| Last Version Text |
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250AB__035495CHP</ns0:Id>
<ns0:VersionNum>95</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-01-30</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-03-24</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-04-10</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>PASSED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-05-08</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>PASSED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-06-27</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>ENROLLED</ns0:ActionText>
<ns0:ActionDate>2025-07-01</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>CHAPTERED</ns0:ActionText>
<ns0:ActionDate>2025-07-14</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>APPROVED</ns0:ActionText>
<ns0:ActionDate>2025-07-14</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>FILED</ns0:ActionText>
<ns0:ActionDate>2025-07-14</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>354</ns0:MeasureNum>
<ns0:MeasureState>CHP</ns0:MeasureState>
<ns0:ChapterYear>2025</ns0:ChapterYear>
<ns0:ChapterType>CHP</ns0:ChapterType>
<ns0:ChapterSessionNum>0</ns0:ChapterSessionNum>
<ns0:ChapterNum>32</ns0:ChapterNum>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Michelle Rodriguez</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Michelle Rodriguez</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to add Section 15169 to the Government Code, and to amend Sections 13500, 13510.8, and 13510.9 of, and to add Section 13503.1 to, the Penal Code, relating to peace officers, and declaring the urgency thereof, to take effect immediately.</ns0:Title>
<ns0:RelatingClause>peace officers, and declaring the urgency thereof, to take effect immediately</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Commission on Peace Officer Standards and Training.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law authorizes POST, as specified, to decertify a certified peace officer for engaging in serious misconduct, as specified.
</html:p>
<html:p>Existing law requires any agency that employs peace officers to, within 10 days, notify POST of specified occurrences including any complaint, charge, or allegation of serious misconduct by a peace officer employed by that agency and the final disposition of any investigation into that complaint, charge, or allegation, regardless of the discipline actually imposed. Existing law provides that each law enforcement agency shall be responsible for the completion of an investigation into any
allegation of serious misconduct by an officer, regardless of the officer’s employment status. Existing law establishes the California Law Enforcement Telecommunications System (CLETS) within the Department of Justice to facilitate the exchange and dissemination of information between law enforcement agencies in the state.</html:p>
<html:p>This bill would require POST employees whose job duties require access to criminal offender record information, state summary criminal history information, or information obtained from CLETS to undergo a fingerprint-based state and national criminal history background check, as specified.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law
makes it a crime for a person authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it.
</html:p>
<html:p>This bill would authorize the commission and all persons for whom background checks have been completed and their duties require access to inspect or duplicate any information derived from CLETS. The bill would additionally authorize the commission and the Peace Officer Standards Accountability Division to inspect and duplicate any criminal history information, criminal offender record information, or criminal justice information, or any other sensitive, confidential or privileged information if the commission determines that the information is needed in the course of the commission’s duties. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 no reimbursement is required by this act for a specified reason.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This bill would declare that it is to take effect immediately as an urgency statute.
</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>TWO_THIRDS</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>YES</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>YES</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_FC566757-E27B-4A7D-9F43-475578D93F28">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'15169'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 15169 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8C337142-FDAD-4F05-9A96-B87C81872FF0">
<ns0:Num>15169.</ns0:Num>
<ns0:LawSectionVersion id="id_32B67516-E44D-4D6C-B59D-CCB6776CE9A9">
<ns0:Content>
<html:p>Notwithstanding any other law, the Commission on Peace Officer Standards and Training, or other persons identified in subdivision (a) of Section 13503.1 of the Penal Code for whom background checks have been completed pursuant to that section and whose duties require access, may inspect or duplicate any information derived from the California Law Enforcement Telecommunications System when the commission deems the information necessary to fulfill its duties.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F6086B84-DA95-4235-84AA-0E3EC40ED2FF">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13500.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 13500 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B0323A14-20CA-4BF7-BF66-DC8E4436101B">
<ns0:Num>13500.</ns0:Num>
<ns0:LawSectionVersion id="id_1DAE18BD-C8E1-48DF-BEA7-4EFEE95A3ADC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The commission shall be composed of the following members:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Two members shall be (i)
<html:span class="EnSpace"/>
sheriffs or chiefs of police or peace officers nominated by their respective sheriffs
or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Four members shall be peace officers of the rank of sergeant or below with a minimum of five years’ experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the
Government Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
One member shall be an elected officer or chief administrative officer of a county in this state.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
One member shall be an elected officer or chief administrative officer of a city in this state.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Two members shall be public members who shall not be peace officers.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
