BILL NUMBER: AB 1598 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 23, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Rodriguez
FEBRUARY 4, 2014
An act to amend Section 8588.10 of the Government Code, to amend
Sections 1797.116 and 1797.132 of the Health and Safety Code, and to
amend Sections 13514.1 and 13519.12 of the Penal Code, relating to
emergency response services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1598, as amended, Rodriguez. Emergency response services:
active shooter incidents.
(1) Existing law requires the Director of Emergency Services to
establish a Curriculum Development Advisory Committee (CDAC) to,
among other things, provide advice on the development of terrorism
awareness course curricula and response training. Existing law
establishes in the Department of Justice the Commission on Peace
Officer Standards and Training (CPOST),
Training, which is required to, among other things, adopt rules
establishing minimum standards relating to physical, mental, and
moral fitness that govern the recruitment of peace officers and
requires CPOST the commission to carry
out various duties related to the education and training of peace
officers.
This bill would require CDAC to consult with CPOST.
the commission.
(2) Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, establishes the
Emergency Medical Services Authority (EMSA), which is responsible for
the coordination and integration of all state agencies concerning
emergency medical services. Under existing law, EMSA is required to
establish training standards that include the criteria for the
curriculum content recommended by CDAC, involving the
responsibilities of first responders to terrorism incidents and to
address the training needs of those identified as first responders.
This bill would additionally require that those training standards
include criteria for coordinating between different responding
entities.
(3) Existing law establishes the Interdepartmental Committee on
Emergency Medical Services (ICEMS), which is required to advise EMSA
on the coordination and integration of all state activities
concerning emergency medical services.
This bill would require ICEMS to consult with CPOST
the commission regarding emergency medical
services integration and coordination with peace officer training.
(4) Existing law requires CPOST the
commission to develop and disseminate guidelines and
standardized training recommendations for Special Weapons and Tactics
(SWAT) teams, as specified, that would be available for use by law
enforcement agencies that conduct SWAT operations. Under existing
law, those guidelines are required, at a minimum, to address legal
and practical issues of SWAT operations, personnel selection, fitness
requirements, planning, hostage negotiation, tactical issues,
safety, rescue methods, after-action evaluation of operations,
logistical and resource needs, uniform and firearms requirements,
risk assessment, policy considerations, and multijurisdictional SWAT
operations. Existing law also directs CPOST
the commission to establish training standards and develop a
course of instruction involving the responsibilities of first
responders to terrorism incidents, as specified.
This bill would additionally require those
authorize the above-described guidelines and training
standards for SWAT teams to also address
tactical casualty care. The bill would authorize the
above-described training standards and course of instruction
involving the responsibilities of first responders to terrorism
incidents to also, if appropriate, include coordination with
emergency medical services providers that respond to an
incident, tactical casualty care, and other standards of emergency
care as established by EMSA.
The bill would include legislative findings and declarations, and
would make a related statement of legislative intent.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) (1) The Legislature finds and declares that since
the Columbine High School shootings that occurred in 1999, more than
250 people have been killed in the United States during what has been
classified as active shooter and mass casualty incidents. These
incidents involve one or more suspects who participate in an ongoing,
random, or systematic shooting spree, demonstrating the intent to
harm others with the objective of mass murder.
(2) It has become evident that these events may take place in any
community or venue and that they impact fire and police departments,
regardless of their size or capacity. Local jurisdictions vary widely
in available emergency response resources, staffing, and equipment
allocations. Protocols and training for response to active shooter
incidents must be established locally to work within the resource
capabilities and limitations of each jurisdiction.
(b) It is therefore the intent of the Legislature to do all of the
following:
(1) Require the development of collaborative protocols and
relationships between local and state first response entities,
including law enforcement agencies, fire departments, and emergency
medical services providers and agencies, in order that those entities
shall act effectively and in concert to address active shooter
incidents across California.
(2) Require first response entities to seek collaborative training
opportunities, including, but not limited to, table top or
simulation exercises, to assess plan implementations, and to include
other entities that may be involved in active shooter incidents in
those trainings, such as schools, city or county personnel, and
private businesses.
(3) Require basic and ongoing training for law enforcement agency
personnel, fire department personnel, emergency medical services
personnel, and the personnel for other first responders include, as
appropriate, training and education on active shooter incidents and
tactical casualty care.
(c) It is further the intent of the Legislature that each first
response entity, in collaboration with other law enforcement
agencies, fire departments, and emergency medical services providers
and agencies, develop protocols for responding to active shooter
incidents. It is the intent of the Legislature that those protocols
be reviewed annually to ensure that they are current, and address any
policy, geographic, or demographic changes that warrant a response
strategy review. The Legislature intends that the protocols address
all of the following:
(1) The roles, responsibilities, and policies of each entity in
responding to an active shooter incident.
(2) Preassessment and contingency planning that includes
identification of potential targets within the jurisdiction.
(3) Implementation of an Incident Command System (ICS), including
emergency protocols for a unified command structure for entities
responding to an active shooter incident.
(4) Interagency communication issues and needs, including, but not
limited to, radio interoperability and establishment of common
language, terms, and definitions to be used on the scene of an active
shooter incident.
(5) Identification of resources for responding to an active
shooter incident, including, but not limited to, primary and
secondary needs and hospitals.
(6) Tactical deployment of available resources for responding to
an active shooter incident.
(7) Emergency treatment and extraction of persons injured in an
active shooter incident.
SEC. 2. Section 8588.10 of the Government Code is amended to read:
8588.10. (a) The director shall establish a Curriculum
Development Advisory Committee to advise the office on the
development of course curricula, as specified by the director.
