sections if committed in this state.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Any person who has been issued the 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, has voluntarily surrendered that certification pursuant to subdivision (f) of Section 13510.8, or having met the minimum requirement for issuance of certification, has been denied issuance of certification.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Any person previously employed in law enforcement in any state or United States territory or by the federal government, whose name is listed in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or any other database designated by the federal government whose certification as a law enforcement officer in that jurisdiction was revoked for misconduct, or who, while employed as a law enforcement officer, engaged in serious misconduct that would have resulted in their certification being revoked by the commission if employed as a peace
officer in this state.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), any person previously employed by an entity that engaged in immigration enforcement on or after January 20, 2025, to January 20, 2029, inclusive.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A person shall not be 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 shall not be disqualified from any office or employment by the state, county, city, city and county, or other political subdivision, whether with or without compensation, which confers upon the holder or employee the powers and duties of a peace officer, if they were engaged in immigration enforcement at any of the following public
entities:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A local agency pursuant to Chapter 17.1 (commencing with Section 7282) of Division 7.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A local law enforcement agency pursuant to Chapter 17.2 (commencing with Section 7283) of Division 7.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A California law enforcement agency pursuant to Chapter 17.25 (commencing with Section 7284) of Division 7.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation pursuant to Section 7284.10.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, the following terms apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“California law enforcement agency” has the same meaning as that term is defined in subdivision (a) of Section 7284.4.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Immigration enforcement” includes any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including investigating, enforcing, or assisting in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Local agency” has the same meaning as that term is defined in subdivision (e) of Section 7282.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
“Local law enforcement agency” has the same meaning as that term is defined in subdivision (e) of Section 7283.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
This paragraph does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information
regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Section 1373 of Title 8 of the United States Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any 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 offense in any other state which 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 Division of Juvenile Justice, or as a probation officer in a county probation department, if the person has been granted a full and unconditional pardon for the felony or offense of which
they were convicted. Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or a county probation department, may refuse to employ that person regardless of their qualifications.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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 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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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 at the time of the person’s hire a prior conviction of a felony was known to the person’s 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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The Department of Justice shall supply the commission with necessary disqualifying felony and misdemeanor conviction data for all persons known by the department to be current or former peace officers. The commission shall be permitted to use the information for decertification purposes. The data, once received by the commission, shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including documentation of the person’s appointment,
promotion, and demotion dates, as well as certification or licensing status and the reason or disposition for the person leaving service.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 1031 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>1031.</ns0:Num>
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<html:p>Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Be legally authorized to work in the United States under federal law.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Be 18 years of age or older.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Be of good moral character, as determined by a thorough background investigation.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Be a high school graduate, pass the General Education Development Test or other high
school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using state or local government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED or Cognia, an organization
holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA). A foreign college or university degree may be evaluated for equivalency by a credential evaluation service holding membership in the National Association of Credential Evaluation Services (NACES) or the Association of International Credential Evaluators, Inc. (AICE).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Be found to be free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Physical condition shall be evaluated by a licensed physician and surgeon.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Emotional
and mental condition shall be evaluated by either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A psychologist licensed by the Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three
full-time years accrued postdoctorate.
</html:p>
<html:p>The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), be found to be free of previous employment with an entity that engaged in immigration enforcement on or after January 20, 2025, to January 20, 2029, inclusive.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person shall meet the minimum standard to be a peace officer pursuant to this section, and, notwithstanding
paragraph (1), if they were engaged in immigration enforcement at any of the following public entities:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A local agency pursuant to Chapter 17.1 (commencing with Section 7282) of Division 7.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A local law enforcement agency pursuant to Chapter 17.2 (commencing with Section 7283) of Division 7.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A California law enforcement agency pursuant to Chapter 17.25 (commencing with Section 7284) of Division 7.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation pursuant to Section 7284.10.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision, the following terms apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“California law enforcement agency” has the same meaning as that term
is defined in subdivision (a) of Section 7284.4.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Immigration enforcement” includes any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including investigating, enforcing, or assisting in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Local agency” has the same meaning as that term is defined in subdivision (e) of Section 7282.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Local law enforcement agency” has the same meaning as that term is defined in subdivision (e) of Section 7283.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision does not prohibit or restrict any governmental entity or official from sending to, or
receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Section 1373 of Title 8 of the United States Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall not be construed to preclude the adoption of additional or higher standards, including age.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall be interpreted and applied consistent with federal law and regulations. This section shall not be construed to permit an employer to override or bypass work authorization requirements stated in Section 274a.2 of Title 8 of the Code of Federal Regulations.
</html:p>
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<ns0:BillSection id="id_2521DC2A-0228-4B10-A2A7-DE99A851172C">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 18935 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>18935.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department or a designated appointing power may refuse to examine, or after examination may refuse to declare as eligible, or may withhold or withdraw from an eligible list, before the appointment, anyone who meets any of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Lacks any of the requirements for the examination or position for which the individual has applied.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Has been dismissed from any position for any cause that would be a cause for dismissal from state service.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Has resigned from any position not in good standing in order to avoid dismissal.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Has misrepresented themselves in the application or examination process, including permitting another person to complete or attempt to complete a portion of the examination on their behalf.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Has been found to be unsuited or not qualified for employment pursuant to rule.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), has been found to have been previously employed by an entity that engaged in immigration enforcement on or after January 20, 2025, to January 20, 2029, inclusive.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), the department or a designated appointing power shall not refuse to examine, or after examination shall not refuse to declare as eligible, or shall not withhold or withdraw from an eligible list, before the appointment, anyone who was engaged in immigration enforcement at any of the following public entities:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A local agency pursuant to Chapter 17.1 (commencing with Section 7282) of Title 1 of Division 7.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A local law enforcement agency pursuant to Chapter 17.2 (commencing with
Section 7283) of Title 1 of Division 7.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A California law enforcement agency pursuant to Chapter 17.25 (commencing with Section 7284) of Title 1 of Division 7.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation pursuant to Section 7284.10.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, the following terms apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“California law enforcement agency” has the same meaning as that term is defined in subdivision (a) of Section 7284.4.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Immigration enforcement” includes any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including investigating, enforcing, or assisting in the investigation or enforcement of any federal
criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Local agency” has the same meaning as that term is defined in subdivision (e) of Section 7282.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
“Local law enforcement agency” has the same meaning as that term is defined in subdivision (e) of Section 7283.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
This paragraph does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that information with any other federal, state, or local governmental
entity, pursuant to Section 1373 of Title 8 of the United States Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The remedies provided in this section are not exclusive and shall not prevent the board, department, or appointing power from taking additional actions pursuant to Chapter 10 (commencing with Section 19680).
</html:p>
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<ns0:BillSection id="id_36858BA3-F40F-44E1-A7BE-1AFBA77B1F14">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:Content>
<html:p>The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. </html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_93692CA2-4FBD-4676-A906-292EE8C9FD31">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Sections 2, 3, 4, and 5 of this act amending Sections 1029, 1031, and 18935 of, and adding Section 1025 to, the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2, 3, 4, and 5 of this act apply to all cities, including charter cities.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_C5BD59EF-3391-445F-BC89-4779CF898B85">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:Content>
<html:p>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.</html:p>
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