POST Monthly Report

December 2021

Keeping you up to date on POST projects

Executive Director's Message

BY MANNY ALVAREZ, JR.

Although we started the year of 2021 with a bit of uncertainty due to COVID, things started to settle and ultimately ramp up in the Spring. Once we were able to trickle back to the office part-time, as well as to meet in person and travel, we held workshops to update training pertaining to the Robert Presley Institute of Criminal Investigation and the Executive Development Course. We distributed over 75,000 new POST mental health field guides to our law enforcement agencies and basic academies. We conducted compliance audits at 90% of our 608 POST stakeholder agencies. We hosted workshops to update guidelines on such topics as missing persons, pursuit driving, use of force, and crowd management, just to name a few. We reinstituted performing management studies as well as property and evidence studies. We visited a number of dispatcher academies and initiated a public safety dispatcher job task analysis. We kicked off a new Penal Code 832 training review of POST presenters, much like the existing program for conducting basic course compliance reviews. We hosted the first in-person Consortium of basic academy presenters in two years. The Commission held the first in-person meeting in 18 months. The countless things we were able to accomplish are far too many to mention in this short message. Sufficed to say, we were busy as things started getting back to a semblance of normalcy in mid-2021. Let’s hope everything stays that way in 2022!

This last year also brought a significant number of legislative bills which affect POST. The bill with the biggest impact on POST was Senate Bill (SB) 2 (Bradford). Starting in 2023, this bill requires POST to, among other things, issue Proof of Eligibility certificates and initiate revocation proceedings against peace officers who engage in serious misconduct. We commenced work on SB 2 implementation in the Fall, and that work will continue throughout all of 2022.

Despite all the COVID challenges, we were happy to have made such great strides. A very big thank you to all of our colleagues at POST for making 2021 such a successful year. We look forward to another great year in 2022.

In conclusion, POST owes a debt of gratitude to the following staff, all of whom retired in 2021:

Cheryl Henry, Training Delivery & Compliance Bureau
Yvonne Rodriguez, Administrative Services Bureau
Janice Lembach, Administrative Services Bureau
Ngoc Tran, Training Program Services Bureau
Scott Loggins, Standards & Development Division

POST Hosts Recruit Training Officer (RTO) Course in Anaheim, CA

On December 14-17, 2021, the POST Basic Training Bureau (BTB) facilitated a 24-hour Recruit Training Officer (RTO) Course for Basic Course Presenters. POST Regulation requires all full-time RTOs to complete this course within one year of their appointment to their respective academies.

The RTO Course was facilitated in Anaheim, CA, and included instruction on the roles and responsibilities of the RTOs, as well as legislative mandates, Commission Regulations, Commission Procedures, testing protocols, remedial training requirements, liability and ethics, communication, counseling, evaluations, physical training requirements, and special training issues.

If you are interested in more information, please contact Carrie Hollar, Law Enforcement Consultant Basic Training Bureau, at (916) 227-4661.

Institute of Criminal Investigation (ICI) Officer Involved Shootings, Investigations Course Update Project

On December 7, 2021, the ICI Officer Involved Shootings, Investigations Course Update Project commenced with its first workshop at POST. This scenario-based training course was originally developed in approximately 2012 for detectives and focuses on investigating officer-involved shootings, critical use of force incidents, and in-custody deaths. The POST Training Program Services Bureau, the course presenters, and respective coordinators (Government Training Agency, Northern California Regional Public Safety Training Authority, and South Bay Regional Public Safety Training Consortium) participated in the workshop. The purpose of the project is to take a fresh look at the course curriculum and update it, as deemed appropriate, to ensure the training continues to be relevant and contemporary.

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, at (916) 227-3933.

Instructor Standards Advisory Council (ISAC) Quarterly Meeting

The fourth quarter Instructor Standards Advisory Council (ISAC) meeting was held via Microsoft Teams. The meeting began with the approval of the September 2021 meeting and announcements, including updates about POST’s progress on Senate Bill 2 and other legislative mandates.

Members of the POST Learning Technology Resources Bureau provided the Council with updated information on the Instructor Led Online (ILO) and self-paced learning platforms. Several members of the Council were interested in piloting a course using the ILO platform. The status of the Quality Assessment Program (QAP) was addressed. Members were informed that POST would be asking for funding in the March 2022 Finance Commission meeting with the hope that QAP would continue its important role in course evaluations.

The meeting concluded with a robust discussion of the Little Hoover’s Commission regarding training recommendations for POST and law enforcement in the state of California.

Questions regarding the ISAC quarterly meeting may be directed to Mike Radford, Bureau Chief of the Training Program Services Bureau, at (916) 227-3925.

Meet the New POST Employees

Skye Kao

Accountant Trainee

Administrative Services Bureau

Prior to state, Skye worked as a child development professional for 16 years. She began her state career as an Accounting Technician with Cal PIA and is experienced in all areas of accounting, budgets, and management. Just prior to joining POST, Skye was an Accountant I Specialist with the Department of Financial Protection and Innovation. Skye loves arts, crafts, watching movies, singing, and traveling. She has an 8-year-old daughter and has a very close relationship with family. They enjoy spending time together and road trips. Skye is happy to join POST.

Michele Federighi

Office Technician

Learning Technology Resources Bureau

Michele comes to us from the private sector where she worked in the Insurance Industry for 35 years.

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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