California 2017 2017-2018 Regular Session

California Senate Bill SB345 Amended / Bill

Filed 05/02/2017

                    Amended IN  Senate  May 02, 2017 Amended IN  Senate  March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 345Introduced by Senator BradfordFebruary 14, 2017 An act to add Title 4.7 (commencing with Section 13650) to Part 4 of the Penal Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTSB 345, as amended, Bradford. Law enforcement agencies: regulations. public records.Existing law establishes within the Department of Justice the Commission on Peace Officer Standards and Training and requires the commission to adopt rules establishing minimum standards regarding the recruitment and training of peace officers.Existing law, the California Public Records Act, generally requires each state and local agency to make its public records available for inspection by a member of the public, unless the public record is specifically exempted from disclosure. The act further requires every state and local agency to duplicate disclosable public records, either on paper or in an electronic format, if so requested by a member of the public and he or she has paid certain costs of the duplication. The act specifically requires the California Environmental Protection Agency and certain entities within that agency to post its final enforcement orders on its Internet Web sites, if the final enforcement order is a public record that is not exempt from disclosure.This bill would, commencing January 1, 2019, require the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency to conspicuously post on their Internet Web sites all of their current agency regulations that are not specifically exempted from disclosure pursuant to current standards, policies, practices, operating procedures, and education and training materials, to the extent required by the California Public Records Act, and would require any changes to the regulations to be posted on the Internet Web site within 90 days after the changes become effective. The bill would define regulation for purposes of these provisions to mean material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, and education and training materials and manuals. Act. By imposing this requirement on local law enforcement agencies, this 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Law enforcement agencies, including the Commission on Peace Officer Standards and Training and local law enforcement agencies, establish standards of physical, mental, and moral fitness for peace officers, develop and implement programs to increase the effectiveness of law enforcement by peace officers, and provide ongoing education and training for peace officers.(b) Law enforcement agencies have numerous sets of regulations, including, but not limited to, educational materials, manuals, policies, practices, and procedures, that guide employees in their duties. Regulations should be based on best policing policies and practices, current legal standards, and community safety needs.(c) Currently, across California and the country, many local law enforcement agencies conspicuously post their training, policies, practices, and operating procedures on their Internet Web sites.(d) Making regulations of law enforcement agencies easily accessible to the public helps educate the public about law enforcement policies, practices, and procedures, increases communication and community trust, and enhances transparency, while saving costs and labor associated with responding to individual requests for this information.SEC. 2. Title 4.7 (commencing with Section 13650) is added to Part 4 of the Penal Code, to read:TITLE 4.7. Law Enforcement Agency Regulations13650. (a)Commencing January 1, 2019, the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency shall conspicuously post on their Internet Web site all of their current agency regulations that are not specifically exempt from disclosure pursuant to shall, to the fullest extent required by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Code), conspicuously post on their Internet Web sites, in a searchable manner, all current standards, policies, practices, operating procedures, and education and training materials.(b)Any changes to the regulations shall be posted on the Internet Web sites within 90 days after the changes become effective.(c)For purposes of this title, regulation means material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, operating procedures, education and training materials and manuals, agency general orders, employee disciplinary protocols, use of force guidelines and procedures, body camera policies, agency bulletins, and any other directives or rules of conduct.SEC. 3. 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.

