POST Monthly Report

December 2023

Keeping you up to date on POST projects

Executive Director’s Message

Many Alvarez — Executive Director Manny Alvarez

BY MANNY ALVAREZ, JR.

The year 2023 was a productive and precedent setting year. To bring uniformity across the state for the hiring of all peace officers, the Commission on Peace Officer Standards and Training (POST) mandated the use of the POST Personal History Statement, the Medical and Psychological Suitability Declaration forms, as well as a standardized reporting format for all background investigations. We deployed a new 40-hour Robert Presley Institute of Criminal Investigation course titled “Science-based Interviewing.” We instituted Learning Domain 14 – Officer Wellness in the Regular Basic Course, and we completed an entire overhaul of the Public Safety Dispatcher’s Basic Course, a course which is now 160 hours and modernized for today’s operational environment. After extensive information technology planning and coordination, coupled with a $1.7 million investment, we transitioned the POST Learning Portal to the Blackboard platform. In the interest of greater transparency, we procured equipment and started live-streaming all public meetings, including those not hosted at the POST business office in West Sacramento.

We put long-term policies and procedures in motion for the certification of peace officers. Pursuant to legislation, on January 1, 2023, we started receiving serious misconduct allegations, complaints, and charges from law enforcement agencies and members of the public. In total, POST received over 21,000 allegations from the law enforcement community, and more than 400 complaints from members of the public. As a result, POST initiated more than 160 individual certification actions in 2023.

Each year brings new challenges and important work to POST, and 2023 was no different. As always, we appreciate the support provided to us by those in and around California State Government, the various law enforcement professionals, and the many private citizens who devote their time and assistance to make California law enforcement professionals the best in the nation.

In conclusion, POST owes a debt of gratitude to the following staff, all of whom retired in 2023:

Ron Crook, Learning Technology Resources Bureau
Steven Harding, Professional Conduct Central Bureau
Scott Campbell, Professional Conduct Los Angeles County Bureau
Maria Sandoval, Executive Office
Charles Sandoval, Training Delivery and Compliance Bureau
Don Lane, Training Program Services Bureau
Vicki Nelson, Computer Services Bureau
Keri Nunez, Executive Office
Maria Goshop, Strategic Communications and Research Bureau

Basic Course Certification Review of Cerro Coso Community College’s Module II Program

On November 28-30, 2023, the Basic Training Bureau (BTB) conducted a Basic Course Certification Review (BCCR) of Cerro Coso Community College’s Module II Program. The BCCR is an in-depth review of Basic Course presenters and the certification of their courses to promote the quality, integrity, and safety of entry-level peace officer training in California. POST ensures all certified Basic Course presenters follow Penal and Government Codes related to POST, Commission Regulations, Commission Procedures, and the Training and Testing Specifications.

For questions regarding the BCCR process, please contact Bill Lewis, Staff Services Manager with the Basic Training Bureau, at (916) 227-4856.

BTB Attends San Bernardino County Sheriff’s Department Graduation of Class #233

On December 14, 2023, staff in the BTB attended the graduation ceremony of the San Bernardino County Sheriff’s Department (SBCSD) Basic Academy Class #233. A total of 86 students, representing 18 law enforcement agencies, received their graduation certificates after completing 960 hours of academy training. Please join us in congratulating SBCSD Class #233 on this significant achievement.

Questions may be directed to Bill Lewis, Staff Services Manager with the Basic Training Bureau at (916) 227-4856.

Meet the New POST Employees

Dave Peletta

Law Enforcement Consultant II (Retired Annuitant)

Professional Conduct Southern Bureau

Dave comes to us from Sacramento Police Department where he served thirty-four years and retired at the rank of Deputy Police Chief. Dave worked in or supervised every division in the police department which included Patrol, Narcotics, POP, Reserve/Supplemental Employment, Internal Affairs, EVOC, Investigations, Special Operations, South Area Commander, Operations & Specialized Services Chief. Dave has a Bachelor of Arts Degree from California State University, Sacramento, and a Master’s Degree from California State University, Long Beach. Dave is assigned as a Law Enforcement Consultant in the Professional Conduct Southern Bureau.

