POST Monthly Report

November 2021

Keeping you up to date on POST projects

Basic Course Certification Review (BCCR) Conducted at the Palomar College Public Safety Training Center

BCCR Conducted at Palomar College Public Safety Training Center

In early November 2021, the POST Basic Training Bureau conducted a Basic Course Certification Review (BCCR) of the Palomar College Public Safety Training Center.

The BCCR is an in-depth review of Basic Course presenters regarding the certification of their courses. The BCCR ensures 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 (TTS).

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

POST Director/Coordinator Course

On November 16-19, 2021, the Basic Training Bureau facilitated the 24-hour Director/Coordinator Course in Folsom, CA. The course is mandated for all newly appointed directors and coordinators of the Basic Courses and must be completed within one-year of their appointment.

There were twenty-eight academy directors and coordinators from around the state who attended the course. The course included instruction on roles and responsibilities, Commission regulations and procedures, instructional design, instructional planning, quality, resources, Electronic Data Interchange (EDI), testing and remedial training requirements, liabilities and legal issues, legislative mandates, risk management and Academy safety protocols and the POST Basic Course Certification Review process.

For more information regarding the Director/Coordinator Course, please contact Kirk Bunch, Law Enforcement Consultant with the Basic Training Bureau, at (916) 227-3896.

POST Hosts Basic Course Certification Webinar

On October 19, 2021, the POST Basic Training Bureau (BTB) facilitated a Basic Course Certification webinar. The webinar provided presenters of the basic courses with information and clarification about the certification process that went into effect on April 1, 2021. Content covered the requirements for instructor resumes, expanded course outlines, breakdown of staff positions, test administration and security documents, and safety policies and budgets.

If you are interested in more information, please contact Jennifer Hardesty, Staff Services Manager with the Basic Training Bureau, at (916) 227-3917.

New Video Features Best Practices for Gun Violence Restraining Orders (GVRO) Cases

POST has released a brief information video as part of its ongoing series of Gun Violence Restraining Orders (GVRO) resources. This news-style video, Gun Violence Restraining Orders (GVRO): A Case Study, uses testimonials of an investigating officer and the subject of an abusive relationship to highlight key learning points for GVRO and to identify when, how, and why a GVRO should be considered, especially during routine calls other than domestic violence. Viewers learn that a GVRO may be an effective crisis intervention tool and how they can serve to fill the gap in many situations, such as in eventual mental health prohibitions, in crime cases prior to charges, or when cases are dropped but the potential for gun violence still exists. The program is available exclusively for streaming on the POST Learning Portal. Additional resources for GVRO are also available at the “GVRO Update Center” within the POST Learning Portal.

Questions about the new GVRO case study video may be directed to Ron Crook, Learning Technology Resources Bureau, at (916) 227-3913.

Mandates Minder Application Update

The POST Mandates Minder software application provides training managers easy access to California legislative mandates and POST mandates. Training managers can look up required mandates by position or refresher training. This tool has recently been updated and is available exclusively on the POST Learning Portal.

For questions, please contact Melanie Dunn with Training Delivery and Compliance Bureau, at (916) 227-4866.

Training Managers Course Presented in Windsor

On November 2-4, 2021, twenty-seven students attended the 24-hour Training Managers Course presented by Santa Rosa Junior College Public Safety Training Center. The course is designed for newly assigned training managers. Topics included developing a training plan, liability issues, and management of training records. Additionally, POST staff presented information on the POST Website, the Learning Portal, course certification, POST regulations, and agency compliance inspections.

Please contact Santa Rosa Junior College Public Safety Training Center, at (707) 836-2912, to register for the next course which is scheduled for February 1-3, 2022.

For questions regarding the course, contact Karen Lozito, Senior Consultant with Training Delivery and Compliance Bureau, at (916) 227-0471.

Government Training Agency (GTA) Management Course Development and Curriculum Update Workshop

On November 1-3, 2021, Consultants from the POST Training Program Services Bureau attended the Government Training Agency (GTA) presentation of the POST certified Management Course Development and Update Workshop, which was conducted at GTA Headquarters in San Diego, California. The workshop was attended by a spectrum of management course subject matter experts. During the meeting, colleagues from the California Highway Patrol (CHP) Organizational Development Section provided a detailed synopsis of CHP’s recently approved, POST certified Middle Management course. The course is specifically designed to motivate CHP middle management personnel to have a greater growth mindset. The curriculum is largely based on concepts contained in Daniel Coyle’s book, The Culture Code, and Franklin’s Covey’s, 4 Roles of Leadership. Although the CHP middle management course topics mirror topics depicted in POST Commission Procedure D-4, the CHP course content is neither equivalent, nor meets the required mandates described in POST Commission Procedure D-4.