 Amended IN  Senate  May 02, 2017 Amended IN  Senate  March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 345Introduced by Senator BradfordFebruary 14, 2017 An act to add Title 4.7 (commencing with Section 13650) to Part 4 of the Penal Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTSB 345, as amended, Bradford. Law enforcement agencies: regulations. public records.Existing law establishes within the Department of Justice the Commission on Peace Officer Standards and Training and requires the commission to adopt rules establishing minimum standards regarding the recruitment and training of peace officers.Existing law, the California Public Records Act, generally requires each state and local agency to make its public records available for inspection by a member of the public, unless the public record is specifically exempted from disclosure. The act further requires every state and local agency to duplicate disclosable public records, either on paper or in an electronic format, if so requested by a member of the public and he or she has paid certain costs of the duplication. The act specifically requires the California Environmental Protection Agency and certain entities within that agency to post its final enforcement orders on its Internet Web sites, if the final enforcement order is a public record that is not exempt from disclosure.This bill would, commencing January 1, 2019, require the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency to conspicuously post on their Internet Web sites all of their current agency regulations that are not specifically exempted from disclosure pursuant to current standards, policies, practices, operating procedures, and education and training materials, to the extent required by the California Public Records Act, and would require any changes to the regulations to be posted on the Internet Web site within 90 days after the changes become effective. The bill would define regulation for purposes of these provisions to mean material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, and education and training materials and manuals. Act. By imposing this requirement on local law enforcement agencies, this 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Senate  May 02, 2017 Amended IN  Senate  March 30, 2017

Amended IN  Senate  May 02, 2017
Amended IN  Senate  March 30, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 345

Introduced by Senator BradfordFebruary 14, 2017

Introduced by Senator Bradford
February 14, 2017

 An act to add Title 4.7 (commencing with Section 13650) to Part 4 of the Penal Code, relating to law enforcement.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 345, as amended, Bradford. Law enforcement agencies: regulations. public records.

Existing law establishes within the Department of Justice the Commission on Peace Officer Standards and Training and requires the commission to adopt rules establishing minimum standards regarding the recruitment and training of peace officers.Existing law, the California Public Records Act, generally requires each state and local agency to make its public records available for inspection by a member of the public, unless the public record is specifically exempted from disclosure. The act further requires every state and local agency to duplicate disclosable public records, either on paper or in an electronic format, if so requested by a member of the public and he or she has paid certain costs of the duplication. The act specifically requires the California Environmental Protection Agency and certain entities within that agency to post its final enforcement orders on its Internet Web sites, if the final enforcement order is a public record that is not exempt from disclosure.This bill would, commencing January 1, 2019, require the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency to conspicuously post on their Internet Web sites all of their current agency regulations that are not specifically exempted from disclosure pursuant to current standards, policies, practices, operating procedures, and education and training materials, to the extent required by the California Public Records Act, and would require any changes to the regulations to be posted on the Internet Web site within 90 days after the changes become effective. The bill would define regulation for purposes of these provisions to mean material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, and education and training materials and manuals. Act. By imposing this requirement on local law enforcement agencies, this 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.

Existing law establishes within the Department of Justice the Commission on Peace Officer Standards and Training and requires the commission to adopt rules establishing minimum standards regarding the recruitment and training of peace officers.

Existing law, the California Public Records Act, generally requires each state and local agency to make its public records available for inspection by a member of the public, unless the public record is specifically exempted from disclosure. The act further requires every state and local agency to duplicate disclosable public records, either on paper or in an electronic format, if so requested by a member of the public and he or she has paid certain costs of the duplication. The act specifically requires the California Environmental Protection Agency and certain entities within that agency to post its final enforcement orders on its Internet Web sites, if the final enforcement order is a public record that is not exempt from disclosure.

