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POST Monthly Report

June 2023

Keeping you up to date on POST projects

Instructor Development Institute Master Instructor Certification Course, Class 13 Graduation

MICC 13 Class Graduation
MICC 13 Class Graduation

On June 22, 2023, in San Diego County, ten students graduated from the Peace Officer Standards and Training (POST) Instructor Development Institute (IDI) Master Instructor Certification Course (MICC). Each graduate has exercised the necessary due diligence required to earn POST Certification.

This class successfully completed all prior work levels from the program and successfully completed the MICC requirements of designing, developing, and delivering a minimum of a 24-hour course that met a demonstrated law enforcement training need.
  
The ten graduates, and the courses they developed, are listed as follows:

  • Michael J. Cruz, San Diego County Sheriff’s Department, Project: ATV Instructor Train the Trainer
  • Mark Durmisevich II, San Bernardino County Sheriff’s Department, Project: Achieving Success through Accountability and Respect (Duty to Intercede)
  • Jennifer Dwyer, California Commission on Peace Officer Standards and Training, Project: Dispatch Center Management
  • Richard S. Engersbach, Los Angeles County Sheriff’s Department, Project: Dispatch Crisis Intervention I 360
  • Chad Farley, Torrance Police Department, Project: How to be an Explorer Advisor
  • Michele Fisher, San Francisco Sheriff’s Department, Project: Electronic Monitoring Program Management for Law Enforcement Personnel
  • Joela Jimenez, San Bernardino County Sheriff’s Department, Project: A Whole-Body Approach to a Road to Wellness
  • Jorge M. Ramirez, Monterey County District Attorney’s Office, Project: Investigating the Legal Cannabis Industry
  • Nancy Rissi, Riverside County Sheriff’s Department, Project: Basic In-Custody Death Investigation
  • Michael Smiley, Arroyo Grande Police Department, Project: Peer Support: A Culturally Competent Look at the Seasons of Law Enforcement

Law enforcement agencies can use MICC graduates in the transfer of training or learning for technical skill acquisition, knowledge acquisition, and critical thinking and problem-solving.

Questions regarding this program may be directed to William Baldwin, Law Enforcement Consultant with the Training Program Services Bureau, at (916) 227-4263.

Excellence in Training and O.J. “Bud” Hawkins Awards Nomination Period Now Open  

Sergeant Justin Bugarin and Lieutenant Casey Hill
Awards Nomination

Starting July 1, 2023, POST will begin accepting nomination applications for the 2023 Excellence in Training and O.J. “Bud” Hawkins Awards.
 
The Excellence in Training Awards annually recognizes truly outstanding law enforcement trainers in three categories: Individual Achievement, Organizational Achievement, and Lifetime Achievement. For more information and how to nominate, please visit the POST Website.

The annual O.J. “Bud” Hawkins Award recognizes individuals including, dedicated POST staff, subject matter experts, the POST Advisory Committee, and POST Commission members, who attain excellence in service, set high standards, and their creativity, perseverance, and dedication towards improving the California law enforcement profession. Named after the long-time representative to the POST Commission for the Attorney General, the O.J. “Bud” Hawkins Award is awarded to those who have made a difference and a lasting contribution to the law enforcement community. For more information and how to nominate, please visit the POST Website

Nomination applications are due POST by Monday, December 4, 2023. The winners will be announced at the March 2024 Commission meeting and honored at a special ceremony during the June 2024 Commission meeting in West Sacramento.

For questions regarding the awards, please contact Jim Grottkau, Assistant Executive Director, at (916) 227-3935.

Caption: Pictured are the 2022 POST Excellence in Training Award Recipients. On the left, Sergeant Justin Bugarin, Individual Achievement recipient, and on the right, Lieutenant Casey Hill representing Stanislaus County Sheriff’s Office Regional Training Center, Organizational Achievement recipient.

Learning Technology Resources Bureau Releases New Training Manager Orientation Video

Trainig Manager Video
Training Manager Video

The Learning Technology Resources Bureau (LTR) is proud to announce the release of the new Training Manager Orientation Video. Through a light-hearted view of a training manager’s first day, this brief video reveals the many responsibilities often associated with training managers and the many resources available to them.