For questions regarding the workshop, please contact Charles Evans, Law Enforcement Consultant with the Training Program Services Bureau, at (916) 215-4432.

The Robert Presley Institute of Criminal Investigation (ICI) Sexual Assault Investigation Course

POST’s Training Program Services Bureau attended the Institute of Criminal Investigation (ICI) Sexual Assault Investigation Course, which was presented by the Government Training Agency from November 1-5, 2021, in San Diego, CA. This course provides investigators with the specialized skills and knowledge necessary to conduct sexual assault investigations collaboratively, effectively, and objectively. This course provides instruction in the ethical challenges specific to sexual assault investigations, types of information that can be recovered using computer forensics, and the SART model to law enforcement. Investigators will be better equipped to cater their investigation with victim issues in mind, thus enhancing the likelihood of victim participation.

Additional information regarding the ICI Program can be found on the POST Website. Questions may also be directed to Gerald Fernandez, Law Enforcement Consultant with Training Program Services Bureau, (916) 227-3933.

Meet the New POST Employees

Becky Shannon

Staff Services Manager I

Human Resources

Becky comes to POST from the California Highway Patrol, where she has 14 years of experience in Human Resources.

Legislative Update

Status of Current Legislation

The following are the outcomes of legislation POST monitored during the 2021-22 session. This is not a complete list of legislation that could affect law enforcement. The Legislature is currently on recess until January 3, 2022. (Updated 10/12/2021)

