POST Monthly Report

July 2021

Keeping you up to date on POST projects

Sherman Block Supervisory Leadership Institute (SBSLI) Cadre Workshop

Sherman Block Supervisory Leadership Institute (SBSLI) is a leadership development course specifically designed for sergeants and dispatch supervisors. It provides a dynamic environment of facilitated in-person learning where sergeants and dispatch supervisors from across the state of California come together to explore the ever-changing challenges they face as line-level leaders.

There are currently 38 facilitators assigned to administer the 192 hours of training over a period of 8 months. On June 24-26, 2021, POST conducted a workshop to examine the curriculum, seek out new ideas, and clarify protocols in the SBSLI course. The three-day workshop resulted in possible curriculum changes, as new ideas were explored on how to present the current material in the SBSLI course. The next SBSLI workshop will include a review of best practices for facilitation techniques while in the classroom. In addition, a three-day protocol with new material will be presented to the cadre for approval.

For questions regarding SBSLI, please contact Senior Consultant Jim Katapodis, Training Program Services Bureau, at (916) 204-5587.

POST Conducts Basic Course Certification Review (BCCR) of Rio Hondo Regional Training Center

The POST Basic Training Bureau recently conducted a Basic Course Certification Review (BCCR) of the Rio Hondo Regional 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, the California Code of Regulations (Title 11, Division 2), Commission Procedures, and the Training and Testing Specifications (TTS).

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

POST Law Enforcement Consultant Completes Active Bystandership for Law Enforcement (ABLE) Instructor Course

Law Enforcement Consultant Mark Nagel Completed the Active Bystandership for Law Enforcement (ABLE) Instructor Course

On May 28, 2021, POST Law Enforcement Consultant (LEC) Mark Nagel was recognized by Georgetown University Law Center for completing the Active Bystandership for Law Enforcement (ABLE) instructor course. The field-tested ABLE Project was developed by Georgetown Law's Innovative Policing Program to provide evidence-based, practical active bystandership strategies and tactics to law enforcement officers to ultimately prevent misconduct, reduce mistakes, and promote health and wellness.

ABLE gives officers the knowledge and tools they need to overcome the natural and powerful inhibitors all individuals face when called upon to intervene in actions taken by their peers. The week-long training is unique in how carefully it is built upon decades of research, field studies, and on-the-ground experience.

POST is researching and exploring the most recent studies on this vital topic of intervention, bystandership, and how scientific research can provide a strong foundation for future course material.

Questions regarding the ABLE Project may be directed to Law Enforcement Consultant Mark Nagel, Management Counseling and Projects Bureau, at (916) 227-0450.

POST Offers the Presentation of the Supervisory Train-the-Trainer Course

POST has scheduled a Train-the-Trainer course for September 20-24, 2021. This will be an in-person course that certifies instructors and provides information and strategies on how to present the 80-hour Supervisory Course.

The Train-the-Trainer course consists of an 8-hour in-person instruction for five consecutive days. Students will be required to discuss, both individually and in teams, the various components of the updated Supervisory Course. The first day will focus on individual participants being allotted 15 minutes of assigned material from the Supervisory Course. Expert facilitators, using a rubric, will critique and offer suggestions on how to improve the students’ facilitation skills.

The students will also be introduced to the Supervisory Course Network with the updated course content, which now includes Use of Force and Principled Policing. A block of instruction explaining proper facilitation techniques to use throughout the course will be discussed.

For questions regarding Supervisory Train-the-Trainer Course, please contact Senior Consultant J im Katapodis, Training Program Services Bureau, at (916) 204-5587.

Training Coordinator Course (TCC) presented in San Diego

On July 20-21, 2021, 21 students attended the 16-hour Training Coordinator Course (TCC) at the San Diego High Intensity Drug Trafficking Area (HIDTA) facility. The course, presented by POST Training Delivery and Compliance Bureau (TDC) and Learning Technology Resources Bureau (LTR) staff, is designed for newly assigned training managers. Topics included the POST Website and resources, the Learning Portal and training videos, course certification, and POST and legislative training requirements.

Additional presentations of the TCC are scheduled in Salinas, CA (July 29-30) and Bakersfield, CA (August 18-19).

Questions about the TCC course may be directed to Senior Consultant Karen Lozito, Training Delivery and Compliance Bureau, at (916) 227-0471.