One member shall be an educator or trainer in the field of criminal justice.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the
commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Implicit and explicit bias.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Cultural competency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Mental
health and policing.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Attorney General shall be an ex officio member of the commission.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other law, the commission is authorized to inspect and duplicate any criminal history information, criminal offender record information, or criminal
justice information, including information contained in or derived from the California Law Enforcement Telecommunications System, or any other sensitive, confidential or privileged information if the commission determines that the information is needed in the course of the commission’s duties.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
It is the intent of the Legislature in enacting subdivision (f) to recognize that the commission is considered a criminal justice agency under Section 13101 and may have access to information derived from criminal justice databases.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B86675C0-A208-4179-B916-B98B917F8127">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13503.1'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 13503.1 is added to the
<ns0:DocName>Penal Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_BAFAD4E5-CDEC-4316-BB67-C704B0A871AD">
<ns0:Num>13503.1.</ns0:Num>
<ns0:LawSectionVersion id="id_BD67BD03-FCDE-40F4-881B-BB957E1092F5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Commission employees, prospective employees, appointees, volunteers, contractors, and subcontractors, whose job duties require access to criminal offender record information as defined in Section 13102, state summary criminal history information as defined in Section 11105, or information obtained from the California Law Enforcement Telecommunications System, shall undergo a fingerprint-based state and national criminal history background check.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The commission shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background
check, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state or federal level response pursuant to subdivision (l) of Section 11105.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_500F8B27-65A1-416A-BA9C-8003190F834E">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13510.8.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 13510.8 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_EBE06B67-A63C-462D-AEA1-B79D937E0105">
<ns0:Num>13510.8.</ns0:Num>
<ns0:LawSectionVersion id="id_C1542766-346E-41F3-A9C0-966CEC30437D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The commission shall revoke the certification of a certified peace officer if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission may suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer for, or has, while employed as a peace officer, otherwise engaged in, any serious misconduct as described in subdivision (b).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission may cancel the certificate or proof of eligibility of a peace officer if the commission determines
that there was fraud or misrepresentation made by an applicant at any time during the application process that resulted in the issuance of the certification.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
By January 1, 2023, the commission shall adopt by regulation a definition of “serious misconduct” that shall serve as the criteria to be considered for ineligibility for, or revocation of, certification. This definition shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Physical abuse, including, but not limited to, the excessive or unreasonable use of force.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Sexual assault, as described in subdivision (b) of Section 832.7.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or
inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. This paragraph does not limit an employee’s rights under the First Amendment to the United States Constitution.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by the commission.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Participation in a law enforcement gang. For the purpose of this paragraph, a “law enforcement gang” means a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty
behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to, excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, unauthorized use of alcohol or drugs on duty, unlawful or unauthorized protection of other members from disciplinary actions, and retaliation against other officers who threaten or interfere with the activities of the
group.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Failure to cooperate with an investigation into potential police misconduct, including an investigation conducted pursuant to this chapter. For purposes of this paragraph, the lawful exercise of rights granted under the United States Constitution, the California Constitution, or any other law shall not be considered a failure to cooperate.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Beginning
no later than January 1, 2023, each law enforcement agency shall be responsible for the completion of investigations of allegations of serious misconduct by a peace officer, regardless of their employment status.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The division shall promptly review any grounds for decertification described in subdivision (a) received from an agency. The division shall have the authority to review any agency or other investigative authority file, as well as to conduct additional investigation, if necessary. The division shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System and any other information that would otherwise be confidential, privileged, or subject
to any other restriction on disclosure when that information is included as part of an investigation involving a matter within the commission’s jurisdiction. The division shall only have authority to review and investigate allegations for purposes of decertification.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The board, in their discretion, may request that the division review an investigative file or recommend that the commission direct the division to investigate any potential grounds for decertification of a peace officer. Those requests and recommendations from the board to the division or commission must be based upon a decision by a majority vote.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commission, in its discretion, may direct the division to review an investigative file. The commission, either upon its own motion
