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AB-1299 Peace officers: employment.(2019-2020)



Current Version: 08/06/20 - Amended Senate         Compare Versions information image


AB1299:v94#DOCUMENT

Amended  IN  Senate  August 06, 2020
Amended  IN  Senate  June 29, 2020
Amended  IN  Senate  September 10, 2019
Amended  IN  Senate  July 02, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1299


Introduced by Assembly Member Salas
(Principal coauthors: Senators Grove and Hurtado)(Principal coauthor: Assembly Member Gipson)
(Coauthor: Assembly Member Cristina Garcia)

February 22, 2019


An act to add Section 13510.8 13510.6 to the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1299, as amended, Salas. Peace officers: employment.
Existing laws defines persons who are peace officers and the entities authorized to appoint them. Existing law requires certain minimum training requirements for peace officers, including the completion of a basic training course, as specified. Existing law prescribes certain minimum standards for a person to be appointed as a peace officer, including moral character and physical and mental conditions, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction.
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.
This bill would require any agency that employs peace officers to notify the commission when a peace officer separates from employment, including details of any termination or resignation in lieu of termination. This bill would require an agency to notify the commission if an officer leaves the agency with a complaint, charge, or investigation pending, and would require the agency to complete the investigation and notify the commission of its findings. The bill would require the commission to include this information in an officer’s profile and make that information available to specified parties including any law enforcement agency that is conducting a preemployment background investigation of the subject of the profile.
By requiring new 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 13510.8 is added to the Penal Code, to read:
13510.8.

SECTION 1.

 Section 13510.6 is added to the Penal Code, to read:

13510.6.
 (a) Every law enforcement agency, including any police department, sheriffs department, or other entity that employs any peace officer, 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, without limitation, any termination, resignation, or retirement.
(b) The notification described in subdivision (a) shall include a factual summary of the circumstances of any termination or any resignation in lieu of termination.
(c) If a peace officer resigns or retires with a pending complaint, charge, or investigation of a serious nature, 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.
(2) Specify in the notification the specific nature of the complaint, charge, or investigation, including a brief summary of allegations.
(3) Complete the investigation in a thorough and unbiased manner.
(4) Upon completion of the investigation, report to the commission on whether the charges were sustained, not sustained, or unfounded.
(5) In the event of a sustained complaint, include a summary of facts.
(d) For the purposes of subdivision (c), a complaint, charge, or investigation of a serious nature means one that would likely result in the termination, demotion, or suspension of the officer for 30 days or more, if the charges were sustained and the officer had still been employed by the agency.
(e) (1) The commission shall include the information reported pursuant to this section in an officer’s profile, in a form determined by the commission, and in a manner that may be accessed by the subject of the profile, by any employing law enforcement agency of the subject of the profile, and by any law enforcement agency that is performing a preemployment background investigation of the subject of the profile.
(2) If an agency reports to the commission pursuant to paragraph (4) of subdivision (c) that an investigation resulted in a finding that a charge is not sustained or unfounded, the commission shall remove any reference to the charge, complaint, or investigation from the person’s profile.
(f) The commission may adopt regulations to carry out this section.

SEC. 2.

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