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

Bill # and Author	Title and Summary	Status of Bill
AB 17 Assembly Member Cooper	Peace officers: disqualification from employment Would disqualify a person from being a peace officer if the person has been discharged from the military for committing an offense that would have been a felony if committed in California or if the person has been certified as a peace officer and has had that certification revoked by the Commission on Peace Officer Standards and Training.	Amended: 1/12/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/11/2021)(May be acted upon Jan 2022)
AB 26 Assembly Member Holden	Peace officers: use of force Current law requires each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Current law requires that policy, among other things, to require that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be unnecessary, and to require that officers intercede when present and observing another officer using force that is clearly beyond that which is necessary, as specified. This bill would require those law enforcement policies to require those officers to immediately report potential excessive force, as defined.	Amended Date: 7/7/2021 Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 403, Statutes of 2021.
AB 48 Assembly Member Gonzalez, Lorena	Law enforcement: kinetic energy projectiles and chemical agents Would prohibit the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be used to defend against a threat to life or serious bodily injury to any individual, including a peace officer.	Amended Date: 8/26/2021 Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 404, Statutes of 2021.
AB 57 Assembly Member Gabriel	Hate crimes Current law requires any local law enforcement agency that adopts or updates a hate crime policy to include specified information in that policy, including information on bias motivation.This bill would include a statement of legislative findings and declarations and require the basic course curriculum on the topic of hate crimes to be developed in consultation with subject matter experts, as specified. The bill would, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, require the Commission on Peace Officer Standards and Training (POST) to update the basic course to include the viewing of a specified video course developed by POST. The bill would also require POST to make the video available via the online learning portal, and would require all peace officers to complete specified training materials no later than one year after the commission makes the updated course available. The bill would require POST to develop and periodically update an interactive course on hate crimes for in-service peace officers, and require officers to take the course every 6 years.	Amended Date: 8/26/2021 Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 691, Statutes of 2021.
AB 60 Assembly Member Salas	Law enforcement Would disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated by a military tribunal as having committed an offense that would have been a felony if committed in this state. The bill would also disqualify any person who has been certified as a peace officer by the Commission on Peace Officer Standards and Training and has had that certification revoked by the commission.	Amended Date: 3/16/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/11/2021)(May be acted upon Jan 2022)
AB 89 Assembly Member Jones-Sawyer	Peace officers: minimum qualifications Current law requires the Commission on Peace Officer Standards and Training (POST) to establish a certification program for specified peace officers, including officers of the Department of the California Highway Patrol. Current law requires the commission to establish basic, intermediate, advanced, supervisory, management, and executive certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Current law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. This bill would require the office of the Chancellor of the California Community Colleges to develop a modern policing degree program, with the commission and other stakeholders to serve as advisors, as specified, and to submit a report on recommendations to the Legislature outlining a plan to implement the program on or before June 1, 2023. Existing law requires peace officers in this state to meet specified minimum standards, including age and education requirements. This bill would also increase the minimum qualifying age from 18 to 21 years of age for specified peace officers.	Amended Date: 9/3/2021 Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 405, Statutes of 2021.
AB 118 Assembly Member Kamlager	Emergency services: community response: grant program Would enact the Community Response Initiative to Strengthen Emergency Systems Act, or the C.R.I.S.E.S. Act, for purposes of creating, implementing, and evaluating the C.R.I.S.E.S. Grant Pilot Program, which the act would establish. The bill would require the department to administer the program if appropriate funding is made available to the department. The bill would require the department to award grants to qualified grantees, which include city, county, and tribal departments of social services, disability services, health services, public health, or behavioral health, based on grant eligibility criteria developed in partnership with a stakeholder workgroup.	Amended Date: 8/26/2021 Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 694, Statutes of 2021.
AB 122 Assembly Member Horvath	Vehicles: required stops: bicycles. Would, until January 1, 2028, require a person riding a bicycle, when approaching a stop sign at the entrance of an intersection, to yield the right-of-way to any vehicles that have either stopped at or entered the intersection, or that are approaching on the intersecting highway close enough to constitute an immediate hazard, and to pedestrians, as specified, and continue to yield the right-of-way to those vehicles and pedestrians until reasonably safe to proceed. The bill would require other vehicles to yield the right-of-way to a bicycle that, having yielded as prescribed, has entered the intersection. The bill would state that these provisions do not affect the liability of a driver of a motor vehicle as a result of the driver’s negligent or wrongful act or omission in the operation of a motor vehicle.	Amended Date: 7/8/2021 Status: 10/8/2021-Vetoed by Governor
AB 275 Assembly Member Medina	Classified community college employees. Current law requires the governing board of a community college district to prescribe written rules and regulations governing the personnel management of the classified service, whereby classified employees are designated as permanent employees of the district after serving a prescribed period of probation that is prohibited from exceeding one year. This bill would shorten the maximum length of a prescribed period of probation for classified employees of a community college district to 6 months or 130 days of paid service, whichever is longer, except that a full-time peace officer or public safety dispatcher employed by a community college district operating a dispatch center certified by the Commission on Peace Officer Standards and Training would be required to serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position to be designated as a permanent employee of the district. These changes would not apply to a conflicting collective bargaining agreement entered into before January 1, 2022, until the expiration or renewal of that collective bargaining agreement.	Amended Date: 6/30/2021 Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 697, Statutes of 2021
AB 481 Assembly Member Chiu	Law enforcement agencies: military equipment: funding, acquisition, and use. Would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022.	Amended Date: 9/3/2021 Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 406, Statutes of 2021
AB 490 Assembly Member Gipson	Law enforcement agency policies: arrests: positional asphyxia. Would prohibit a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined.By requiring local agencies to amend use of force policies, this bill would impose a state-mandated local program.	Amended Date: 8/26/2021 Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 407, Statutes of 2021.
AB 594 Assembly Member McCarty	Law enforcement policies Current law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency. Current law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified. deadly use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from having primary responsibility for conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorney’s office, another law enforcement agency, or a multidisciplinary and multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation.	Amended Date: 3/16/2021 Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/14/2021)(May be acted upon Jan 2022)
AB 603 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 resulting from allegations of improper police conduct, including, among other information, amounts paid, broken down by individual settlement and judgment, and information on bonds used to finance use of force settlement and judgment payments. The bill would require the Transportation Agency to annually post the same information on its internet website regarding settlements and judgments against the Department of the California Highway Patrol. By increasing requirements for local governments, this bill would impose a state-mandated local program.	Amended Date: 8/26/2021 Status: Status: 10/8/2021-Vetoed by Governor.
AB 655 Assembly Member Kalra	California Law Enforcement Accountability Reform Act. Current law requires that a candidate for a peace officer position be of good moral character, as determined by a thorough background investigation. This bill would require that background investigation to include an inquiry into whether a candidate for specified peace officer positions has engaged in membership in a hate group, participation in hate group activities, or public expressions of hate, as those terms are defined. The bill would provide that certain findings would disqualify a person from employment.	Amended Date: 3/25/2021 Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/28/2021)(May be acted upon Jan 2022)
AB 662 Assembly Member Rodriguez	Mental health: dispatch and response protocols: working group. Would require the California Health and Human Services Agency to convene a working group, as specified, no later than July 1, 2022, to examine the existing dispatch and response protocols when providing emergency medical services to an individual who may require evaluation and treatment for a mental health disorder. The bill would require the working group to develop recommendations for improvements to those dispatch and response protocols and recommend amendments to the provisions governing involuntarily taking an individual into temporary custody for a mental health evaluation and treatment. The bill would require the working group to submit periodic reports to the Legislature every 6 months to update the Legislature on its progress, and to submit a final report of its recommendations to the Legislature on or before January 1, 2024.	Amended Date: 4/28/2021 Status: 6/4/2021-Failed Deadline pursuant to Rule 61(a)(8). (Last location was INACTIVE FILE on 6/3/2021)(May be acted upon Jan 2022)