This bill would, commencing January 1, 2019, require the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency to conspicuously post on their Internet Web sites all of their current agency regulations that are not specifically exempted from disclosure pursuant to current standards, policies, practices, operating procedures, and education and training materials, to the extent required by the California Public Records Act, and would require any changes to the regulations to be posted on the Internet Web site within 90 days after the changes become effective. The bill would define regulation for purposes of these provisions to mean material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, and education and training materials and manuals. Act. By imposing this requirement on local law enforcement agencies, this 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.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Law enforcement agencies, including the Commission on Peace Officer Standards and Training and local law enforcement agencies, establish standards of physical, mental, and moral fitness for peace officers, develop and implement programs to increase the effectiveness of law enforcement by peace officers, and provide ongoing education and training for peace officers.(b) Law enforcement agencies have numerous sets of regulations, including, but not limited to, educational materials, manuals, policies, practices, and procedures, that guide employees in their duties. Regulations should be based on best policing policies and practices, current legal standards, and community safety needs.(c) Currently, across California and the country, many local law enforcement agencies conspicuously post their training, policies, practices, and operating procedures on their Internet Web sites.(d) Making regulations of law enforcement agencies easily accessible to the public helps educate the public about law enforcement policies, practices, and procedures, increases communication and community trust, and enhances transparency, while saving costs and labor associated with responding to individual requests for this information.SEC. 2. Title 4.7 (commencing with Section 13650) is added to Part 4 of the Penal Code, to read:TITLE 4.7. Law Enforcement Agency Regulations13650. (a)Commencing January 1, 2019, the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency shall conspicuously post on their Internet Web site all of their current agency regulations that are not specifically exempt from disclosure pursuant to shall, to the fullest extent required by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Code), conspicuously post on their Internet Web sites, in a searchable manner, all current standards, policies, practices, operating procedures, and education and training materials.(b)Any changes to the regulations shall be posted on the Internet Web sites within 90 days after the changes become effective.(c)For purposes of this title, regulation means material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, operating procedures, education and training materials and manuals, agency general orders, employee disciplinary protocols, use of force guidelines and procedures, body camera policies, agency bulletins, and any other directives or rules of conduct.SEC. 3. 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.

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

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

SECTION 1. The Legislature finds and declares all of the following:(a) Law enforcement agencies, including the Commission on Peace Officer Standards and Training and local law enforcement agencies, establish standards of physical, mental, and moral fitness for peace officers, develop and implement programs to increase the effectiveness of law enforcement by peace officers, and provide ongoing education and training for peace officers.(b) Law enforcement agencies have numerous sets of regulations, including, but not limited to, educational materials, manuals, policies, practices, and procedures, that guide employees in their duties. Regulations should be based on best policing policies and practices, current legal standards, and community safety needs.(c) Currently, across California and the country, many local law enforcement agencies conspicuously post their training, policies, practices, and operating procedures on their Internet Web sites.(d) Making regulations of law enforcement agencies easily accessible to the public helps educate the public about law enforcement policies, practices, and procedures, increases communication and community trust, and enhances transparency, while saving costs and labor associated with responding to individual requests for this information.

SECTION 1. The Legislature finds and declares all of the following:(a) Law enforcement agencies, including the Commission on Peace Officer Standards and Training and local law enforcement agencies, establish standards of physical, mental, and moral fitness for peace officers, develop and implement programs to increase the effectiveness of law enforcement by peace officers, and provide ongoing education and training for peace officers.(b) Law enforcement agencies have numerous sets of regulations, including, but not limited to, educational materials, manuals, policies, practices, and procedures, that guide employees in their duties. Regulations should be based on best policing policies and practices, current legal standards, and community safety needs.(c) Currently, across California and the country, many local law enforcement agencies conspicuously post their training, policies, practices, and operating procedures on their Internet Web sites.(d) Making regulations of law enforcement agencies easily accessible to the public helps educate the public about law enforcement policies, practices, and procedures, increases communication and community trust, and enhances transparency, while saving costs and labor associated with responding to individual requests for this information.

SECTION 1. The Legislature finds and declares all of the following:

### SECTION 1.

(a) Law enforcement agencies, including the Commission on Peace Officer Standards and Training and local law enforcement agencies, establish standards of physical, mental, and moral fitness for peace officers, develop and implement programs to increase the effectiveness of law enforcement by peace officers, and provide ongoing education and training for peace officers.

(b) Law enforcement agencies have numerous sets of regulations, including, but not limited to, educational materials, manuals, policies, practices, and procedures, that guide employees in their duties. Regulations should be based on best policing policies and practices, current legal standards, and community safety needs.

(c) Currently, across California and the country, many local law enforcement agencies conspicuously post their training, policies, practices, and operating procedures on their Internet Web sites.

(d) Making regulations of law enforcement agencies easily accessible to the public helps educate the public about law enforcement policies, practices, and procedures, increases communication and community trust, and enhances transparency, while saving costs and labor associated with responding to individual requests for this information.

