California Assembly Bill AB2285 Amended / Bill

 BILL NUMBER: AB 2285AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 11, 2012 INTRODUCED BY Assembly Member Eng FEBRUARY 24, 2012 An act to add Section 13510.3 to the Penal Code, relating to peace officer training. LEGISLATIVE COUNSEL'S DIGEST AB 2285, as amended, Eng. Peace officer testing: cheating. Existing law requires the Commission on Peace Officer Standards and Training to establish a certification program for peace officers and for the California Highway Patrol and to establish minimum standards relating to physical, mental, and moral fitness for peace officers, as specified. This bill would make a  person   peace officer recruit  who knowingly cheats, assists in cheating, or aids, abets, or knowingly conceals  any  efforts by others to cheat in any manner on a  test   basic course examination  mandated by the commission  guilty of a misdemeanor, punishable by   liable for  a fine of not more than $5,000 per occurrence  or imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment  . Additionally, the bill would require the  person   peace officer recruit  to reimburse the commission for the cost of reconstructing and securing tests that have been compromised by the act of cheating  ,  in an amount determined by the commission, but not to exceed $25,000. The bill would disqualify a  person convicted of   peace officer recruit who   is found liable for  cheating from future eligibility as a peace officer and would require the commission to note that disqualification in the person's training record.  By creating a new crime, this 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 no reimbursement is required by this act for a specified reason.   This bill would express the Legislature's findings and declarations relating to the Peace Officer Standards and Training examination process.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   The Legislature finds and declares that the Peace Officer Standards and Training (POST) examination process must be secure and beyond reproach, and that the conduct of students, instructors, examiners, examinees, and staff before, during, or after POST examinations must be in conformance with the highest standards of conduct expected of a California peace officer. The Legislature therefore finds that a peace officer recruit should be liable for cheating before, during, or after any POST-mandated basic course examination.   SECTION 1.   SEC. 2.  Section 13510.3 is added to the Penal Code, to read: 13510.3. (a) A  person   peace officer recruit  who  , based on the commission's investigative findings,  knowingly cheats, assists in cheating, or aids, abets, or knowingly conceals  any  efforts by others to cheat in any manner on  any test   a basic course examination  mandated by the commission shall be  guilty of a misdemeanor, punishable by   liable for  a  civil  fine of not more than five thousand dollars ($5,000) per occurrence  or imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment  . (b) In addition to the fine described in subdivision (a), a  person convicted under this section   peace officer recruit  shall reimburse the commission for the cost of reconstructing and securing tests that have been compromised by the act of cheating, as determined by the commission, but not to exceed twenty-five thousand dollars ($25,000). (c) A peace officer  candidate convicted pursuant to   recruit who is found liable under  subdivision (a) shall be disqualified from future eligibility as a peace officer in California. When a person is determined to be disqualified under this subdivision, the commission shall place the following in the commission's training record for that person: "THIS PERSON IS INELIGIBLE TO BE A PEACE OFFICER IN CALIFORNIA PURSUANT TO SECTION 13510.3 OF THE PENAL CODE."  (d) For purposes of this section, "cheating" means any attempt or act by a peace officer recruit to gain an unfair advantage or give an unfair advantage to another peace officer recruit or group of recruits taking a POST-mandated basic course examination.   SEC. 2.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.