AB 669 Assembly Member Lackey	Firearms: unsafe handguns Current law prohibits the manufacture, importation, sale, or transfer of an unsafe handgun, as defined. Current law exempts from this prohibition sales to specified law enforcement agencies or other specified government agencies for use by specified employees and sales to specified peace officers. Current law further requires that the sale of an unsafe handgun to certain specified entities, including a county probation department, and members of those entities, is only authorized if the handgun is to be used as a service weapon by a peace officer who has successfully completed the basic course prescribed by the Commission on Peace Officer Standards and Training (POST) and who qualifies with the handgun, as specified, at least every 6 months. This bill would instead exempt sales to or purchases by a county probation department and sworn members thereof who have completed specified firearms training prescribed by POST.	Introduced Date: 5/6/2021 Status:7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was PUB. S. on 6/9/2021)(May be acted upon Jan 2022)
AB 718 Assembly Member Cunningham	Peace officers: investigations of misconduct Would require a law enforcement agency or oversight agency to complete its investigation into an allegation of the use of force resulting in death or great bodily injury, sexual assault, discharge of a firearm, or dishonesty relating to the reporting, investigation, or prosecution of a crime or misconduct by another peace officer or custodial officer, despite the peace officer’s or custodial officer’s voluntary separation from the employing agency. The bill would require the investigation to result in a finding that the allegation is either sustained, not sustained, unfounded, or exonerated, as defined. The bill would also require an agency other than an officer’s employing agency that conducts an investigation of these allegations to disclose its findings with the employing agency no later than the conclusion of the investigation	Introduced Date: 2/16/2021 Status: 8/27/2021-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 7/5/2021)(May be acted upon Jan 2022)
AB 759 Assembly Member McCarty	Elections: county sheriff The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Current law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Current law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected. This bill would instead require the election to select county officers to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to the presidential general election. The bill would make these provisions operative on January 1, 2023.	Amended Date: 9/3/2021 Status: 9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/8/2021)(May be acted upon Jan 2022)
AB 931 Assembly Member Villapudua	Peace officer training: duty to intercede. 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. Current law requires the course or courses of the regular basic course for law enforcement officers to include, among other things, training on the duty to intercede. This bill would require the commission to model that training on the duty to intercede on a specified program, and would require the training to include both classroom instruction and extensive simulator-based training or live scenario-based training.	Amended Date: 5/24/2021 Status: 7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was PUB. S. on 6/16/2021)(May be acted upon Jan 2022)
AB 958 Assembly Member Gipson	Peace officers: law enforcement gangs. Current laws defines those persons who are peace officers, the entities authorized to appoint them, and the scope of their authority. Current law prescribes certain minimum standards for a person to be appointed as a peace officer, including training requirements, moral character, and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction. Current law requires a department or agency that employs peace officers to establish a procedure to investigate complaints by members of the public against those officers. This bill would define a law enforcement gang, a group of law enforcement officers within an agency that engages in a pattern of specified unlawful or unethical on-duty behavior, and would require law enforcement agencies to have a policy prohibiting law enforcement and making participation, as specified, in a law enforcement gang grounds for termination.	Amended Date: 7/8/2021 Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 408, Statutes of 2021.
AB 1356 Bauer-Kahan	Reproductive health care services Current law prohibits a person, business, or association from knowingly publicly posting or displaying on the internet the home address or home telephone number of a provider, employee, volunteer, or patient of a reproductive health care services facility, or of persons residing at the same home address as a provider, employee, volunteer, or patient of a reproductive health care services facility, with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, if the 3rd person is likely to commit this harm, or to threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person’s or coresident’s personal safety. Current law establishes a cause of action for damages and declaratory relief for violations. This bill would instead prohibit a person, business, or association from knowingly publicly posting, displaying, disclosing, or distributing the personal information, as defined, or image, of a reproductive health services patient, provider, or assistant, as defined, without that person’s consent and with the above-specified intent.	Amended Date: 8/26/2021 Status: 9/22/2021-Chaptered by Secretary of State - Chapter 191, Statutes of 2021.
SB 2 Senator Bradford	Peace Officers: certification: civil rights Under current law, the Tom Bane Civil Rights Act, if a person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney, is authorized to bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the exercise or enjoyment of the right or rights secured. Current law also authorizes an action brought by the Attorney General, or any district attorney or city attorney, to seek a civil penalty of $25,000. Current law also allows an individual whose exercise or enjoyment of rights has been interfered with to prosecute a civil action for damages on their own behalf. This bill would eliminate certain immunity provisions for peace officers and custodial officers, or public entities employing peace officers or custodial officers sued under the act.	Amended Date: 9/1/2021 Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 409, Statutes of 2021.
SB 16 Senator Skinner	Peace officers: release of records Would make every incident involving force that is unreasonable or excessive, and any sustained finding that an officer failed to intervene against another officer using unreasonable or excessive force, subject to disclosure. The bill would require records relating to sustained findings of unlawful arrests and unlawful searches to be subject to disclosure. The bill would also require the disclosure of records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct involving prejudice or discrimination on the basis of specified protected classes. The bill would make the limitations on delay of disclosure inapplicable until January 1, 2023, for the described records relating to incidents that occurred before January 1, 2022.	Amended Date: 8/30/2021 Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 402, Statutes of 2021.
SB 98 Senator McGuire	Public Peace: media access Would, if peace officers close the immediate area surrounding any emergency field command post or establish any other command post, police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged primarily in constitutionally protected activity, as described, require that a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network, as described, be allowed to enter those closed areas, with authorization from a commanding officer on scene, and would prohibit a peace officer or other law enforcement officer from intentionally assaulting, interfering with, or obstructing a duly authorized representative who is gathering, receiving, or processing information for communication to the public.	Amended Date: 9/3/2021 Status: 10/9/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 759, Statutes of 2021.
SB 271 Senator Wiener	County sheriffs: eligibility requirements The California Constitution requires the Legislature to provide for an elected county sheriff in each county. Current statutory law specifies that a person is not eligible to become a candidate for the office of sheriff in a county unless the person has an advanced certificate issued by the Commission on Peace Officer Standards and Training or meets a combination of certain educational degree and full-time, salaried law enforcement experience requirements, as specified. Current law deems a person holding the office of sheriff on January 1, 1989, to have met those qualifications. This bill would repeal those eligibility provisions, and would make other conforming changes	Introduced Date: 1/28/2021 Status: 5/7/2021-Failed Deadline pursuant to Rule 61(a)(3). (Last location was GOV. & F. on 3/16/2021)(May be acted upon Jan 2021)
SB 387 Senator Portantino	Peace officers: certification, education, and recruitment Current law requires the Commission on Peace Officer Standards and Training to establish a certification program for peace officers. Current law requires the commission to establish basic, intermediate, advanced, supervisory, management, and executive certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Existing law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. This bill would require the commission to work with stakeholders from law enforcement, the University of California, the California State University, the California Community Colleges, and community organizations to develop a list of courses to include as requirements for obtaining a basic certificate, as specified. The bill would require an applicant for a basic certificate to complete those courses before obtaining the certificate.	Amended Date: 5/20/2021 Status: 6/4/2021-Failed Deadline pursuant to Rule 61(a)(8). (Last location was INACTIVE FILE on 5/28/2021)(May be acted upon Jan 2022)
SB 494 Senator Dodd	Law enforcement: training. Current law requires the Commission on Peace Officer Standards and Training to develop guidelines and implement courses of instruction regarding racial profiling, domestic violence, hate crimes, vehicle pursuits, and human trafficking, among others. Current law establishes the Robert Presley Institute of Criminal Investigation which provides training courses for criminal investigators, including core instruction on matters common to all investigative activities and specialty courses in various investigative specialities. This bill would require the commission, by January 1, 2023, to implement a course of instruction for the regular and periodic training of law enforcement officers in the use of ethical human engagement and advanced interpersonal communication skills. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers.	Amended Date: 6/16/2021 Status: 10/4/2021-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

