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AB-3341 Public employment: peace officers.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3341:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3341


Introduced by Assembly Member Muratsuchi

February 21, 2020


An act to amend Section 1031 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3341, as introduced, Muratsuchi. Public employment: peace officers.
Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice to perform various functions involving the training of peace officers. Existing law requires peace officers in this state to meet specified minimum standards, including, among other requirements, being of good moral character, as determined by a thorough background investigation.
This bill would require that the background investigation for determining moral character use standards defined by the Commission on Peace Officer Standards and Training, as minimum guidelines, before the applicant may be employed or begin training as a peace officer. The bill would make related changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1031 of the Government Code is amended to read:

1031.
 Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:
(a) Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code.
(b) Be at least 18 years of age.
(c) Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.
(d) (1) Be of good moral character, as determined by a thorough background investigation. investigation, using standards defined by the Commission on Peace Officer Standards and Training (POST) as minimum guidelines, before the applicant may be employed or begin training as a peace officer.
(2) “Thorough background investigation” means a background investigation conducted by a peace officer who has completed all applicable training offered by POST.
(e) 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 local or state 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, 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).
(f) Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer.
(1) Physical condition shall be evaluated by a licensed physician and surgeon.
(2) Emotional and mental condition shall be evaluated by either of the following:
(A) 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.
(B) A psychologist licensed by the California 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.
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 POST designed for the conduct of preemployment psychological screening of peace officers.
(g) This section shall not be construed to preclude the adoption of additional or higher standards, including age.