Basic Course Waiver (BCW) Application Statistics Update

A Basic Course Waiver (BCW) provides an exemption from the Regular Basic Course (RBC) or Specialized Investigator Basic Course (SIBC) training requirements. A BCW is granted to individuals with qualifying out-of-state or federal law enforcement experience, whose law enforcement training, experience and education are deemed by POST to demonstrate sufficient law enforcement knowledge, skill, and proficiency. Acceptance of the BCW in lieu of successful completion of an RBC or SIBC is at the discretion of the employing agency.

POST receives an average of 150-200 applications per year. Fiscal Year 2020/2021 shows a decline in total applications with only 109 applications received, down from 126 applications the previous year. A total of 57 RBC waivers and two SIBC waivers were issued. Though there was a decline in BCW applications overall, there was a small increase in applications for SIBC waivers.

Questions regarding the BCW program may be directed to Law Enforcement Consultant Julie Gorwood, Basic Training Bureau, at (916) 227-3915.

Sherman Block Supervisory Leadership Institute (SBSLI) Returns to the Museum of Tolerance (MOT)

Sherman Block Supervisory Leadership Institute (SBSLI) is a leadership development course specifically designed for sergeants and dispatch supervisors. It provides a dynamic environment of facilitated learning where sergeants and dispatch supervisors from across the state of California come together to explore the challenges they face as line-level leaders.

Highlights of the program have included a visit from the Museum of Tolerance (MOT) to meet survivors of the Holocaust and a project designed to navigate successful organizational change. However, due to COVID-19, the students were previously unable to experience a tour of the MOT. The MOT has now reopened, with remodeled portions of the museum, and SBSLI students were the first law enforcement group to visit. One section of the remodel included exploring the “History Wall,” a brand-new interactive exhibit at the MOT, which is part of Session 6 of the SBSLI program. Although the “History Wall” has been a part of the museum experience prior to the MOT closing, the wall has been updated to include recent significant events in history dealing with culture and diversity. POST appreciates the continued partnership with the MOT as an important part of the SBSLI program.

For questions regarding SBSLI, please contact senior consultant Jim Katapodis, Training Program Services Bureau, at (916) 204-5587.

Legislative Update

Status of Current Legislation

The following is legislation POST is monitoring in the 2021-22 session. This is not a complete list of legislation that could affect law enforcement. (Updated 8/2/2021)

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: 7/7/2021-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
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: 3/16/2021 Status: 7/6/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 6). Re-referred to Com. on APPR.
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, and to include the viewing of a specified video course developed by Commission on Peace Officer Standards and Training (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 January 1, 2023. 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: 5/24/2021 Status:7/15/2021-In committee: Referred to suspense file.
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 peace officers in this state to meet specified minimum standards, including age and education requirements. This bill would increase the minimum qualifying age from 18 to 25 years of age. This bill would permit an individual under 25 years of age to qualify for employment as a peace officer if the individual has a bachelor’s or advanced degree from an accredited college or university. The bill would specify that these requirements do not apply to individuals 18 to 24 years of age who are already employed as a peace officer as of the effective date of this act. The bill would provide legislative findings in support of the measure.	Amended Date: 7/15/2021 Status: 7/15/2021-Read second time and amended. Re-referred to Com. on APPR.
AB 118 Assembly Member Kamlager	Emergency services: community response: grant program Would, until January 1, 2026, enact the Community Response Initiative to Strengthen Emergency Systems Act or the C.R.I.S.E.S. Act for the purpose of creating, implementing, and evaluating the 3-year C.R.I.S.E.S. Grant Pilot Program, which the act would establish. The bill would require the office to establish rules and regulations for the program with the goal of making grants to community organizations, over 3 years, for the purpose of expanding the participation of community organizations in emergency response for specified vulnerable populations. The bill would require that grantees receive a minimum award of $250,000 per year. The bill would require a community organization receiving funds pursuant to the program to use the grant to stimulate and support involvement in emergency response activities that do not require a law enforcement officer, as specified. The bill would require the Director of Emergency Services (director) to assemble staff and resources to carry out certain duties in support of the program.	Introduced Date: 12/18/2020 Status: /15/2021-In committee: Referred to suspense file.
AB 481 Assembly Member Chiu	Law enforcement agencies: military equipment: funding, acquisition, and use. Would require a law enforcement agency, defined to include specified state and local 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. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.	Amended Date: 7/13/2021 Status:7/13/2021-Read second time and amended. Re-referred to Com. on APPR.
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: 3/18/2021 Status: 7/14/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 13). Re-referred to Com. on APPR.
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, information on bonds used to finance use of force settlement and judgment payments, and premiums paid for insurance against settlements or judgments resulting from allegations of improper police conduct. The bill would 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.	Introduced Date: 2/11/2021 Status: 6/22/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 22). Re-referred to Com. on APPR.
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: 4/21/2021 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: 7/5/2021-In committee: Referred to suspense file.
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: 7/1/2021 Status: 7/8/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 8). Re-referred to Com. on APPR.
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: 7/8/2021-Read second time and amended. Re-referred to Com. on APPR.
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: 7/15/2021 Status: 7/15/2021-Read second time and amended. Re-referred to Com. on APPR.
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: 7/7/2021 Status: 7/14/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13). Re-referred to Com. on APPR.
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: 7/8/2021 Status: 7/8/2021-Read second time and amended. Re-referred to Com. on APPR.
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: 6/17/2021 Status: 7/14/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13). Re-referred to Com. on APPR.
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: 6/30/2021-June 30 set for first hearing. Placed on suspense file.