Bill # and Author

Title and Summary

Status of Bill

AB 17

Assembly Member Cooper

Peace officers: disqualification from employment

Would disqualify a person from being a peace officer if the person has been discharged from the military for committing an offense that would have been a felony if committed in California or if the person has been certified as a peace officer and has had that certification revoked by the Commission on Peace Officer Standards and Training.

Amended: 1/12/2021

Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/11/2021)(May be acted upon Jan 2022)

AB 26

Assembly Member Holden

Peace officers: use of force

Current law requires each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Current law requires that policy, among other things, to require that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be unnecessary, and to require that officers intercede when present and observing another officer using force that is clearly beyond that which is necessary, as specified. This bill would require those law enforcement policies to require those officers to immediately report potential excessive force, as defined.

Amended Date: 7/7/2021

Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 403, Statutes of 2021.

AB 48

Assembly Member Gonzalez, Lorena

Law enforcement: kinetic energy projectiles and chemical agents

Would prohibit the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be used to defend against a threat to life or serious bodily injury to any individual, including a peace officer.

Amended Date: 8/26/2021

Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 404, Statutes of 2021.

AB 57

Assembly Member Gabriel

Hate crimes

Current law requires any local law enforcement agency that adopts or updates a hate crime policy to include specified information in that policy, including information on bias motivation.This bill would include a statement of legislative findings and declarations and require the basic course curriculum on the topic of hate crimes to be developed in consultation with subject matter experts, as specified. The bill would, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, require the Commission on Peace Officer Standards and Training (POST) to update the basic course to include the viewing of a specified video course developed by POST. The bill would also require POST to make the video available via the online learning portal, and would require all peace officers to complete specified training materials no later than one year after the commission makes the updated course available. The bill would require POST to develop and periodically update an interactive course on hate crimes for in-service peace officers, and require officers to take the course every 6 years.

