| 1 | | - | Senate Bill No. 399 CHAPTER 594 An act to amend Section 13500 of the Penal Code, relating to peace officers. [ Approved by Governor October 08, 2019. Filed with Secretary of State October 08, 2019. ] LEGISLATIVE COUNSEL'S DIGESTSB 399, Atkins. Commission on Peace Officer Standards and Training.Existing law establishes in the Department of Justice a Commission on Peace Officer Standards and Training. Existing law requires the Governor to appoint members to the commission, 2 of whom are required to be members of the public who are not peace officers. This bill would require the President pro Tempore of the Senate and the Speaker of the Assembly to each appoint a member of the commission who is not a peace officer and who has demonstrated expertise in specified areas.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13500 of the Penal Code is amended to read:13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.(b) The commission shall be composed of the following members:(1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.(2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.(3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code.(4) One member shall be an elected officer or chief administrative officer of a county in this state.(5) One member shall be an elected officer or chief administrative officer of a city in this state.(6) Two members shall be public members who shall not be peace officers.(7) One member shall be an educator or trainer in the field of criminal justice.(8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.(c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:(1) Implicit and explicit bias.(2) Cultural competency.(3) Mental health and policing.(4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.(d) The Attorney General shall be an ex officio member of the commission.(e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. |
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| 1 | + | Enrolled September 13, 2019 Passed IN Senate September 11, 2019 Passed IN Assembly September 10, 2019 Amended IN Assembly September 06, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 399Introduced by Senator AtkinsFebruary 20, 2019 An act to amend Section 13500 of the Penal Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGESTSB 399, Atkins. Commission on Peace Officer Standards and Training.Existing law establishes in the Department of Justice a Commission on Peace Officer Standards and Training. Existing law requires the Governor to appoint members to the commission, 2 of whom are required to be members of the public who are not peace officers. This bill would require the President pro Tempore of the Senate and the Speaker of the Assembly to each appoint a member of the commission who is not a peace officer and who has demonstrated expertise in specified areas.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13500 of the Penal Code is amended to read:13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.(b) The commission shall be composed of the following members:(1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.(2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.(3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code.(4) One member shall be an elected officer or chief administrative officer of a county in this state.(5) One member shall be an elected officer or chief administrative officer of a city in this state.(6) Two members shall be public members who shall not be peace officers.(7) One member shall be an educator or trainer in the field of criminal justice.(8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.(c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:(1) Implicit and explicit bias.(2) Cultural competency.(3) Mental health and policing.(4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.(d) The Attorney General shall be an ex officio member of the commission.(e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | SB 399, Atkins. Commission on Peace Officer Standards and Training. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing law establishes in the Department of Justice a Commission on Peace Officer Standards and Training. Existing law requires the Governor to appoint members to the commission, 2 of whom are required to be members of the public who are not peace officers. This bill would require the President pro Tempore of the Senate and the Speaker of the Assembly to each appoint a member of the commission who is not a peace officer and who has demonstrated expertise in specified areas. |
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| 22 | 32 | | |
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| 23 | 33 | | Existing law establishes in the Department of Justice a Commission on Peace Officer Standards and Training. Existing law requires the Governor to appoint members to the commission, 2 of whom are required to be members of the public who are not peace officers. |
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| 24 | 34 | | |
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| 25 | 35 | | This bill would require the President pro Tempore of the Senate and the Speaker of the Assembly to each appoint a member of the commission who is not a peace officer and who has demonstrated expertise in specified areas. |
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| 26 | 36 | | |
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| 27 | 37 | | ## Digest Key |
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| 28 | 38 | | |
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| 29 | 39 | | ## Bill Text |
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| 30 | 40 | | |
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| 31 | 41 | | The people of the State of California do enact as follows:SECTION 1. Section 13500 of the Penal Code is amended to read:13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.(b) The commission shall be composed of the following members:(1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.(2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.(3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code.(4) One member shall be an elected officer or chief administrative officer of a county in this state.(5) One member shall be an elected officer or chief administrative officer of a city in this state.(6) Two members shall be public members who shall not be peace officers.(7) One member shall be an educator or trainer in the field of criminal justice.(8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.(c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:(1) Implicit and explicit bias.(2) Cultural competency.(3) Mental health and policing.(4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.(d) The Attorney General shall be an ex officio member of the commission.(e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. |
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| 32 | 42 | | |
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| 33 | 43 | | The people of the State of California do enact as follows: |
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| 34 | 44 | | |
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| 35 | 45 | | ## The people of the State of California do enact as follows: |
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| 36 | 46 | | |
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| 37 | 47 | | SECTION 1. Section 13500 of the Penal Code is amended to read:13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.(b) The commission shall be composed of the following members:(1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.(2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.(3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code.(4) One member shall be an elected officer or chief administrative officer of a county in this state.(5) One member shall be an elected officer or chief administrative officer of a city in this state.(6) Two members shall be public members who shall not be peace officers.(7) One member shall be an educator or trainer in the field of criminal justice.(8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.(c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:(1) Implicit and explicit bias.(2) Cultural competency.(3) Mental health and policing.(4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.(d) The Attorney General shall be an ex officio member of the commission.(e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. |