SEC. 2. Title 4.7 (commencing with Section 13650) is added to Part 4 of the Penal Code, to read:TITLE 4.7. Law Enforcement Agency Regulations13650. (a)Commencing January 1, 2019, the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency shall conspicuously post on their Internet Web site all of their current agency regulations that are not specifically exempt from disclosure pursuant to shall, to the fullest extent required by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Code), conspicuously post on their Internet Web sites, in a searchable manner, all current standards, policies, practices, operating procedures, and education and training materials.(b)Any changes to the regulations shall be posted on the Internet Web sites within 90 days after the changes become effective.(c)For purposes of this title, regulation means material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, operating procedures, education and training materials and manuals, agency general orders, employee disciplinary protocols, use of force guidelines and procedures, body camera policies, agency bulletins, and any other directives or rules of conduct.

SEC. 2. Title 4.7 (commencing with Section 13650) is added to Part 4 of the Penal Code, to read:

### SEC. 2.

TITLE 4.7. Law Enforcement Agency Regulations13650. (a)Commencing January 1, 2019, the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency shall conspicuously post on their Internet Web site all of their current agency regulations that are not specifically exempt from disclosure pursuant to shall, to the fullest extent required by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Code), conspicuously post on their Internet Web sites, in a searchable manner, all current standards, policies, practices, operating procedures, and education and training materials.(b)Any changes to the regulations shall be posted on the Internet Web sites within 90 days after the changes become effective.(c)For purposes of this title, regulation means material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, operating procedures, education and training materials and manuals, agency general orders, employee disciplinary protocols, use of force guidelines and procedures, body camera policies, agency bulletins, and any other directives or rules of conduct.

TITLE 4.7. Law Enforcement Agency Regulations13650. (a)Commencing January 1, 2019, the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency shall conspicuously post on their Internet Web site all of their current agency regulations that are not specifically exempt from disclosure pursuant to shall, to the fullest extent required by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Code), conspicuously post on their Internet Web sites, in a searchable manner, all current standards, policies, practices, operating procedures, and education and training materials.(b)Any changes to the regulations shall be posted on the Internet Web sites within 90 days after the changes become effective.(c)For purposes of this title, regulation means material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, operating procedures, education and training materials and manuals, agency general orders, employee disciplinary protocols, use of force guidelines and procedures, body camera policies, agency bulletins, and any other directives or rules of conduct.

TITLE 4.7. Law Enforcement Agency Regulations

TITLE 4.7. Law Enforcement Agency Regulations

13650. (a)Commencing January 1, 2019, the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency shall conspicuously post on their Internet Web site all of their current agency regulations that are not specifically exempt from disclosure pursuant to shall, to the fullest extent required by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Code), conspicuously post on their Internet Web sites, in a searchable manner, all current standards, policies, practices, operating procedures, and education and training materials.(b)Any changes to the regulations shall be posted on the Internet Web sites within 90 days after the changes become effective.(c)For purposes of this title, regulation means material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, operating procedures, education and training materials and manuals, agency general orders, employee disciplinary protocols, use of force guidelines and procedures, body camera policies, agency bulletins, and any other directives or rules of conduct.



13650. (a)Commencing January 1, 2019, the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency shall conspicuously post on their Internet Web site all of their current agency regulations that are not specifically exempt from disclosure pursuant to shall, to the fullest extent required by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Code), conspicuously post on their Internet Web sites, in a searchable manner, all current standards, policies, practices, operating procedures, and education and training materials.

(b)Any changes to the regulations shall be posted on the Internet Web sites within 90 days after the changes become effective.



(c)For purposes of this title, regulation means material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, operating procedures, education and training materials and manuals, agency general orders, employee disciplinary protocols, use of force guidelines and procedures, body camera policies, agency bulletins, and any other directives or rules of conduct.



SEC. 3. 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.

SEC. 3. 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.

SEC. 3. 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.

### SEC. 3.