Ashley Hodel

Staff Services Analyst

Human Resources Bureau

Ashley comes to us from the Department of Transportation (Caltrans) where she served as an Office Technician. Ashley is assigned as a Staff Services Analyst in the Human Resources Bureau.

Recently Approved Rulemaking Files

The following is a list of recently approved rulemaking files proposed by the Commission on POST. The Office of Administrative Law reviews these rulemaking files to ensure compliance with the Administrative Procedures Act.

View all Commission on POST Regulatory Actions.

Amend Definitions Related to Peace Officer Certification
Commission Regulation 1201
Approved November 17, 2023
Effective January 1, 2024
OAL Notice of Approval and Approved Text (pdf)
Adopt Address of Record
Commission Regulation 1215
Approved November 14, 2023
Effective November 14, 2023
OAL Notice of Approval and Approved Text (pdf)

Additional information regarding the Commission Regulation changes can be obtained by contacting the Regulations Analyst at (916) 227-4894.

Legislative Update

Status of Current Legislation

The following is a list of bills POST monitored during the 2023-24 Legislative Session. These bills could have an impact on POST operations or be of significant interest to law enforcement partners. It is not a complete list. The next Legislative Session will begin on January 3, 2024. (Updated 12/21/2023)

View a detailed report on legislative matters pertaining to law enforcement and POST.