Amended Date: 8/26/2021

Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 691, Statutes of 2021.

AB 60

Assembly Member Salas

Law enforcement

Would disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated by a military tribunal as having committed an offense that would have been a felony if committed in this state. The bill would also disqualify any person who has been certified as a peace officer by the Commission on Peace Officer Standards and Training and has had that certification revoked by the commission.

Amended Date: 3/16/2021

Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/11/2021)(May be acted upon Jan 2022)

AB 89

Assembly Member Jones-Sawyer

Peace officers: minimum qualifications

Current law requires the Commission on Peace Officer Standards and Training (POST) to establish a certification program for specified peace officers, including officers of the Department of the California Highway Patrol. Current law requires the commission to establish basic, intermediate, advanced, supervisory, management, and executive certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Current law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. This bill would require the office of the Chancellor of the California Community Colleges to develop a modern policing degree program, with the commission and other stakeholders to serve as advisors, as specified, and to submit a report on recommendations to the Legislature outlining a plan to implement the program on or before June 1, 2023. Existing law requires peace officers in this state to meet specified minimum standards, including age and education requirements. This bill would also increase the minimum qualifying age from 18 to 21 years of age for specified peace officers.

Amended Date: 9/3/2021

Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 405, Statutes of 2021.

AB 118

Assembly Member Kamlager

Emergency services: community response: grant program

Would enact the Community Response Initiative to Strengthen Emergency Systems Act, or the C.R.I.S.E.S. Act, for purposes of creating, implementing, and evaluating the C.R.I.S.E.S. Grant Pilot Program, which the act would establish. The bill would require the department to administer the program if appropriate funding is made available to the department. The bill would require the department to award grants to qualified grantees, which include city, county, and tribal departments of social services, disability services, health services, public health, or behavioral health, based on grant eligibility criteria developed in partnership with a stakeholder workgroup.

Amended Date: 8/26/2021

Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 694, Statutes of 2021.

AB 122

Assembly Member Horvath

Vehicles: required stops: bicycles.

Would, until January 1, 2028, require a person riding a bicycle, when approaching a stop sign at the entrance of an intersection, to yield the right-of-way to any vehicles that have either stopped at or entered the intersection, or that are approaching on the intersecting highway close enough to constitute an immediate hazard, and to pedestrians, as specified, and continue to yield the right-of-way to those vehicles and pedestrians until reasonably safe to proceed. The bill would require other vehicles to yield the right-of-way to a bicycle that, having yielded as prescribed, has entered the intersection. The bill would state that these provisions do not affect the liability of a driver of a motor vehicle as a result of the driver’s negligent or wrongful act or omission in the operation of a motor vehicle.

Amended Date: 7/8/2021

Status: 10/8/2021-Vetoed by Governor

AB 275

Assembly Member Medina

Classified community college employees.

Current law requires the governing board of a community college district to prescribe written rules and regulations governing the personnel management of the classified service, whereby classified employees are designated as permanent employees of the district after serving a prescribed period of probation that is prohibited from exceeding one year. This bill would shorten the maximum length of a prescribed period of probation for classified employees of a community college district to 6 months or 130 days of paid service, whichever is longer, except that a full-time peace officer or public safety dispatcher employed by a community college district operating a dispatch center certified by the Commission on Peace Officer Standards and Training would be required to serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position to be designated as a permanent employee of the district. These changes would not apply to a conflicting collective bargaining agreement entered into before January 1, 2022, until the expiration or renewal of that collective bargaining agreement.

Amended Date: 6/30/2021

Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 697, Statutes of 2021

AB 481

Assembly Member Chiu

Law enforcement agencies: military equipment: funding, acquisition, and use.

Would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022.

Amended Date: 9/3/2021

Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 406, Statutes of 2021

AB 490

Assembly Member Gipson

Law enforcement agency policies: arrests: positional asphyxia.

Would prohibit a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined.By requiring local agencies to amend use of force policies, this bill would impose a state-mandated local program.

Amended Date: 8/26/2021

Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 407, Statutes of 2021.

AB 594

Assembly Member McCarty

Law enforcement policies

Current law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency. Current law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified. deadly use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from having primary responsibility for conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorney’s office, another law enforcement agency, or a multidisciplinary and multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation.

Amended Date: 3/16/2021

Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/14/2021)(May be acted upon Jan 2022)

AB 603

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 resulting from allegations of improper police conduct, including, among other information, amounts paid, broken down by individual settlement and judgment, and information on bonds used to finance use of force settlement and judgment payments. The bill would require the Transportation Agency to annually post the same information on its internet website regarding settlements and judgments against the Department of the California Highway Patrol. By increasing requirements for local governments, this bill would impose a state-mandated local program.

