LEGISLATIVE REVIEW COMMITTEE MEETING
860 Stillwater Road, Suite 100, West Sacramento, CA 95605


June 23, 2016
AGENDA
8:30 AM


CALL TO ORDER AND WELCOME
COMMITTEE MEMBERS

Rick Braziel

Lai Lai Bui

Robert Doyle

Joyce Dudley

Jethroe Moore - Chair

Larry Wallace

ROLL CALL OF COMMITTEE MEMBERS
APPROVAL OF THE ACTION SUMMARY AND MINUTES
Approval of the Action Summary and Minutes of the Previous Legislative Meeting:
Attachment 1 - Action Summary (February 25, 2016)
Attachment 2 - Meeting Minutes (Transcript - February 25, 2016)
If the Legislative Review Committee concurs, the appropriate action would be a MOTION to approve the Action Summary and Meeting Minutes from the last Legislative Review Committee meeting.
A.BILLS OF INTEREST

 

1.      AB 86 (McCarthy) - Peace officers: Department of Justice: independent investigation

 

This bill would add Section 11056 to the Penal Code, relating to investigation of peace officers.  It would require the California Attorney General to appoint a special prosecutor to direct an independent investigation if a peace officer, in the performance of their duties, used deadly force upon another person and that person died because of the deadly force.  The bill would grant the special prosecutor the sole authority to determine whether criminal charges should be filed against the officer.  The bill died in Assembly Appropriations on 02/01/16.

 

2.      AB 1118 (Bonta) - Police officer standards and training: procedural justice

 

This bill would add Section 13515.56 to the Penal Code, relating to public safety and law enforcement.  It establish the Procedural Justice Task Force, which would be administered by the Board of State and Community Corrections.  The task force would provide for grant funding, to be awarded to local law enforcement departments for the purpose of implementing and enhancing procedural justice training, as well as a matching grant program to award funds invested by philanthropic organizations.  This bill would require the task force to manage these programs, monitor their implementation, and serve in an advisory capacity to sites leading implementation.  The bill would set forth additional powers and authority relating to the operation of the task force.  The bill died in Assembly Appropriations on 02/01/16.

 

3.      AB 1469 (Achadjian) - Peace officers: basic training requirements

 

This bill would make technical, non-substantive changes to Section 832 of the Penal Code.  The bill died in the Assembly on 02/01/16.

 

4.      AB 1760 (Santiago) - Human trafficking

 

This bill would amend sections of Sections 1522.41 and 1529.2 of the Health and Safety Code, to amend Sections 236.1 and 13519.4 of, and add section 236.21 to the Penal Code, relating to human trafficking.  This bill would require a peace officer to determine whether a suspect of a crime is a minor who is a human trafficking victim, and whether any other crime that person is suspected of was committed as a direct result of being trafficked.  The bill would require the peace officer to make a record of this determination and provide the district attorney with the record for an independent review.  This bill would require the Commission to update its training to conform to changes in law that this bill would make regarding minors who are victims of human trafficking.  This bill was referred to the Assembly Appropriations suspense file on 05/11/16.

 

5.      AB 1857 (Rodriguez) - Criminal history information: medical facilities

 

This bill would add Section 13306 to the Penal Code, relating to criminal history information.  This bill would require a peace officer to disclose to staff at an acute care hospital if a person whom the peace officer has brought to the medical facility for treatment has a violent criminal history as indicated by the local summary criminal history information that the person could be a danger to staff at the hospital.  The author pulled the bill on 03/29/16.

 

6.      AB 1860 (Alejo) - Local law enforcement: body-worn cameras: grant program

 

This bill would amend Section 1464 of the Penal Code, relating to peace officers and making appropriations.  It would require the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program.  The bill would create the Body-worn Camera Fund that would continuously appropriate funds to the board for those purposes.  This bill would delete the transfer requirement for the Driver Training Penalty Assessment Fund and instead require a transfer to the Body-worn Camera Fund.  The bill was referred to the Assembly Appropriations suspense file on 05/04/16.

 

7.      AB 1872 (Gray) - Public safety

 

This bill would amend Section 830.1 of the Penal Code, related to making an appropriation.  It would include deputy sheriffs in the county of Merced within the definition of peace officers, as specified.  The bill would appropriate $1,315,000 from the General Fund to the Regents of the University of California, for allocation to the University of California, Merced, for various public safety purposes.  The bill was amended and pass as amended (Ayes 14.  Noes 5.) on 05/27/16.

 

8.      AB 1940 (Cooper) - Peace officers: body-worn cameras: policies and procedures

 

This bill would add Section 832.19 to the Penal Code, relating to peace officers and body-worn cameras.  This bill would require a law enforcement agency, department, or entity, if it employs peace officers and uses body-worn cameras for those officers, to develop a body-worn camera policy.  The bill would require the policy to allow a peace officer to review his or her body-worn camera video and audio recordings before making a report, giving an internal affairs statement, or before any criminal or civil proceeding.  The bill would require the policy to be available to peace officers and to the public for viewing.  The bill would prohibit a peace officer from using a personal device to make an unauthorized recording of the video or audio taken from a body-worn camera.  The bill would also require a law enforcement agency to have an assigned independent investigator or a supervisor accompany a peace officer involved in an incident involving a serious use of force, as defined, when reviewing the peace officer’s body-worn camera recording.  The bill was read for the third time and amended.  Ordered to third reading on 05/31/16.