Bill # and Author	Title and Summary	Status of Bill
AB 21 Assembly Member Gipson	Peace officers: training Current law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Current law requires POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimer’s disease or dementia.	Introduced: 12/6/2022 5/19/2023-A. 2 YEAR
AB 44 Assembly Member Ramos	California Law Enforcement Telecommunications System: tribal police Current 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. Current law also establishes a CLETS advisory committee, appointed by the Attorney General, to assist in the management of the system, as specified. This bill would require the department to grant access to the system to the law enforcement agency of a federally recognized Indian tribe meeting certain qualifications, as specified.	Enrollment: 9/21/2023 Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 638, Statutes of 2023.
AB 93 Assembly Member Bryan	Criminal procedure: consensual searches Would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effects, based solely on a person’s consent, as specified. The bill would specify that consent to conduct a search is not lawful justification for a search.	Last Amend: 5/30/2023 Status: 6/2/2023-A. 2 YEAR
AB 330 Assembly Member Dixon	Domestic violence: victim’s information card. Current law requires law enforcement agencies to develop and implement written policies for officer responses to domestic violence incidents, including furnishing written notice to victims at the scene in the form of a Victims of Domestic Violence card that contains, among other information, telephone numbers for local hotlines, shelters, and counseling centers. This bill would add the issuance of Victims of Domestic Violence cards as a topic in the course of instruction for the training of law enforcement officers. This bill would additionally require the Victims of Domestic Violence card to be a different color than other cards issued by officers, to include a disclaimer, to be available in languages other than English, and to include various information such as the definition of domestic violence and the statute of limitations for domestic violence. This bill would make these changes operative on January 1, 2025. Because this bill would expand an existing local program, it would impose a state-mandated local program.	Last Amend: 2/28/2023 Status: 5/19/2023-A. 2 YEAR
AB 355 Assembly Member Alanis	Firearms: assault weapons: exception for peace officer training Current law requires the loan of a firearm to be processed through a licensed firearm dealer. Current law exempts from this requirement the loan of a firearm to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course. Current law prohibits the sale, transfer, or possession of a large-capacity magazine, as defined. Current law exempts from this prohibition the sale or transfer to, or the possession by, a peace officer or retired peace officer, as specified, or to or by a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course, as specified. Current law prohibits the sale, transfer, or possession of an assault weapon, as specified. Current law exempts from this prohibition the sale or transfer of an assault weapon to, or the possession of an assault weapon by, a peace officer, as specified. This bill would also exempt from this prohibition the loaning of an assault weapon to, or the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, while engaged in firearms training and being supervised by a firearms instructor.	Chaptered: 9/26/2023 Status: 9/26/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 235, Statutes of 2023.
AB 390 Assembly Member Henry	Commission on Peace Officers Standards and Training: assessment of training requirements. Would require the Commission on Peace Officer Standards and Training to perform specified duties, including, among other things, partnering with academic researchers to conduct an assessment of existing officer training requirements and determining how well the current officer training requirements are working for officers in the field. The bill would require the commission to report its findings to the Legislature by January 1, 2026.	Introduced: 2/2/2023 Status: 5/19/2023-A. 2 YEAR
AB 443 Assembly Member Jackson	Peace officers: determination of bias. Current law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer. This bill would, commencing January 1, 2026, require the Commission on Peace Officer Standards and Training (POST) to establish a definition of “biased conduct,” as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias, and to determine if any racial profiling occurred, as defined. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants.	Enrollment: 9/20/2023 Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 439, Statutes of 2023.
AB 449 Assembly Member Ting	Hate crimes: law enforcement policies Would make adoption of a hate crimes policy by a local law enforcement agency mandatory. The bill would require those policies to include the supplemental hate crime report in the model policy framework developed by the commission and a schedule of hate crime or related trainings the agency conducts. By imposing requirements on local agencies, this bill would impose a state-mandated local program.	Enrollment: 9/18/2023 Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 524, Statutes of 2023.
AB 642 Assembly Member Ting	Law enforcement agencies: facial recognition technology Would, commencing July 1, 2024, require any law enforcement agency, as defined, that uses facial recognition technology (FRT), as defined, to have a written policy governing the use of that technology. The bill would require any FRT system used to meet certain national standards and would limit the use of FRT to use as an investigative aid, as described. The bill would specifically prohibit the use of any FRT-generated match from being the sole basis for probable cause in an arrest, search, or warrant. The bill would also require an agency using FRT to post their written policy and an annual summary of FRT usage, as specified, on their internet website.	Last Amend: 5/1/2023 Status: 5/19/2023-A. 2 YEAR
AB 667 Assembly Member Maienschein	Firearms: gun violence restraining orders Current law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Current law makes it a crime to own or possess a firearm in violation of a gun violence restraining order. This bill would increase the renewal period to a maximum of 10 years, instead of 5, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.	Introduced: 2/13/2023 Status: 4/28/2023-A. 2 YEAR
AB 725 Assembly Member Lowenthal	Firearms: reporting of lost and stolen firearms Current law requires a person to report any lost or stolen firearm to a law enforcement agency, as specified. A violation of this provision is punishable as an infraction or misdemeanor. Current law also requires the sheriff or chief of the law enforcement agency receiving such a report to enter a description of the lost or stolen firearm into the Department of Justice Automated Firearms System. Current law defines a firearm for purposes of these provisions. This bill would amend how a firearm is defined for purposes of these provisions to include the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part.	Chaptered: 9/26/2023 Status: 9/26/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 239, Statutes of 2023.