This video is available to view on the POST Website. Questions regarding this video may be directed to Mike Barnes, Law Enforcement Consultant with the Learning Technology Resources Bureau, at (916) 227-4889. For questions regarding training managers, please contact the Training Delivery and Compliance Bureau at (916) 227-4863.  

Basic Training Bureau Facilitates PC 832 Course Presenter Workshop

On May 31 - June 1, 2023, the Basic Training Bureau (BTB) facilitated a 12-hour PC 832 Course Presenter Workshop in West Sacramento. The workshop provided presenters of the PC 832 Arrest and PC 832 Firearms Courses with information about certifying and maintaining their basic courses. Topics included course certification requirements, testing and remedial training requirements, safety policy requirements, Commission Regulations and Training Procedures, and an overview of the Basic Course Certification Review process. 

For additional information regarding the PC 832 Arrest and PC 832 Firearms Courses, please contact Brandon Kiely, Law Enforcement Consultant with the Basic Training Bureau, at (916) 227-6498.

Basic Course Certification Review of Sacramento Police Department Basic Academy

BCCR Sacramento PD
BCCR Sacramento PD

The BTB recently conducted a Basic Course Certification Review (BCCR) of the Sacramento Police Department Basic Academy.

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 are in compliance with 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.

Basic Course Certification Review of Los Angeles Police Department PC 832 Course

BCCR LAPD
BCCR LAPD

The BTB recently conducted a PC 832 Arrest Basic Course Certification Review (BCCR) with the Los Angeles Police Department. 

The BCCR ensures the quality, integrity, and safety of entry-level peace officer training in California. POST ensures all certified PC 832 Basic Course presenters are in compliance with Penal and Government Codes related to POST, Commission Regulations, Commission Procedures, and the Training and Testing Specifications.

For more information regarding the BCCR process, please contact Brandon Kiely, Law Enforcement Consultant with the Basic Training Bureau, at (916) 227-6498.

Training Delivery and Compliance Bureau Provides Presentation at San Bernardino County Sheriff’s Department Background Investigator Course

TDC Background Inverstigator Course
TDC Background Inverstigator Course

On June 22, 2023, Law Enforcement Consultant Matthew O’Deane provided a 1.5-hour POST overview to the San Bernardino Sheriff’s Department Background Investigator Course at the Frank Bland Regional Training Center. There were 27 students from ten California agencies in attendance. The presentation included an overview of the POST audit process per PC §13512, which requires POST to make inquiries as necessary to determine if agencies in the POST program are adhering to selection and training standards contained in the Commission Regulations and in the California Penal and Government Codes. In July 2023, the background investigation course will be required for anyone conducting a POST background investigation. 

For questions, please contact your Regional Law Enforcement Consultant. To sign up for an available course, visit the POST Website to view the course catalog.

Meet the New POST Employees

William (Bill) Imboden

William (Bill) Imboden 

Law Enforcement Consultant II (Retired Annuitant)
Professional Conduct Bureau II

Bill recently retired after 34 years in law enforcement where he finished his career as the Chief of the Hercules Police Department. Prior to that, Bill was the Chief in Saint Helena and over the course of his career worked in almost every field in law enforcement. Bill is currently assigned as a Retired Annuitant LEC II with the Professional Conduct II Bureau.

Carrie Woolley

Carrie Woolley

Attorney III
Intake and Disposition Bureau

Carrie comes to POST having worked as an attorney in the Kings County Counsel office for almost a decade, and in the Merced County Counsel office for nearly a year where she worked closely with the counties’ Sheriff’s Offices and other departments on a variety of issues. Carrie is currently an Attorney III in the Legal Affairs Bureau. 

Christopher Clarke

Christopher Clarke

Staff Services Analyst
Certification Bureau

Chris comes to us from the California Department of Justice (DOJ) where he worked in the Professional Standards Group as a Staff Services Analyst. Prior to the DOJ, Chris worked as an intern for the California Governor’s Office of Emergency Services Homeland Security Division. Chris is currently assigned as the Staff Services Analyst in the Certification Bureau.

