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AB-856 Peace officers: active shooter and rescue training.(2023-2024)

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Date Published: 03/09/2023 09:00 PM
AB856:v98#DOCUMENT

Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 856

Introduced by Assembly Member Stephanie Nguyen

February 14, 2023

An act to amend Section 832 of add Chapter 2 (commencing with Section 13570) to Title 4 of Part 4 of the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 856, as amended, Stephanie Nguyen. Peace officers. officers: active shooter and rescue training.
Existing law provides that it is the intent of the Legislature that all public schools, in kindergarten and grades 1 to 12, inclusive, operated by school districts, in cooperation with specified entities and individuals, develop a comprehensive school safety plan, as provided. Existing law requires a comprehensive school safety plan to include the development of procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions.
This bill would establish the Statewide Active Shooter and Student Rescue Training Facility for purposes of training sheriff’s departments, municipal police departments, school law enforcement agencies, statewide law enforcement agencies, municipal emergency medical and fire personnel, and school educators and personnel from across the state for preparedness training for active shooter situations at school facilities, as specified. The bill would require the training facility to be located at the Sacramento County Sheriff Department’s Kenneth Royal Range Facility and managed by the Sacramento County Sheriff’s Department. The bill would require training to be conducted by law enforcement officers employed or under contract with the Sacramento County Sheriff’s Department and other regional experts with whom the Sacramento County Sheriff’s Department has entered into a memorandum of understanding. The bill would require all training to be consistent with current Sacramento County Sheriff’s Department policies and adhere to training standards developed by the Commission on Peace Officer Standards and Training. By requiring training to be conducted by, and the training facility to be managed by, the Sacramento County Sheriff Department, this bill would impose a state-mandated local program.
The bill would also require that the training facility be used for the purposes of human trafficking-related incidents and shall provide simulation training to law enforcement agencies on the rescue and extraction of victims of human trafficking from structures used to illegally house and transport victims of human trafficking.
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.

Existing law requires a peace officer, as defined, to complete an introductory training course prescribed by the Commission on Peace Officer Standards and Training and to pass an examination developed and approved by the commission.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Chapter 2 (commencing with Section 13570) is added to Title 4 of Part 4 of the Penal Code, to read:
CHAPTER  2. Peace Officer Training Facilities and Programs

13570.
 (a) The Statewide Active Shooter and Student Rescue Training Facility is hereby established for the purposes of training sheriff’s departments, municipal police departments, school law enforcement agencies, statewide law enforcement agencies, municipal emergency medical and fire personnel, and school educators and personnel from across the state for preparedness training for active shooter situations at school facilities.
(b) The training facility shall be located at the Sacramento County Sheriff Department’s Kenneth Royal Range Facility located at 12500 Bruceville Road in the City of Elk Grove. The facility shall be managed by the Sacramento County Sheriff’s Department.
(c) Training at the facility shall be conducted by law enforcement officers employed or under contract with the Sacramento County Sheriff’s Department and other regional experts with whom the Sacramento County Sheriff’s Department has entered into a memorandum of understanding.
(d) The training facility shall provide simulations for neutralizing active shooters and for the rescue and extraction of students and personnel for all K–12 school and higher education sites and facilities used for education-related events.
(e) All training shall be consistent with current Sacramento County Sheriff’s Department policies and adhere to training standards developed by the Commission on Peace Officer Standards and Training.
(f) Training may be provided on all of the following topics:
(1) Less than lethal force application.
(2) Communications and critical incident negotiations.
(3) Intelligence-gathering equipment, such as indoor drones.
(4) Emergency medical response and care.
(5) School staff awareness and policy and procedures for lockdowns and escape plans for student and staff safety.
(6) Live scenario training and classroom instruction.
(g) The training facility shall also serve as a training facility for the purposes of human trafficking-related incidents and shall provide simulation training to law enforcement agencies on the rescue and extraction of victims of human trafficking from structures used to illegally house and transport victims of human trafficking.

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.
SECTION 1.Section 832 of the Penal Code is amended to read:
832.

(a)A person described in this chapter as a peace officer shall satisfactorily complete an introductory training course prescribed by the Commission on Peace Officer Standards and Training. On or after July 1, 1989, satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by the commission. Training in the carrying and use of firearms shall not be required of a peace officer whose employing agency prohibits the use of firearms.

(b)(1)A peace officer described in this chapter, prior to the exercise of the powers of a peace officer, shall have satisfactorily completed the training course described in subdivision (a).

(2)A peace officer described in Section 13510 or in subdivision (a) of Section 830.2 may satisfactorily complete the training required by this section as part of the training prescribed pursuant to Section 13510.

(c)A person described in this chapter as a peace officer who has not satisfactorily completed the course described in subdivision (a), as specified in subdivision (b), shall not have the powers of a peace officer until they satisfactorily complete the course.

(d)A peace officer who, on March 4, 1972, possesses or is qualified to possess the basic certificate as awarded by the Commission on Peace Officer Standards and Training is exempted from this section.

(e)(1)A person completing the training described in subdivision (a) who does not become employed as a peace officer within three years from the date of passing the examination described in subdivision (a), or who has a three-year or longer break in service as a peace officer, shall pass the examination described in subdivision (a) prior to the exercise of the powers of a peace officer, except for a person described in paragraph (2).

(2)The requirement in paragraph (1) does not apply to a person who meets any of the following requirements:

(A)Is returning to a management position that is at the second level of supervision or higher.

(B)Has successfully requalified for a basic course through the Commission on Peace Officer Standards and Training.

(C)Has maintained proficiency through teaching the course described in subdivision (a).

(D)During the break in California service, was continuously employed as a peace officer in another state or at the federal level.

(E)Has previously met the requirements of subdivision (a), has been appointed as a peace officer under subdivision (c) of Section 830.1, and has been continuously employed as a custodial officer as defined in Section 831 or 831.5 by the agency making the peace officer appointment since completing the training prescribed in subdivision (a).

(f)The commission may charge appropriate fees for the examination required by subdivision (e), not to exceed actual costs.

(g)Notwithstanding any other law, the commission may charge appropriate fees for the examination required by subdivision (a) to each applicant who is not sponsored by a local or other law enforcement agency, or is not a peace officer employed by, or under consideration for employment by, a state or local agency, department, or district, or is not a custodial officer as defined in Sections 831 and 831.5. The fees shall not exceed actual costs.

(h)(1)When evaluating a certification request from a probation department for a training course described in this section, the commission shall deem there to be an identifiable and unmet need for the training course.

(2)A probation department that is a certified provider of the training course described in this section shall not be required to offer the course to the general public.