AB 742 Assembly Member Jackson	Law enforcement: police canines Would prohibit the use of an unleashed police canine by law enforcement to apprehend a person unless the person is being pursued for a felony that threatened or resulted in the death of or serious bodily injury to another person and the person poses an imminent danger of death or serious bodily injury to the officer or to another person and any use of a police canine for crowd control. The bill would prohibit a police canine from being used to bite unless there is an imminent threat of death or serious bodily injury to the officer or another person by the person against whom the canine is used. The bill would attribute the death of or serious bodily injury to a person caused by a police canine to the canine‘s handler as constituting deadly force. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.	Last Amend: 5/18/2023 Status: 6/2/2023-A. 2 YEAR
AB 750 Assembly Member Rodriguez	Menace to public health: closure by law enforcement Current law authorizes specified law enforcement and public safety officers and professionals to close an area where a menace to the public health or safety is created by a calamity, including flood, storm, fire, earthquake, explosion, accident, or other disaster, and makes it a misdemeanor for a person to enter an area closed by law enforcement for this purpose. This bill specifies that a duly authorized representative of a news service, newspaper, or radio or television station or network is not authorized to transport, facilitate the entry, or facilitate the transport of a person into an area closed as specified, if that person is not a duly authorized representative of a news service, newspaper, or radio or television station or network.	Chaptered: 6/29/2023 Status: 6/29/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 17, Statutes of 2023.
AB 797 Assembly Member Weber	Local government: police review boards Current law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Current law also requires each department or agency to keep and maintain records of complaints and investigations, as specified. This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a person’s death.	Last Amend: 3/23/2023 Status: 4/28/2023-A. 2 YEAR
AB 856 Assembly Member Nguyen, Stephanie	Peace officers: active shooter and rescue training 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.	Last Amend: 3/9/2023 Status: 4/28/2023-A. 2 YEAR
AB 994 Assembly Member Jackson	Law enforcement: social media Current law prohibits a police department or sheriff’s office from sharing, on social media, booking photos of an individual arrested on suspicion of committing a nonviolent crime, as defined, unless specified circumstances exist. Current law requires a police department or sheriff’s office that shares, on social media, a booking photo of an individual arrested for the suspected commission of a nonviolent crime to remove the information from its social media page, upon request, unless the same specified circumstances exist. Current law also requires a police department or sheriff’s office to remove the booking photo of a person who has committed any other crime from social media if the individual’s record has been sealed, the individual’s conviction has been dismissed, expunged, pardoned, or eradicated, the individual has been issued a certificate of rehabilitation, the individual is found not guilty of committing the crime for which they were arrested, or the individual was ultimately not charged with the crime or the charges were dismissed. With respect to an individual who has been arrested for any crime, this bill would require a police department or sheriff’s office, upon posting a booking photo on social media, to use the name and pronouns given by the individual arrested. The bill would authorize a police department or sheriff’s office to use other legal names or known aliases of an individual in limited specified circumstances.	Chaptered: 9/23/2023 Status: 9/23/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 224, Statutes of 2023.
AB 1133 Assembly Member Schiavo	Firearms: concealed carry licenses Current law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, acceptable to the licensing authority. Current law requires the course of training to be no less than 8 hours, include instruction on firearm handling and shooting technique, as specified, and to include live-fire exercises conducted on a firing range. Current law provides that, for license renewal applicants, the course of training may be any course acceptable to the licensing authority, must be no less than 4 hours, and must meet the above-described requirements. This bill would remove the requirement that the course of training be any course acceptable to the licensing authority, and instead require the Department of Justice to develop, evaluate, update, maintain, and publish a standardized curricula for a license to carry a concealed firearm. The bill would require the department to create a standardized test, as specified, and to make that test available on a web portal. The bill would require an applicant to submit proof of passing that examination as part of an application to carry a concealed firearm.	Last Amend: 6/29/2023 Status: 9/1/2023 - S. 2 YEAR
AB 1299 Assembly Member Jackson	School safety: school resource officers: school police officers: school safety plans Current law authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and employ peace officers to ensure the safety of school district personnel and pupils, as provided. This bill would require a peace officer, including a school resource officer, or any other law enforcement official acting as a school resource officer, employed by the governing board of a school district to report directly to the principal of the school while on the school campus, except as provided.	Last Amend: 3/30/2023 Status: 4/28/2023-A. 2 YEAR
SB 50 Senator Bradford	Vehicles: enforcement. Under current law, it is unlawful to disobey the lawful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code. Current case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the Fourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under current case law, the decision to stop an automobile is reasonable if the police have probable cause to believe that a traffic violation has occurred. Current case law holds that constitutional reasonableness of traffic stops does not depend on the actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred. This bill would prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, as defined, unless a separate, independent basis for a stop exists. The bill would authorize a peace officer who does not have grounds to stop a vehicle or bicycle, but can determine the identity of the owner, to send a citation or warning letter to the owner.	Last Amend: 9/7/2023 Status: 9/14/2023 INACTIVE - 2 YEAR
SB 449 Senator Bradford	Peace officers: Peace Officer Standards Accountability Advisory Board Current law defines “certification” as a valid and unexpired basic certificate or proof of eligibility to serve as a peace officer issued by the Commission on Peace Officer Standards and Training. The bill would redefine “certification” to mean any and all valid and unexpired certificates issued by the commission, as specified. This bill contains other related provisions and other existing laws.	Enrollment: 9/20/2023 Status: 10/7/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 397, Statutes of 2023.
SB 852 Senator Rubio	Searches: supervised persons Current law authorizes courts to suspend the imposition or execution of punishments in misdemeanor cases and instead enforce the terms of probation. Current law authorizes the conditions of probation to include a waiver of the person’s right to refuse searches. This bill would clarify that a search of a person who is granted probation and subject to search or seizure must be performed only by a probation officer or other peace officer.	Chaptered: 9/22/2023 Status: 9/22/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 218, Statutes of 2023.

