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SB-399 Commission on Peace Officer Standards and Training.(2019-2020)

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Date Published: 02/20/2019 09:00 PM
SB399:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 399


Introduced by Senator Atkins

February 20, 2019


An act to amend Section 13500 of the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


SB 399, as introduced, Atkins. Commission on Peace Officer Standards and Training.
Existing law establishes in the Department of Justice a Commission on Peace Officer Standards and Training. Existing law requires the Governor to appoint members to the commission 2 of whom are required to be members of the public who are not peace officers.
This bill would require the President pro Tempore of the Senate and the Speaker of the Assembly to each appoint a member of the commission who is not a peace officer.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 13500 of the Penal Code is amended to read:

13500.
 (a) 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.
(b) The commission shall be composed of the following members:
(1) Two members shall be (i) 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) any a combination thereof.
(2) Three members shall be sheriffs or sheriffs, chiefs of police police, or peace officers nominated by their respective sheriffs or chiefs of police.
(3) 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 the Ralph C. Dills Act (Chapter Chapter 10.5 (commencing with Section 3525)) 3525) of Division 4 of Title 1 of the Government Code.
(4) One member shall be an elected officer or chief administrative officer of a county in this state.
(5) One member shall be an elected officer or chief administrative officer of a city in this state.
(6) Two members shall be public members who shall not be peace officers.
(7) One member shall be an educator or trainer in the field of criminal justice.
(8) 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.
(c) 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.

(c)

(d) The Attorney General shall be an ex officio member of the commission.

(d)Of the members first appointed by the Governor, 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. Their successors

(e) 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.

(e)The additional member provided for by the Legislature in its 1973–74 Regular Session shall be appointed by the Governor on or before January 15, 1975, and shall serve for a term of three years.

(f)The additional member provided for by the Legislature in its 1977–78 Regular Session shall be appointed by the Governor on or after July 1, 1978, and shall serve for a term of three years.

(g)The additional members provided for by the Legislature in its 1999–2000 Regular Session shall be appointed by the Governor on or before July 1, 2000, and shall serve for a term of three years.

(h)The additional member provided for by the Legislature in its 2007–08 Regular Session shall be appointed by the Governor on or before January 31, 2008, and shall serve for a term of three years.