or in response to a recommendation from the board, may direct the division to investigate any potential grounds for decertification of a peace officer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The division, in its discretion, may investigate without the request of the commission or board any potential grounds for revocation of certification of a peace officer.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The division, in carrying out any investigation initiated pursuant to this section or any other duty shall have all of the powers of investigation granted pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding any other law, the investigation shall be completed within three years after the receipt of the
completed report of the disciplinary or internal affairs investigation from the employing agency pursuant to Section 13510.9, however, no time limit shall apply if a report of the conduct was not made to the commission. An investigation shall be considered completed upon a notice of intent to deny, suspend, or revoke certification issued pursuant to paragraph (1) of subdivision (a) of Section 13510.85. The time limit shall be tolled during the appeal of a termination or other disciplinary action through an administrative or judicial proceeding or during any criminal prosecution of the peace officer. The commission shall consider the peace officer’s prior conduct and service record, and any instances of misconduct, including any incidents occurring beyond the time limitation for investigation in evaluating whether to revoke certification for the incident under investigation.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
An action by an agency or decision resulting from an appeal of an agency’s action does not preclude action by the commission to investigate, suspend, or revoke a peace officer’s certification pursuant to this section. Whether a particular factual or legal determination in a prior appeal proceeding shall have preclusive effect in proceedings under this chapter shall be governed by the existing law of collateral estoppel.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Upon arrest or indictment of a peace officer for any crime described in Section 1029 of the Government Code, or discharge from any law enforcement agency for grounds set forth in subdivision (a), or separation from employment of a peace officer during a pending investigation into allegations of serious misconduct, the executive director shall order the
immediate temporary suspension of any certificate or proof of eligibility held by that peace officer upon the determination by the executive director that the temporary suspension is in the best interest of the health, safety, or welfare of the public. The order of temporary suspension shall be made in writing and shall specify the basis for the executive director’s determination. Following the issuance of a temporary suspension order, proceedings of the commission in the exercise of its authority to discipline any peace officer shall be promptly scheduled as provided for in this section. The temporary suspension shall continue in effect until issuance of the final decision on revocation pursuant to this section or until the order is withdrawn by the executive director.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Records of an investigation of any person by the commission shall
be retained for 30 years following the date that the investigation is deemed concluded by the commission. The commission may destroy records prior to the expiration of the 30-year retention period if the subject is deceased and no action upon the complaint was taken by the commission beyond the commission’s initial intake of the complaint.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Any peace officer may voluntarily surrender their certification permanently. Voluntary permanent surrender of certification pursuant to this subdivision shall have the same effect as revocation. Voluntary permanent surrender is not the same as placement of a valid certification into inactive status during a period in which a person is not actively employed as a peace officer. A permanently surrendered certification cannot be reactivated.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The commission may initiate proceedings to revoke or suspend a peace officer’s certification for conduct that occurred before January 1, 2022, only for either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Serious misconduct pursuant to paragraph (1) or (4) of subdivision (b) or pursuant to paragraph (3) of subdivision (b) for the use of deadly force that results in death or serious bodily injury.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the employing agency makes a final determination regarding its investigation of the misconduct after January 1, 2022.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Nothing in this subdivision prevents the commission from considering the peace officer’s prior conduct and service record in determining whether suspension or revocation is appropriate for
serious misconduct.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_62494AFC-AE04-4EA3-834D-C1D5A9195A6D">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13510.9.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 13510.9 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_97C000DB-32AB-4916-AE2C-B8A66A5B31AB">
<ns0:Num>13510.9.</ns0:Num>
<ns0:LawSectionVersion id="id_28A8304C-4F8F-4295-A9BD-6D646BA0C842">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Beginning January 1, 2023, any agency employing peace officers shall report to the commission within 10 days, in a form specified by the commission, any of the following events:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The employment, appointment, or termination or separation from employment or appointment, by that agency, of any peace officer. Separation from employment or appointment includes any involuntary termination, resignation, or retirement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any complaint, charge, or allegation of conduct against a peace officer employed by that agency that could render a peace officer subject to suspension or revocation of certification by the commission