Bill # and Author

Title and Summary

Status of Bill

AB 21

Assembly Member Gipson

Peace officers: training

Current law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Current law requires POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimer’s disease or dementia.

Introduced: 12/6/2022

5/19/2023-A. 2 YEAR

AB 44

Assembly Member Ramos

California Law Enforcement Telecommunications System: tribal police

Current 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. Current law also establishes a CLETS advisory committee, appointed by the Attorney General, to assist in the management of the system, as specified. This bill would require the department to grant access to the system to the law enforcement agency of a federally recognized Indian tribe meeting certain qualifications, as specified.

Enrollment: 9/21/2023

Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 638, Statutes of 2023.

AB 93

Assembly Member Bryan

Criminal procedure: consensual searches

Would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effects, based solely on a person’s consent, as specified. The bill would specify that consent to conduct a search is not lawful justification for a search.

Last Amend: 5/30/2023

Status: 6/2/2023-A. 2 YEAR

AB 330

Assembly Member Dixon

Domestic violence: victim’s information card.

Current law requires law enforcement agencies to develop and implement written policies for officer responses to domestic violence incidents, including furnishing written notice to victims at the scene in the form of a Victims of Domestic Violence card that contains, among other information, telephone numbers for local hotlines, shelters, and counseling centers. This bill would add the issuance of Victims of Domestic Violence cards as a topic in the course of instruction for the training of law enforcement officers. This bill would additionally require the Victims of Domestic Violence card to be a different color than other cards issued by officers, to include a disclaimer, to be available in languages other than English, and to include various information such as the definition of domestic violence and the statute of limitations for domestic violence. This bill would make these changes operative on January 1, 2025. Because this bill would expand an existing local program, it would impose a state-mandated local program.

Last Amend: 2/28/2023

Status: 5/19/2023-A. 2 YEAR

AB 355

Assembly Member Alanis

Firearms: assault weapons: exception for peace officer training

Current law requires the loan of a firearm to be processed through a licensed firearm dealer. Current law exempts from this requirement the loan of a firearm to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course. Current law prohibits the sale, transfer, or possession of a large-capacity magazine, as defined. Current law exempts from this prohibition the sale or transfer to, or the possession by, a peace officer or retired peace officer, as specified, or to or by a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course, as specified. Current law prohibits the sale, transfer, or possession of an assault weapon, as specified. Current law exempts from this prohibition the sale or transfer of an assault weapon to, or the possession of an assault weapon by, a peace officer, as specified. This bill would also exempt from this prohibition the loaning of an assault weapon to, or the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, while engaged in firearms training and being supervised by a firearms instructor.

Chaptered: 9/26/2023

Status: 9/26/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 235, Statutes of 2023.

AB 390

Assembly Member Henry

Commission on Peace Officers Standards and Training: assessment of training requirements.

Would require the Commission on Peace Officer Standards and Training to perform specified duties, including, among other things, partnering with academic researchers to conduct an assessment of existing officer training requirements and determining how well the current officer training requirements are working for officers in the field. The bill would require the commission to report its findings to the Legislature by January 1, 2026.

Introduced: 2/2/2023

Status: 5/19/2023-A. 2 YEAR

AB 443

Assembly Member Jackson

Peace officers: determination of bias.

Current law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer. This bill would, commencing January 1, 2026, require the Commission on Peace Officer Standards and Training (POST) to establish a definition of “biased conduct,” as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias, and to determine if any racial profiling occurred, as defined. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants.