Amended Date: 8/26/2021

Status: Status: 10/8/2021-Vetoed by Governor.

AB 655

Assembly Member Kalra

California Law Enforcement Accountability Reform Act.

Current law requires that a candidate for a peace officer position be of good moral character, as determined by a thorough background investigation. This bill would require that background investigation to include an inquiry into whether a candidate for specified peace officer positions has engaged in membership in a hate group, participation in hate group activities, or public expressions of hate, as those terms are defined. The bill would provide that certain findings would disqualify a person from employment.

Amended Date: 3/25/2021

Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/28/2021)(May be acted upon Jan 2022)

AB 662

Assembly Member Rodriguez

Mental health: dispatch and response protocols: working group.

Would require the California Health and Human Services Agency to convene a working group, as specified, no later than July 1, 2022, to examine the existing dispatch and response protocols when providing emergency medical services to an individual who may require evaluation and treatment for a mental health disorder. The bill would require the working group to develop recommendations for improvements to those dispatch and response protocols and recommend amendments to the provisions governing involuntarily taking an individual into temporary custody for a mental health evaluation and treatment. The bill would require the working group to submit periodic reports to the Legislature every 6 months to update the Legislature on its progress, and to submit a final report of its recommendations to the Legislature on or before January 1, 2024.

Amended Date: 4/28/2021

Status: 6/4/2021-Failed Deadline pursuant to Rule 61(a)(8). (Last location was INACTIVE FILE on 6/3/2021)(May be acted upon Jan 2022)

AB 669

Assembly Member Lackey

Firearms: unsafe handguns

Current law prohibits the manufacture, importation, sale, or transfer of an unsafe handgun, as defined. Current law exempts from this prohibition sales to specified law enforcement agencies or other specified government agencies for use by specified employees and sales to specified peace officers. Current law further requires that the sale of an unsafe handgun to certain specified entities, including a county probation department, and members of those entities, is only authorized if the handgun is to be used as a service weapon by a peace officer who has successfully completed the basic course prescribed by the Commission on Peace Officer Standards and Training (POST) and who qualifies with the handgun, as specified, at least every 6 months. This bill would instead exempt sales to or purchases by a county probation department and sworn members thereof who have completed specified firearms training prescribed by POST.

Introduced Date: 5/6/2021

Status:7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was PUB. S. on 6/9/2021)(May be acted upon Jan 2022)

AB 718

Assembly Member Cunningham

Peace officers: investigations of misconduct

Would require a law enforcement agency or oversight agency to complete its investigation into an allegation of the use of force resulting in death or great bodily injury, sexual assault, discharge of a firearm, or dishonesty relating to the reporting, investigation, or prosecution of a crime or misconduct by another peace officer or custodial officer, despite the peace officer’s or custodial officer’s voluntary separation from the employing agency. The bill would require the investigation to result in a finding that the allegation is either sustained, not sustained, unfounded, or exonerated, as defined. The bill would also require an agency other than an officer’s employing agency that conducts an investigation of these allegations to disclose its findings with the employing agency no later than the conclusion of the investigation

Introduced Date: 2/16/2021

Status: 8/27/2021-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 7/5/2021)(May be acted upon Jan 2022)

AB 759

Assembly Member McCarty

Elections: county sheriff

The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Current law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Current law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected. This bill would instead require the election to select county officers to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to the presidential general election. The bill would make these provisions operative on January 1, 2023.

Amended Date: 9/3/2021

Status: 9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/8/2021)(May be acted upon Jan 2022)

AB 931

Assembly Member Villapudua

Peace officer training: duty to intercede.

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. Current law requires the course or courses of the regular basic course for law enforcement officers to include, among other things, training on the duty to intercede. This bill would require the commission to model that training on the duty to intercede on a specified program, and would require the training to include both classroom instruction and extensive simulator-based training or live scenario-based training.

Amended Date: 5/24/2021

Status: 7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was PUB. S. on 6/16/2021)(May be acted upon Jan 2022)

AB 958

Assembly Member Gipson

Peace officers: law enforcement gangs.

Current laws defines those persons who are peace officers, the entities authorized to appoint them, and the scope of their authority. Current law prescribes certain minimum standards for a person to be appointed as a peace officer, including training requirements, moral character, and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction. Current law requires a department or agency that employs peace officers to establish a procedure to investigate complaints by members of the public against those officers. This bill would define a law enforcement gang, a group of law enforcement officers within an agency that engages in a pattern of specified unlawful or unethical on-duty behavior, and would require law enforcement agencies to have a policy prohibiting law enforcement and making participation, as specified, in a law enforcement gang grounds for termination.

Amended Date: 7/8/2021

Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 408, Statutes of 2021.