(b) The committee shall be chaired by the director, who will
appoint members as appropriate. In appointing members to the
committee, the director shall include representatives from the
following:
(1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
director.
(2) Local first responder agencies.
(3) Local public safety agencies.
(4) Nonprofit organizations, as deemed appropriate by the
director.
(5) Any other state, local, tribal, or nongovernmental
organization determined by the director to be appropriate.
(c) The committee shall consult with the Commission on Peace
Officer Standards and Training.
SEC. 3. Section 1797.116 of the Health and Safety Code is amended
to read:
1797.116. (a) The authority shall establish additional training
standards that include the criteria for the curriculum content
recommended by the Curriculum Development Advisory Committee
established pursuant to Section 8588.10 of the Government Code,
involving the responsibilities of first responders to terrorism
incidents and to address the training needs of those identified as
first responders. Training standards shall include, but not be
limited to, criteria for coordinating between different responding
entities.
(b) Every EMT I, EMT II, and EMT-P, as defined in Sections
1797.80, 1797.82, and 1797.84, may receive the appropriate training
described in this section. Pertinent training previously completed by
any jurisdiction's EMT I, EMT II, or EMT-P personnel and meeting the
training requirements of this section may be submitted to the
training program approving authority to assess its content and
determine whether it meets the training standards prescribed by the
authority.
SEC. 4. Section 1797.132 of the Health and Safety Code is amended
to read:
1797.132. An Interdepartmental Committee on Emergency Medical
Services is hereby established. This committee shall advise the
authority on the coordination and integration of all state activities
concerning emergency medical services. The committee shall include a
representative from each of the following state agencies and
departments: the Office of Emergency Services, the Department of the
California Highway Patrol, the Department of Motor Vehicles, a
representative of the administrator of the California Traffic Safety
Program as provided by Chapter 5 (commencing with Section 2900) of
Division 2 of the Vehicle Code, the Medical Board of California, the
State Department of Public Health, the Board of Registered Nursing,
the State Department of Education, the National Guard, the Office of
Statewide Health Planning and Development, the State Fire Marshal,
the California Conference of Local Health Officers, the Department of
Forestry and Fire Protection, the Chancellor's Office of the
California Community Colleges, and the Department of General
Services. The committee shall consult with the Commission on Peace
Officer Standards and Training regarding emergency medical services
integration and coordination with peace officer training.
SEC. 5. Section 13514.1 of the Penal Code is amended to read:
13514.1. (a) On or before July 1, 2005, the commission shall
develop and disseminate guidelines and standardized training
recommendations for all law enforcement officers, supervisors, and
managers whose agency assigns them to perform, supervise, or manage
Special Weapons and Tactics (SWAT) operations. The guidelines and
standardized training recommendations shall be available for use by
law enforcement agencies that conduct SWAT operations.
(b) The training and guidelines shall be developed in consultation
with law enforcement officers, the Attorney General's office,
supervisors, and managers, SWAT trainers, legal advisers, and others
selected by the commission. Development of the training and
guidelines shall include consideration of the recommendations
contained in the Attorney General's Commission on Special Weapons and
Tactics (S.W.A.T.) Final Report of 2002.
(c) The standardized training recommendations shall at a minimum
include initial training requirements for SWAT operations, refresher
or advanced training for experienced SWAT members, and supervision
and management of SWAT operations.
(d) The guidelines shall at minimum address legal and practical
issues of SWAT operations, personnel selection, fitness requirements,
planning, hostage negotiation, tactical issues, safety, rescue
methods, tactical casualty care, after-action
evaluation of operations, logistical and resource needs, uniform and
firearms requirements, risk assessment, policy considerations, and
multijurisdictional SWAT operations. The guidelines may also
address tactical casualty care.
(e) The guidelines shall provide procedures for approving the
prior training of officers, supervisors, and managers that meet the
standards and guidelines developed by the commission pursuant to this
section, in order to avoid duplicative training.
SEC. 6. Section 13519.12 of the Penal Code is amended to read:
13519.12. (a) Pursuant to Section 13510, the Commission on Peace
Officer Standards and Training shall establish training standards and
develop a course of instruction that includes the criteria for the
curriculum content recommended by the Curriculum Development Advisory
Committee established pursuant to Section 8588.10 of the Government
Code, involving the responsibilities of first responders to terrorism
incidents. The course of instruction shall address the training
needs of peace officers at a managerial or supervisory level and
below who are assigned to field duties. The training shall be
developed in consultation with the Department of Justice and other
individuals knowledgeable about terrorism and address current theory,
terminology, historical issues, and procedures necessary to
appropriately respond to and effectively mitigate the effects of a
terrorism incident, including, but not limited to,
appropriate tactical casualty care. incident. The
training standards and course of instruction may, if appropriate,
include coordination with emergency medical services providers that
respond to an incident, tactical casualty care, and other standards
of emergency care as established by the Emergency Medical Services
Authority.
(b) The commission shall expedite the delivery of this training to
law enforcement through maximum use of its local and regional
delivery systems.
(c) To maximize the availability and delivery of training, the
commission shall develop a course of instruction to train trainers
and first responders dealing with terrorism incidents using a variety
of formats.
(d) Every police chief and sheriff, the Commissioner of the
Highway Patrol, and other general law enforcement agency executives
may determine the members of their agency to receive the emergency
response to terrorism incidents training developed by the commission
under this section. The persons to be trained may include, but are
not limited to, peace officers that perform general law enforcement
duties at a managerial or supervisory level or below and are assigned
to field duties.
(e) For purposes of this section, a "terrorism incident" includes,
but is not limited to, an active shooter incident. An "active
shooter incident" is an incident where an individual is actively
engaged in killing or attempting to kill people.