Enrollment: 9/20/2023

Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 439, Statutes of 2023.

AB 449

Assembly Member Ting

Hate crimes: law enforcement policies

Would make adoption of a hate crimes policy by a local law enforcement agency mandatory. The bill would require those policies to include the supplemental hate crime report in the model policy framework developed by the commission and a schedule of hate crime or related trainings the agency conducts. By imposing requirements on local agencies, this bill would impose a state-mandated local program.

Enrollment: 9/18/2023

Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 524, Statutes of 2023.

AB 642

Assembly Member Ting

Law enforcement agencies: facial recognition technology

Would, commencing July 1, 2024, require any law enforcement agency, as defined, that uses facial recognition technology (FRT), as defined, to have a written policy governing the use of that technology. The bill would require any FRT system used to meet certain national standards and would limit the use of FRT to use as an investigative aid, as described. The bill would specifically prohibit the use of any FRT-generated match from being the sole basis for probable cause in an arrest, search, or warrant. The bill would also require an agency using FRT to post their written policy and an annual summary of FRT usage, as specified, on their internet website.

Last Amend: 5/1/2023

Status: 5/19/2023-A. 2 YEAR

AB 667

Assembly Member Maienschein

Firearms: gun violence restraining orders

Current law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Current law makes it a crime to own or possess a firearm in violation of a gun violence restraining order. This bill would increase the renewal period to a maximum of 10 years, instead of 5, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

Introduced: 2/13/2023

Status: 4/28/2023-A. 2 YEAR

AB 725

Assembly Member Lowenthal

Firearms: reporting of lost and stolen firearms

Current law requires a person to report any lost or stolen firearm to a law enforcement agency, as specified. A violation of this provision is punishable as an infraction or misdemeanor. Current law also requires the sheriff or chief of the law enforcement agency receiving such a report to enter a description of the lost or stolen firearm into the Department of Justice Automated Firearms System. Current law defines a firearm for purposes of these provisions. This bill would amend how a firearm is defined for purposes of these provisions to include the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part.

Chaptered: 9/26/2023

Status: 9/26/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 239, Statutes of 2023.

AB 742

Assembly Member Jackson

Law enforcement: police canines

Would prohibit the use of an unleashed police canine by law enforcement to apprehend a person unless the person is being pursued for a felony that threatened or resulted in the death of or serious bodily injury to another person and the person poses an imminent danger of death or serious bodily injury to the officer or to another person and any use of a police canine for crowd control. The bill would prohibit a police canine from being used to bite unless there is an imminent threat of death or serious bodily injury to the officer or another person by the person against whom the canine is used. The bill would attribute the death of or serious bodily injury to a person caused by a police canine to the canine‘s handler as constituting deadly force. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.

Last Amend: 5/18/2023

Status: 6/2/2023-A. 2 YEAR

AB 750

Assembly Member Rodriguez

Menace to public health: closure by law enforcement

Current law authorizes specified law enforcement and public safety officers and professionals to close an area where a menace to the public health or safety is created by a calamity, including flood, storm, fire, earthquake, explosion, accident, or other disaster, and makes it a misdemeanor for a person to enter an area closed by law enforcement for this purpose. This bill specifies that a duly authorized representative of a news service, newspaper, or radio or television station or network is not authorized to transport, facilitate the entry, or facilitate the transport of a person into an area closed as specified, if that person is not a duly authorized representative of a news service, newspaper, or radio or television station or network.

Chaptered: 6/29/2023

Status: 6/29/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 17, Statutes of 2023.

AB 797

Assembly Member Weber

Local government: police review boards

Current law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Current law also requires each department or agency to keep and maintain records of complaints and investigations, as specified. This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a person’s death.

Last Amend: 3/23/2023

Status: 4/28/2023-A. 2 YEAR

AB 856

Assembly Member Nguyen, Stephanie

Peace officers: active shooter and rescue training

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.