AB 1356

Bauer-Kahan

Reproductive health care services

Current law prohibits a person, business, or association from knowingly publicly posting or displaying on the internet the home address or home telephone number of a provider, employee, volunteer, or patient of a reproductive health care services facility, or of persons residing at the same home address as a provider, employee, volunteer, or patient of a reproductive health care services facility, with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, if the 3rd person is likely to commit this harm, or to threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person’s or coresident’s personal safety. Current law establishes a cause of action for damages and declaratory relief for violations. This bill would instead prohibit a person, business, or association from knowingly publicly posting, displaying, disclosing, or distributing the personal information, as defined, or image, of a reproductive health services patient, provider, or assistant, as defined, without that person’s consent and with the above-specified intent.

Amended Date: 8/26/2021

Status: 9/22/2021-Chaptered by Secretary of State - Chapter 191, Statutes of 2021.

SB 2

Senator Bradford

Peace Officers: certification: civil rights

Under current law, the Tom Bane Civil Rights Act, if a person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney, is authorized to bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the exercise or enjoyment of the right or rights secured. Current law also authorizes an action brought by the Attorney General, or any district attorney or city attorney, to seek a civil penalty of $25,000. Current law also allows an individual whose exercise or enjoyment of rights has been interfered with to prosecute a civil action for damages on their own behalf. This bill would eliminate certain immunity provisions for peace officers and custodial officers, or public entities employing peace officers or custodial officers sued under the act.

Amended Date: 9/1/2021

Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 409, Statutes of 2021.

SB 16

Senator Skinner

Peace officers: release of records

Would make every incident involving force that is unreasonable or excessive, and any sustained finding that an officer failed to intervene against another officer using unreasonable or excessive force, subject to disclosure. The bill would require records relating to sustained findings of unlawful arrests and unlawful searches to be subject to disclosure. The bill would also require the disclosure of records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct involving prejudice or discrimination on the basis of specified protected classes. The bill would make the limitations on delay of disclosure inapplicable until January 1, 2023, for the described records relating to incidents that occurred before January 1, 2022.

Amended Date: 8/30/2021

Status: 9/30/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 402, Statutes of 2021.

SB 98

Senator McGuire

Public Peace: media access

Would, if peace officers close the immediate area surrounding any emergency field command post or establish any other command post, police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged primarily in constitutionally protected activity, as described, require that a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network, as described, be allowed to enter those closed areas, with authorization from a commanding officer on scene, and would prohibit a peace officer or other law enforcement officer from intentionally assaulting, interfering with, or obstructing a duly authorized representative who is gathering, receiving, or processing information for communication to the public.

Amended Date: 9/3/2021

Status: 10/9/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 759, Statutes of 2021.

SB 271

Senator Wiener

County sheriffs: eligibility requirements

The California Constitution requires the Legislature to provide for an elected county sheriff in each county. Current statutory law specifies that a person is not eligible to become a candidate for the office of sheriff in a county unless the person has an advanced certificate issued by the Commission on Peace Officer Standards and Training or meets a combination of certain educational degree and full-time, salaried law enforcement experience requirements, as specified. Current law deems a person holding the office of sheriff on January 1, 1989, to have met those qualifications. This bill would repeal those eligibility provisions, and would make other conforming changes

Introduced Date: 1/28/2021

Status: 5/7/2021-Failed Deadline pursuant to Rule 61(a)(3). (Last location was GOV. & F. on 3/16/2021)(May be acted upon Jan 2021)

SB 387

Senator Portantino

Peace officers: certification, education, and recruitment

Current law requires the Commission on Peace Officer Standards and Training to establish a certification program for peace officers. Current law requires the commission to establish basic, intermediate, advanced, supervisory, management, and executive certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Existing law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. This bill would require the commission to work with stakeholders from law enforcement, the University of California, the California State University, the California Community Colleges, and community organizations to develop a list of courses to include as requirements for obtaining a basic certificate, as specified. The bill would require an applicant for a basic certificate to complete those courses before obtaining the certificate.

Amended Date: 5/20/2021

Status: 6/4/2021-Failed Deadline pursuant to Rule 61(a)(8). (Last location was INACTIVE FILE on 5/28/2021)(May be acted upon Jan 2022)

SB 494

Senator Dodd

Law enforcement: training.

Current law requires the Commission on Peace Officer Standards and Training to develop guidelines and implement courses of instruction regarding racial profiling, domestic violence, hate crimes, vehicle pursuits, and human trafficking, among others. Current law establishes the Robert Presley Institute of Criminal Investigation which provides training courses for criminal investigators, including core instruction on matters common to all investigative activities and specialty courses in various investigative specialities. This bill would require the commission, by January 1, 2023, to implement a course of instruction for the regular and periodic training of law enforcement officers in the use of ethical human engagement and advanced interpersonal communication skills. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers.

Amended Date: 6/16/2021

Status: 10/4/2021-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

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