 

9.      AB 2224 (Achadjain) - Emergency vehicles: blue warning lights

 

This bill would amend Section 25258 of the Vehicle Code, relating to probation officer vehicles and lighting equipment.  It would authorize probation officers, in the performance of their duties, to display blue warning lights on their emergency vehicles.  It would also require probation officers to complete an emergency vehicle operations course certified by the commission before the officer may operate the vehicle with a blue warning light.  After collaboration with POST staff, the author pulled the bill on 04/18/16.

 

10.  AB 2361 (Santiago) - Peace officers: University of Southern California security officers

 

This bill would add Section 830.75 to the Penal Code, relating to peace officers.  It would make a person regularly employed as a security officer of the University of Southern California a peace officer during the course and within the scope of his or her employment with the University of Southern California.  It would require the University of Southern California to enter into a memorandum of understanding with the local law enforcement agency to implement the authority granted by the bill.  The bill would require peace officers designated pursuant to its provisions to complete the course of training prescribed by the Commission on Peace Officer Standards and Training.  The bill was referred to Senate Public Safety and Appropriations Committees on 05/12/16.

 

11.  AB 2533 (Santiago) - Public safety officers: recording devices: release of recordings

 

This bill would amend Section 3307.5 of the Government Code, relating to public safety officers.  This bill would require a public safety officer to be provided a minimum of 3 business days’ notice before a public safety department or other public agency releases on the Internet any audio or video of the officer recorded by the officer.  The bill would authorize the public safety officer, based upon that reasonable belief, to notify the public safety department or other public agency to cease and desist from disclosing on the Internet any audio or video of the officer that is recorded by the officer and authorizes the officer, a district attorney, or a United States Attorney to seek an injunction to prohibit the release of that audio or video on the Internet.  The bill was referred to Committee on Senate Public Safety on 05/26/16.

 

12.  AB 2624 (Cooper) - Peace officers: community policing: report

 

This bill would require the Legislative Analyst’s Office (LAO), in consultation with the commission, to conduct a study to determine the effectiveness of community policing and engagement programs, efforts, strategies, and policies in the state, including, but not limited to, police activities leagues, neighborhood watch programs, and integrated policing.  It would require the LAO and the commission to report the findings with regard to the study to the Legislature on or before December 31, 2018.  The bill was referred to the Assembly Appropriations suspense file on 04/13/16.

 

13.  AB 2626 (Jones-Sawyer) – Commission on Peace Officer Standards and Training: procedural justice training

 

This bill would add Section 13519.45 to the Penal Code, related to peace officer standards and training.  It would require the commission to develop and disseminate training for peace officers on principled policing, which include the subjects of procedural justice and implicit bias, as defined.  It would also require this training for specified peace officers.  The bill would also require the commission to certify and make training available to train peace officers to teach the course of training on principled policing to other officers in their agencies.  The bill would require the commission, no later than June 1, 2018, to evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing into its course of basic training and would require each peace officer to complete a refresher course no less than every 5 years.  Held in Assembly Committee on Appropriations on 05/27/16.

 

14.  SB 1221 (Hertzberg) – Firefighters: interaction with mentally disabled persons

 

This bill would amend Section 13515.25 of the Penal Code, relating to firefighters.  It would authorize the commission to make the commission course on law enforcement interaction with mentally disabled persons available to firefighters.  The State Fire Marshal would be responsible to update the curricula as appropriate for the firefighters training environment.  The bill was referred to the Assembly Public Safety Committee on 05/12/16.

 

15.  SB 1337 (Morrell) – Peace officers: fire departments

 

This bill would amend Sections 830.37 and 30625 of the Penal Code, relating to peace officers.  This bill would provide that members of a fire department or fire protection agency who are designated by their employing agency with a responsibility for investigating or preventing terrorism are peace officers and may carry firearms if authorized and under terms and conditions specified by their employing agency.  The bill would also authorize fire departments and fire protection agencies to buy assault weapons or .50 BMG rifles.  After collaboration with POST staff and several law enforcement partners, the author pulled the bill on 04/13/16.

 

16.  SB 1362 (Mendoza) – Los Angeles County Metropolitan Transportation Authority: security officers

 

This bill would amend Section 22295 of, and add Sections 830.75, 26065, and 32455 to the Penal Code, relating to security officers.  It would authorize persons employed as security officers by the Los Angeles County Metropolitan Transportation Authority to detain individuals on properties owned, controlled, and operated by the Authority, when exigent circumstances exist.  It would also allow security officers to carry wooden clubs or batons, and permit them to carry a shotgun in their patrol vehicle.  After collaboration with POST staff, the author pulled the bill on 04/20/16.

ADJOURNMENT
Minutes have not been generated.