Amended  IN  Assembly  February 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 165

Introduced by Assembly Member Gabriel
(Coauthors: Assembly Members Berman, Chiu, Friedman, and Ting)
(Coauthor: Senator Portantino)

January 07, 2019

An act to add Section 13519.10 to the Penal Code, relating to peace officer training.


LEGISLATIVE COUNSEL'S DIGEST


AB 165, as amended, Gabriel. Peace officer training: gun violence restraining orders.
Existing 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. Existing law requires the commission to implement a course or courses of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and also to develop guidelines for law enforcement response to domestic violence.
Existing law also requires the commission to adopt rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies.
This bill would require the commission to develop and implement, on or before January 1, 2021, a course of training regarding gun violence restraining orders. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers and dispatchers, officers on or before January 1, 2021, and would require the course or courses to include specified topics, including the process of filing a petition for gun violence restraining orders and situational training to assist officers in identifying when a gun violence restraining order is appropriate. The bill would require law enforcement officers, administrators, executives, and dispatchers and executives who have completed basic training prior to January 1, 2021, to participate in supplementary training that includes these topics on or before December 31, 2023. By imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 13519.10 is added to the Penal Code, to read:

13519.10.
 (a) The commission shall develop and implement, on or before January 1, 2021, a course of training regarding gun violence restraining orders. In developing the training, the commission shall consult with members of law enforcement and the community who have expertise in the area of gun violence and gun violence restraining orders.
(b) The course of training for officers and dispatchers described in subdivision (a) shall be incorporated into the course or courses of basic training for law enforcement officers and dispatchers, officers, on or before January 1, 2021, and shall include, but not be limited to, the following:
(1) The process of filing a petition for gun violence restraining orders.
(2) Situational training to assist officers in identifying when a gun violence restraining order is appropriate.
(3) How law enforcement can respond effectively to situations that might necessitate the filing for a gun violence restraining order, such as domestic violence crimes or incidents with individuals who are suicidal or suffering from mental illness. order.
(c) Law enforcement officers, administrators, executives, and dispatchers and executives who have completed basic training prior to January 1, 2021, shall participate in supplementary training that includes all of the topics described in this section. The supplementary training shall be completed on or before December 31, 2023. Further training courses to update this instruction shall be established as deemed necessary by the commission.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.