Amended  IN  Senate  September 03, 2021
Amended  IN  Senate  August 26, 2021
Amended  IN  Senate  July 15, 2021
Amended  IN  Assembly  February 17, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 89


Introduced by Assembly Member Jones-Sawyer
(Principal coauthor: Assembly Member Gipson)
(Principal coauthor: Senator Portantino)
(Coauthors: Assembly Members Carrillo, Cristina Garcia, Lee, and Wicks)
(Coauthor: Senator Wiener)

December 07, 2020


An act to add Section 1031.4 to the Government Code, and to amend Section 13510.1 of, and to add Section 13511.1 to, to the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 89, as amended, Jones-Sawyer. Peace officers: minimum qualifications.
Existing 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. Existing 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 certification program to also include peace officers employed by the state in agencies that participate in the POST program. The bill would require the commission to work collaboratively with specified stakeholders to develop a list of courses to include as requirements for obtaining a basic certificate. The bill would require the commission to, in developing these courses, to, among other things, work with the California Community Colleges towards developing a full associate degree for transfer in modern policing, and would require the commission to report to the Legislature on that program on or before June 1, 2023. The bill would additionally require the commission, upon appropriation by the Legislature, to develop a program to provide financial support for a higher education degree for individuals pursuing a law enforcement career, and to establish a statewide print and radio media campaign for the purposes of bringing awareness to these programs.

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. The bill would require the report to include, among other things, recommendations to adopt financial assistance for students of historically underserved and disadvantaged communities with barriers to higher education access, as specified. The bill would require the commission to adopt the recommended criteria within 2 years of when the office of the Chancellor of the California Community Colleges submits its report to the Legislature.
Existing law requires peace officers in this state to meet specified minimum standards, including age and education requirements.

This bill would, for specified peace officers, increase the minimum qualifying age from 18 to 21 years of age and would, on and after January 1, 2025, require those officers to complete the curriculum or degree program developed by the commission or to have a bachelor’s degree or other advanced degree from an accredited college or university, except as specified.

This bill would increase the minimum qualifying age from 18 to 21 years of age for specified peace officers.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as the Peace Officers Education and Age Conditions for Employment Act or PEACE Act.

SEC. 2.

 The Legislature finds and declares all of the following:
(a) There is an interest in minimizing peace officer use of deadly force.
(b) The Legislature has repeatedly relied on neurological research with respect to criminal sentencing law reflecting a growing understanding that cognitive brain development continues well beyond age 18 and into early adulthood. Scientific evidence on young adult development and neuroscience shows that certain areas of the brain, particularly those affecting judgment and decisionmaking, do not develop until the early to mid-20s.
(c) Law enforcement officers are required to make split-second decisions to protect the health and safety of the public and address dangerous situations. A young adult with a still developing brain may struggle during events that require quick decisionmaking and judgments.
(d) A study has also shown that better educated officers perform better in the academy, receive higher supervisor evaluations, have fewer disciplinary problems and accidents, are assaulted less often, and miss fewer days of work than their counterparts.

SEC. 3.

 Section 1031.4 is added to the Government Code, to read:

1031.4.
 (a) In addition to the standards in Section 1031, each state officer and employee designated as peace officers as described in Sections 830.1, Section 830.1, with the exception of those described in subdivision (c) of that section, 830.2, with the exception of those described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall meet all of the following minimum standards: be at least 21 years of age at the time of appointment.

(1)Be at least 21 years of age.

(2)On an after January 1, 2025, complete one of the following education requirements:

(A)Have completed any of the Commission on Peace Officer Standards and Training’s curriculum or degree program, as established pursuant to subdivision (f) of Section 13510.1 of the Penal Code, prior to receiving their basic certificate.

(B)Have attained a bachelor’s degree or other advanced degree from an accredited college or university.

(b)The education requirements in paragraph (2) of subdivision (a) shall not apply in the following circumstances if the individual is a high school graduate, has passed the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, or has passed the California High School Proficiency Examination:

(1)If the employing law enforcement agency has prolonged vacancies after having made a good faith effort to fill the vacancies. The Commission on Peace Officer Standards and Training shall develop the criteria for defining prolonged vacancy, and adjust that criteria as necessary over time.

(2)This section shall not apply to any person who, as of December 31, 2024, is currently enrolled in an academy or is employed as a peace officer by a public entity in California.

(b) This section shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.

SEC. 4.Section 13510.1 of the Penal Code is amended to read:
13510.1.

(a)The commission shall establish a certification program for peace officers, as specified in Sections 13510 and 13522, for the California Highway Patrol, and for any peace officer employed by the state in agencies that participate in the Peace Officer Standards and Training (POST) program. Certificates of the commission established pursuant to this section shall be considered professional certificates.

(b)Basic, intermediate, advanced, supervisory, management, and executive certificates shall be established for the purpose of fostering professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officer members of municipal police departments, county sheriffs’ departments, districts, university and state university and college departments, state peace officers described in subdivision (a), or by the California Highway Patrol.

(c)(1)Certificates shall be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission.

(2)In determining whether an applicant for certification has the requisite education, the commission shall recognize as acceptable college education only the following:

(A)Education provided by a community college, college, or university that has been accredited by the department of education of the state in which the community college, college, or university is located or by a recognized national or regional accrediting body.

(B)Until January 1, 1998, educational courses or degrees provided by a nonaccredited but state-approved college that offers programs exclusively in criminal justice.