Last Amend: 3/9/2023

Status: 4/28/2023-A. 2 YEAR

AB 994

Assembly Member Jackson

Law enforcement: social media

Current law prohibits a police department or sheriff’s office from sharing, on social media, booking photos of an individual arrested on suspicion of committing a nonviolent crime, as defined, unless specified circumstances exist. Current law requires a police department or sheriff’s office that shares, on social media, a booking photo of an individual arrested for the suspected commission of a nonviolent crime to remove the information from its social media page, upon request, unless the same specified circumstances exist. Current law also requires a police department or sheriff’s office to remove the booking photo of a person who has committed any other crime from social media if the individual’s record has been sealed, the individual’s conviction has been dismissed, expunged, pardoned, or eradicated, the individual has been issued a certificate of rehabilitation, the individual is found not guilty of committing the crime for which they were arrested, or the individual was ultimately not charged with the crime or the charges were dismissed. With respect to an individual who has been arrested for any crime, this bill would require a police department or sheriff’s office, upon posting a booking photo on social media, to use the name and pronouns given by the individual arrested. The bill would authorize a police department or sheriff’s office to use other legal names or known aliases of an individual in limited specified circumstances.

Chaptered: 9/23/2023

Status: 9/23/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 224, Statutes of 2023.

AB 1133

Assembly Member Schiavo

Firearms: concealed carry licenses

Current law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, acceptable to the licensing authority. Current law requires the course of training to be no less than 8 hours, include instruction on firearm handling and shooting technique, as specified, and to include live-fire exercises conducted on a firing range. Current law provides that, for license renewal applicants, the course of training may be any course acceptable to the licensing authority, must be no less than 4 hours, and must meet the above-described requirements. This bill would remove the requirement that the course of training be any course acceptable to the licensing authority, and instead require the Department of Justice to develop, evaluate, update, maintain, and publish a standardized curricula for a license to carry a concealed firearm. The bill would require the department to create a standardized test, as specified, and to make that test available on a web portal. The bill would require an applicant to submit proof of passing that examination as part of an application to carry a concealed firearm.

Last Amend: 6/29/2023

Status: 9/1/2023 - S. 2 YEAR

AB 1299

Assembly Member Jackson

School safety: school resource officers: school police officers: school safety plans

Current law authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and employ peace officers to ensure the safety of school district personnel and pupils, as provided. This bill would require a peace officer, including a school resource officer, or any other law enforcement official acting as a school resource officer, employed by the governing board of a school district to report directly to the principal of the school while on the school campus, except as provided.

Last Amend: 3/30/2023

Status: 4/28/2023-A. 2 YEAR

SB 50

Senator Bradford

Vehicles: enforcement.

Under current law, it is unlawful to disobey the lawful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code. Current case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the Fourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under current case law, the decision to stop an automobile is reasonable if the police have probable cause to believe that a traffic violation has occurred. Current case law holds that constitutional reasonableness of traffic stops does not depend on the actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred. This bill would prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, as defined, unless a separate, independent basis for a stop exists. The bill would authorize a peace officer who does not have grounds to stop a vehicle or bicycle, but can determine the identity of the owner, to send a citation or warning letter to the owner.

Last Amend: 9/7/2023

Status: 9/14/2023 INACTIVE - 2 YEAR

SB 449

Senator Bradford

Peace officers: Peace Officer Standards Accountability Advisory Board

Current law defines “certification” as a valid and unexpired basic certificate or proof of eligibility to serve as a peace officer issued by the Commission on Peace Officer Standards and Training. The bill would redefine “certification” to mean any and all valid and unexpired certificates issued by the commission, as specified. This bill contains other related provisions and other existing laws.

Enrollment: 9/20/2023

Status: 10/7/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 397, Statutes of 2023.

SB 852

Senator Rubio

Searches: supervised persons

Current law authorizes courts to suspend the imposition or execution of punishments in misdemeanor cases and instead enforce the terms of probation. Current law authorizes the conditions of probation to include a waiver of the person’s right to refuse searches. This bill would clarify that a search of a person who is granted probation and subject to search or seizure must be performed only by a probation officer or other peace officer.

Chaptered: 9/22/2023

Status: 9/22/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 218, Statutes of 2023.

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