pursuant to Section 13510.8.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any finding or recommendation by a civilian oversight entity, including a civilian review board, civilian police commission, police chief, or civilian inspector general, that a peace officer employed by that agency engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The final disposition of any investigation that determines a peace officer engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8, regardless of the discipline imposed.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any civil judgment or court finding against a peace
officer based on conduct, or settlement of a civil claim against a peace officer or an agency based on allegations of officer conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
By July 1, 2023, any agency employing peace officers shall report to the commission any events described in subdivision (a) that occurred between January 1, 2020, and January 1, 2023.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An agency employing peace officers shall make available for inspection or duplication by the commission any investigation into any matter reported pursuant to paragraph (2) of subdivision (a), including any physical or documentary evidence, witness statements, analysis, and conclusions, for no less than
two years after reporting of the finding or recommendation reported pursuant to paragraph (3) of subdivision (a), the final disposition of the investigation reported pursuant to paragraph (4) of subdivision (a), or the civil judgment or court finding reported pursuant to paragraph (5) of subdivision (a), as applicable, whichever is latest.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, the commission shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System, or any other information that would otherwise be confidential, privileged, or subject to any other restriction on disclosure, when that information is included as part of an investigation involving a
matter within the commission’s jurisdiction.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In a case of separation from employment or appointment, the employing agency shall execute and maintain an affidavit-of-separation form adopted by the commission describing the reason for separation and shall include whether the separation is part of the resolution or settlement of any criminal, civil, or administrative charge or investigation. The affidavit shall be signed under penalty of perjury and submitted to the commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A peace officer who has separated from employment or appointment shall be permitted to respond to the affidavit-of-separation form, in writing, to the commission, setting forth their understanding of the facts and reasons for the separation, if different from those provided by the
agency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Before employing or appointing any peace officer who has previously been employed or appointed as a peace officer by another agency, the agency shall contact the commission to inquire as to the facts and reasons a peace officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the subsequent employing agency any information regarding the separation in its possession.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Civil liability shall not be imposed on either a law enforcement agency or the commission, or any of the agency’s or commission’s agents, for providing information pursuant to this section in a good faith belief that the information is accurate.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The commission
shall maintain the information reported pursuant to this section, in a form determined by the commission, and in a manner that may be accessed by the subject peace officer, any employing law enforcement agency of that peace officer, any law enforcement agency that is performing a preemployment background investigation of that peace officer, or the commission when necessary for the purposes of decertification. This information may be withheld from the subject peace officer if the commission determines that disclosure pursuant to this section may jeopardize an ongoing investigation, put a victim or witness at risk of any form of harm or injury, or may otherwise create a risk of any form of harm or injury that outweighs the interest in disclosure, until the risk of harm or injury is ended or mitigated so that the interest in disclosure is no longer outweighed by the interest in nondisclosure. Information that
the commission releases to an agency pursuant to this section that has been withheld from the subject peace officer shall be kept confidential by the receiving agency.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The commission shall notify the head of the agency that employs the peace officer of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The initiation of any investigation of that peace officer by the division, unless that notification would interfere with the investigation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A finding by the division, following an investigation or review of the investigation, of grounds to take action against the peace officer’s certification or application.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A final determination by the commission
as to whether action should be taken against a peace officer’s certification or application.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An adjudication, after hearing, resulting in action against an officer’s certification or application.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the certificate of a peace officer is temporarily suspended
pursuant to subdivision (d) of Section 13510.8, or revoked, the commission shall also notify the district attorney of the county in which the peace officer is or was employed of this fact.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Each notification required by this subdivision shall include the name of the peace officer and a summary of the basis for the action requiring notification.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2DB74F72-C9F5-4A68-8106-74CC22D71DC3">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_13A1AAD4-AF27-4E70-96EB-0E2BFFDBDD8D">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:Content>
<html:p>This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:</html:p>
<html:p>In addition to determining the fitness of an individual to serve as a peace officer, the Commission on Peace Officer Standards and Training is also tasked with investigating and suspending or decertifying a peace officer if serious misconduct has occurred. These amendments are urgently needed to ensure and
reinforce the commission's duties, including the information it may access to perform those duties.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
|