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: 7/7/2021-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

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: 3/16/2021

Status: 7/6/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 6). Re-referred to Com. on APPR.

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, and to include the viewing of a specified video course developed by Commission on Peace Officer Standards and Training (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 January 1, 2023. 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: 5/24/2021

Status:7/15/2021-In committee: Referred to suspense file.

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 peace officers in this state to meet specified minimum standards, including age and education requirements. This bill would increase the minimum qualifying age from 18 to 25 years of age. This bill would permit an individual under 25 years of age to qualify for employment as a peace officer if the individual has a bachelor’s or advanced degree from an accredited college or university. The bill would specify that these requirements do not apply to individuals 18 to 24 years of age who are already employed as a peace officer as of the effective date of this act. The bill would provide legislative findings in support of the measure.

Amended Date: 7/15/2021

Status: 7/15/2021-Read second time and amended. Re-referred to Com. on APPR.

AB 118

Assembly Member Kamlager

Emergency services: community response: grant program

Would, until January 1, 2026, enact the Community Response Initiative to Strengthen Emergency Systems Act or the C.R.I.S.E.S. Act for the purpose of creating, implementing, and evaluating the 3-year C.R.I.S.E.S. Grant Pilot Program, which the act would establish. The bill would require the office to establish rules and regulations for the program with the goal of making grants to community organizations, over 3 years, for the purpose of expanding the participation of community organizations in emergency response for specified vulnerable populations. The bill would require that grantees receive a minimum award of $250,000 per year. The bill would require a community organization receiving funds pursuant to the program to use the grant to stimulate and support involvement in emergency response activities that do not require a law enforcement officer, as specified. The bill would require the Director of Emergency Services (director) to assemble staff and resources to carry out certain duties in support of the program.

Introduced Date: 12/18/2020

Status: /15/2021-In committee: Referred to suspense file.

AB 481

Assembly Member Chiu

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

Would require a law enforcement agency, defined to include specified state and local 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. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.

Amended Date: 7/13/2021

Status:7/13/2021-Read second time and amended. Re-referred to Com. on APPR.

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: 3/18/2021

Status: 7/14/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 13). Re-referred to Com. on APPR.

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, information on bonds used to finance use of force settlement and judgment payments, and premiums paid for insurance against settlements or judgments resulting from allegations of improper police conduct. The bill would 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.

Introduced Date: 2/11/2021

Status: 6/22/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 22). Re-referred to Com. on APPR.

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: 4/21/2021

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: 7/5/2021-In committee: Referred to suspense file.

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: 7/1/2021

Status: 7/8/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 8). Re-referred to Com. on APPR.

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: 7/8/2021-Read second time and amended. Re-referred to Com. on APPR.

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: 7/15/2021

Status: 7/15/2021-Read second time and amended. Re-referred to Com. on APPR.

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: 7/7/2021

Status: 7/14/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13). Re-referred to Com. on APPR.

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: 7/8/2021

Status: 7/8/2021-Read second time and amended. Re-referred to Com. on APPR.

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: 6/17/2021

Status: 7/14/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13). Re-referred to Com. on APPR.

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: 6/30/2021-June 30 set for first hearing. Placed on suspense file.

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