Skarli Pena-Larsen

Skarli Pena-Larsen

Information Technology Technician
Computer Services Bureau

Skarli has been coding and making projects since 2018. She has experience and interest in web design (HTML, CSS & JS) and programming (Python & C++). Skarli loves everything about the web. Prior to POST, Skarli worked for the California Department of Food and Agriculture, as a Student Assistant Web Developer, where her main duty was to help with the conversion of the website to a new template making sure it met the accessibility requirements. Skarli is excited to bring her life experience to the process of building fantastic looking websites to POST.

Naira Davtyan

Naira Davtyan

Staff Services Manager I (Supervisor)
Human Resources Bureau

Naira comes from the Department of Social Services (CDSS), where she served as the Career Executive Assignment (CEA) and Exempt Manager. Prior to CDSS, Naira worked for the Department of Housing and Community Development, where she served as the Classification and Pay Consultant as well as the Performance Management Consultant. Naira is currently a Staff Services Manager I (Specialist) in Human Resources (HR), where she is charged with the responsibility of the Telework Program, HR special projects, and CEA & Exempt Program.

Michael Matz

Michael Matz

Information Technology Associate
Computer Services Bureau

Michael comes to us from PayPal where he was an Information Technology Manager of Mobile Technologies. Prior to PayPal, Michael spent 12 years with Research in Motion (now known as BlackBerry). Michael is currently assigned as an Information Technology Associate in the Computer Services Bureau.

Tyler Crane-Hernandez

Tyler Crane-Hernandez

Staff Services Analyst
Human Resources

Tyler comes to us from the California Department of Parks and Recreation (CA State Parks) where he served as a Personnel Specialist. Prior to CA State Parks, Tyler worked for the California Department of Corrections and Rehabilitation, Salinas Valley as a Personnel Timekeeper. Tyler is currently assigned as a Staff Services Analyst in the Human Resources Bureau.

Recently Approved Rulemaking Files

Effective October 1, 2023

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.

Additional information regarding the Commission Regulation changes can be obtained by contacting the Regulations Analyst at (916) 227-2802.

Legislative Update

Status of Current Legislation

The following is a list of the legislation POST is monitoring for the 2023-24 legislative session. This is not a complete list of legislation that could affect law enforcement. This list is updated monthly. (Updated 6/26/2022)

List of current legislation
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.

Last Amend: 6/14/2023

Status: 5/31/2023-S. PUB. S.

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.

Last Amend: 6/19/2023

Status: 6/14/2023-S. PUB. S.

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.

Introduced: 2/6/2023

Status: 6/14/2023-S. PUB. S.

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.

Last Amend: 5/18/2023

Status:6/7/2023-S. PUB. S.

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.

Introduced: 2/13/2023

Status: 6/20/2023-S. APPR.

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.

Last Amend: 4/6/2023

Status: 6/23/2023-A. ENROLLED

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.

Last Amend: 5/2/2023

Status: 6/20/2023-S. JUD.

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: 4/13/2023

Status: 6/7/2023-S. PUB. S.

AB 1291

Assembly Member McCarty

Law enforcement settlements and judgments: reporting

Would require municipalities, as defined, to annually post on their internet websites specified information relating to settlements and judgments of $50,000 or more resulting from allegations of improper police conduct, including, among other information, amounts paid, broken down by individual settlement and judgment, information on bonds used to finance use of force settlement and judgment payments, and premiums paid for insurance against settlements or judgments resulting from allegations of improper police conduct. The bill would also require municipalities to annually post additional information pertaining to settlements and judgments, as specified, irrespective of the amount paid. By increasing requirements for local governments, this bill would impose a state-mandated local program.

Last Amend: 4/3/2023

Status: 6/20/2023-S. GOV. & F.

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: 5/18/2023

Status: 6/15/2023-A. PUB. S.

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.

Last Amend: 6/22/2023

Status: 6/15/2023-A. PUB. S.

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.

Last Amend: 6/7/2023

Status: 6/14/2023-A. THIRD READING

The POST Monthly Report is a monthly status report that informs POST Commissioners and the California law enforcement community of recent progress on POST projects and instructional programs under development, and other information of importance to our mission to continually enhance the professionalism of California law enforcement.

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