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| 38 | 48 | | |
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| 39 | 49 | | SECTION 1. Section 13500 of the Penal Code is amended to read: |
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| 40 | 50 | | |
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| 41 | 51 | | ### SECTION 1. |
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| 42 | 52 | | |
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| 43 | 53 | | 13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.(b) The commission shall be composed of the following members:(1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.(2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.(3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code.(4) One member shall be an elected officer or chief administrative officer of a county in this state.(5) One member shall be an elected officer or chief administrative officer of a city in this state.(6) Two members shall be public members who shall not be peace officers.(7) One member shall be an educator or trainer in the field of criminal justice.(8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.(c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:(1) Implicit and explicit bias.(2) Cultural competency.(3) Mental health and policing.(4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.(d) The Attorney General shall be an ex officio member of the commission.(e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. |
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| 44 | 54 | | |
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| 45 | 55 | | 13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.(b) The commission shall be composed of the following members:(1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.(2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.(3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code.(4) One member shall be an elected officer or chief administrative officer of a county in this state.(5) One member shall be an elected officer or chief administrative officer of a city in this state.(6) Two members shall be public members who shall not be peace officers.(7) One member shall be an educator or trainer in the field of criminal justice.(8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.(c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:(1) Implicit and explicit bias.(2) Cultural competency.(3) Mental health and policing.(4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.(d) The Attorney General shall be an ex officio member of the commission.(e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. |
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| 46 | 56 | | |
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| 47 | 57 | | 13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.(b) The commission shall be composed of the following members:(1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.(2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.(3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code.(4) One member shall be an elected officer or chief administrative officer of a county in this state.(5) One member shall be an elected officer or chief administrative officer of a city in this state.(6) Two members shall be public members who shall not be peace officers.(7) One member shall be an educator or trainer in the field of criminal justice.(8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.(c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:(1) Implicit and explicit bias.(2) Cultural competency.(3) Mental health and policing.(4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.(d) The Attorney General shall be an ex officio member of the commission.(e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. |
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| 48 | 58 | | |
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| 49 | 59 | | |
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| 50 | 60 | | |
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| 51 | 61 | | 13500. (a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission. |
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| 52 | 62 | | |
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| 53 | 63 | | (b) The commission shall be composed of the following members: |
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| 54 | 64 | | |
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| 55 | 65 | | (1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof. |
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| 56 | 66 | | |
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| 57 | 67 | | (2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police. |
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| 58 | 68 | | |
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| 59 | 69 | | (3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code. |
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| 60 | 70 | | |
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| 61 | 71 | | (4) One member shall be an elected officer or chief administrative officer of a county in this state. |
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| 62 | 72 | | |
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| 63 | 73 | | (5) One member shall be an elected officer or chief administrative officer of a city in this state. |
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| 64 | 74 | | |
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| 65 | 75 | | (6) Two members shall be public members who shall not be peace officers. |
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| 66 | 76 | | |
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| 67 | 77 | | (7) One member shall be an educator or trainer in the field of criminal justice. |
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| 68 | 78 | | |
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| 69 | 79 | | (8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California. |
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| 70 | 80 | | |
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| 71 | 81 | | (c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas: |
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| 72 | 82 | | |
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| 73 | 83 | | (1) Implicit and explicit bias. |
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| 74 | 84 | | |
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| 75 | 85 | | (2) Cultural competency. |
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| 76 | 86 | | |
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| 77 | 87 | | (3) Mental health and policing. |
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| 78 | 88 | | |
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| 79 | 89 | | (4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities. |
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| 80 | 90 | | |
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| 81 | 91 | | (d) The Attorney General shall be an ex officio member of the commission. |
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| 82 | 92 | | |
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| 83 | 93 | | (e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. |
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