(d)Persons who are determined by the commission to be eligible peace officers may make application for the certificates, provided they are employed by an agency that participates in the POST program.

(e)The commission shall have the authority to cancel any certificate that has been obtained through misrepresentation or fraud or that was issued as the result of an administrative error on the part of the commission or the employing agency.

(f)The commission shall work collaboratively with stakeholders from law enforcement, including representatives of law enforcement administration and law enforcement employees, the University of California, including faculty members specializing in courses described in paragraph (1), the California State University, including faculty members specializing in courses in paragraph (1), the California Community Colleges, including both administration and faculty, and community organizations to develop a list of courses to include as requirements for obtaining a basic certificate. The courses specified by the commission may be taken before, during, or after the completion of the regular basic course, but shall be completed before an individual may obtain a basic certificate and within the required two-year period pursuant to Section 832.4. In developing these courses, POST and the collaborating stakeholders shall do all of the following:

(1)Focus on courses pertinent to law enforcement, which shall include, but are not limited to, psychology, communications, history, ethnic studies, law, and those determined to develop necessary critical thinking skills and emotional intelligence.

(2)Work with the California Community Colleges towards developing a full associate degree for transfer in modern policing through combining credits from POST course requirements and credits for attending the POST basic course. The California Community Colleges may develop this in stages by increasing total credits needed over time.

(3)Include allowances for prior law enforcement experience, and, as determined by POST, appropriate work experience, postsecondary education experience, or military experience as specified in subparagraph (A), to satisfy a portion of the education requirements.

(A)Allowances for prior experience in this paragraph for those with military experience may be provided to those with military specializations pertinent to law enforcement, including those specializations in community relations, deescalation, foreign language translators, and those determined to require necessary critical thinking skills and emotional intelligence.

(B)Allowances for prior experience specified in this paragraph shall be granted to those of good moral character, and shall not be granted to those with prior sustained disciplinary actions taken against them, except that POST may, after considering the severity of the sustained misconduct or violation, grant a partial allowance.

(4)(A)On or before June 1, 2023, report to the Legislature on the curriculum developed towards the associate degree for transfer.

(B)A report to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 5.Section 13511.1 is added to the Penal Code, to read:
13511.1.

(a)The commission shall, upon appropriation by the Legislature, develop a program to provide financial support for a higher education degree for individuals pursuing a law enforcement career.

(1)The commission shall develop the criteria for reimbursement and shall provide reimbursement for education pursuant to this section.

(2)Education tuition reimbursement will be given based upon completion of designated courses developed pursuant to subdivision (f) of Section 13510.1 and upon receiving a basic certificate.

(3)For an individual to be eligible for education reimbursement, they shall meet all of the following conditions:

(A)Be currently employed by an agency participating in the Peace Officer Standards and Training program.

(B)Provide the commission with a copy of official transcripts prior to reimbursement.

(C)Provide the commission with a receipt of tuition from the higher education institution.

(4)The commission shall determine which courses are eligible for reimbursement.

(b)The commission shall establish a statewide print and radio media campaign for the purposes of bringing awareness to the education program created pursuant to subdivision (f) of Section 13510.1 and to the reimbursement program established pursuant to this section, directed especially towards historically underserved and disadvantaged communities with barriers to higher education access.

SEC. 4.

 Section 13511.1 is added to the Penal Code, to read:

13511.1.
 (a) The commission, stakeholders from law enforcement, including representatives of law enforcement administration and law enforcement employees, the California State University, including administration and faculty members, and community organizations shall serve as advisors to the office of the Chancellor of the California Community Colleges to develop a modern policing degree program. By June 1, 2023, the office of the Chancellor of the California Community Colleges, in consultation with the stakeholders, shall submit a report on recommendations to the Legislature outlining a plan to implement this program. The recommendations in the report shall:
(1) Focus on courses pertinent to law enforcement, which shall include, but not be limited to, psychology, communications, history, ethnic studies, law, and those determined to develop necessary critical thinking skills and emotional intelligence.
(2) Include allowances for prior law enforcement experience, and appropriate work experience, postsecondary education experience, or military experience to satisfy a portion of the employment eligibility requirements.
(A) It is the intent of the Legislature that allowances for prior experience in this paragraph for those with military experience may be provided to those with military specializations pertinent to law enforcement, including those specializations in community relations, deescalation, foreign language translators, and those determined to require necessary critical thinking skills and emotional intelligence.
(B) It is the intent of the Legislature that allowances for prior experience specified in this paragraph shall be granted to those of good moral character, and shall not be granted to those with prior sustained disciplinary actions taken against them, except that the Commission on Peace Officer Standards and Training may, after considering the severity of the sustained misconduct or violation, grant a partial allowance.
(3) Include both the modern policing degree program and bachelor’s degree in the discipline of their choosing as minimum education requirements for employment as a peace officer referenced in subdivision (a) of Section 1031.4 of the Government Code.
(4) Include recommendations to adopt financial assistance for students of historically underserved and disadvantaged communities with barriers to higher education access that fulfill the minimum education requirements to be adopted, pursuant to this section, for employment as a peace officer referenced in subdivision (a) of Section 1031.4 of the Government Code.
(b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(c) Within two years of the submission of the report to the Legislature, the commission shall approve and adopt the education criteria for peace officers referenced in subdivision (a) of Section 1031.4 of the Government Code, based on the recommendations in the report by the office of the Chancellor of the California Community Colleges in consultation with the stakeholders specified in subdivision (a).