Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2799Introduced by Assembly Member Jones-SawyerFebruary 18, 2022 An act to amend Section 13601 of add Section 1127i to the Penal Code, relating to the Commission on Correctional Peace Officer Standards and Training. criminal trials.LEGISLATIVE COUNSEL'S DIGESTAB 2799, as amended, Jones-Sawyer. Commission on Correctional Peace Officer Standards and Training. Criminal trials: jury instructions.Existing law governs the proceedings of criminal trials. When the evidence and closing arguments are concluded, existing law authorizes the judge to charge the jury, and to do so on any points of law pertinent to the issue, if requested by either party. Existing law authorizes the judge to state the testimony, comment on the evidence, testimony, and credibility of any witness as is necessary for the proper determination of the case, and declare the law. Existing law authorizes a trial judge, at the beginning of or during the trial, and without any request from either party, to give the jury such instructions on the law applicable to the case as they may deem necessary for the jurys guidance on hearing the case. Upon the jury retiring for deliberation, existing law requires the court to advise the jury of the availability of a written copy of the jury instructions.This bill would create a new jury instruction for a judge, upon the request of a party, to use in a criminal trial where a form of creative expression, as defined, is admitted into evidence as evidence of guilt.Existing law establishes the Commission on Correctional Peace Officer Standards and Training (CPOST) within the Department of Corrections and Rehabilitation and requires the commission to develop and approve standards for the selection and training of state correctional peace officer apprentices.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1127i is added to the Penal Code, to read:1127i. (a) In a criminal trial or proceeding where a form of creative expression is admitted into evidence as evidence of guilt, upon the request of a party, the court shall instruct the jury as follows or admonish the jury with a substantially similar instruction:In evaluating the evidence of creative expression that has been introduced, this evidence should be viewed with caution and close scrutiny. You should not use the evidence to support a finding that the defendant has the propensity to commit a crime or as character evidence.(b) As used in this section, a creative expression means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.(c) In addition to the jury instruction required under subdivision (a), the court may provide the jury with any additional instructions it may deem necessary.SECTION 1.Section 13601 of the Penal Code is amended to read:13601.(a)(1)The CPOST shall develop, approve, and monitor standards for the selection and training of state correctional peace officer apprentices.(2)Any standard for selection established under this subdivision shall be subject to approval by the Department of Human Resources. Using the psychological and screening standards approved by the Department of Human Resources, the Department of Human Resources or the Department of Corrections and Rehabilitation shall ensure that, prior to training, each applicant who has otherwise qualified in all physical and other testing requirements to be a peace officer the Department of Corrections and Rehabilitation, is determined to be free from emotional or mental conditions that might adversely affect the exercise of the applicants duties and powers as a peace officer pursuant to the standards developed by CPOST.(3)When developing, approving, and monitoring the standards for training of state correctional peace officer apprentices, the CPOST shall consider including additional training in the areas of mental health and rehabilitation, as well as coursework on the theory and history of corrections.(b)The CPOST may approve standards for a course in the carrying and use of firearms for correctional peace officers that is different from that prescribed pursuant to Section 832. The standards shall take into consideration the different circumstances presented within the institutional setting from that presented to other law enforcement agencies outside the correctional setting.(c)Notwithstanding Section 3078 of the Labor Code, the length of the probationary period for correctional peace officer apprentices shall be determined by the CPOST subject to approval by the State Personnel Board, pursuant to Section 19170 of the Government Code.(d)The CPOST shall develop, approve, and monitor standards for advanced rank-and-file and supervisory state correctional peace officer and training programs for the Department of Corrections and Rehabilitation. When a correctional peace officer is promoted within the department, the officer shall be provided with and be required to complete these secondary training experiences.(e)The CPOST shall develop, approve, and monitor standards for the training of state correctional peace officers in the department in the handling of stress associated with their duties.(f)Toward the accomplishment of the objectives of this section, the CPOST may confer with, and may avail itself of the assistance and recommendations of, other state and local agencies, boards, or commissions.(g)Notwithstanding the authority of the CPOST, the department shall design and deliver training programs, shall conduct validation studies, and shall provide program support. The CPOST shall monitor program compliance by the department.(h)The CPOST may disapprove any training courses created by the department pursuant to the standards developed by CPOST if it determines that the courses do not meet the prescribed standards. Training may continue with existing curriculum pending resolution.(i)The CPOST shall annually submit an estimate of costs to conduct those inquiries and audits as may be necessary to determine whether the department and each of its institutions and parole regions are adhering to the standards developed by the CPOST, and shall conduct those inquiries and audits consistent with the annual Budget Act.(j)The CPOST shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties regarding the CPOST rules, regulations, standards, or decisions.
Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2799Introduced by Assembly Member Jones-SawyerFebruary 18, 2022 An act to amend Section 13601 of add Section 1127i to the Penal Code, relating to the Commission on Correctional Peace Officer Standards and Training. criminal trials.LEGISLATIVE COUNSEL'S DIGESTAB 2799, as amended, Jones-Sawyer. Commission on Correctional Peace Officer Standards and Training. Criminal trials: jury instructions.Existing law governs the proceedings of criminal trials. When the evidence and closing arguments are concluded, existing law authorizes the judge to charge the jury, and to do so on any points of law pertinent to the issue, if requested by either party. Existing law authorizes the judge to state the testimony, comment on the evidence, testimony, and credibility of any witness as is necessary for the proper determination of the case, and declare the law. Existing law authorizes a trial judge, at the beginning of or during the trial, and without any request from either party, to give the jury such instructions on the law applicable to the case as they may deem necessary for the jurys guidance on hearing the case. Upon the jury retiring for deliberation, existing law requires the court to advise the jury of the availability of a written copy of the jury instructions.This bill would create a new jury instruction for a judge, upon the request of a party, to use in a criminal trial where a form of creative expression, as defined, is admitted into evidence as evidence of guilt.Existing law establishes the Commission on Correctional Peace Officer Standards and Training (CPOST) within the Department of Corrections and Rehabilitation and requires the commission to develop and approve standards for the selection and training of state correctional peace officer apprentices.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 10, 2022
Amended IN Assembly March 10, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2799
Introduced by Assembly Member Jones-SawyerFebruary 18, 2022
Introduced by Assembly Member Jones-Sawyer
February 18, 2022
An act to amend Section 13601 of add Section 1127i to the Penal Code, relating to the Commission on Correctional Peace Officer Standards and Training. criminal trials.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2799, as amended, Jones-Sawyer. Commission on Correctional Peace Officer Standards and Training. Criminal trials: jury instructions.
Existing law governs the proceedings of criminal trials. When the evidence and closing arguments are concluded, existing law authorizes the judge to charge the jury, and to do so on any points of law pertinent to the issue, if requested by either party. Existing law authorizes the judge to state the testimony, comment on the evidence, testimony, and credibility of any witness as is necessary for the proper determination of the case, and declare the law. Existing law authorizes a trial judge, at the beginning of or during the trial, and without any request from either party, to give the jury such instructions on the law applicable to the case as they may deem necessary for the jurys guidance on hearing the case. Upon the jury retiring for deliberation, existing law requires the court to advise the jury of the availability of a written copy of the jury instructions.This bill would create a new jury instruction for a judge, upon the request of a party, to use in a criminal trial where a form of creative expression, as defined, is admitted into evidence as evidence of guilt.Existing law establishes the Commission on Correctional Peace Officer Standards and Training (CPOST) within the Department of Corrections and Rehabilitation and requires the commission to develop and approve standards for the selection and training of state correctional peace officer apprentices.This bill would make technical, nonsubstantive changes to these provisions.
Existing law governs the proceedings of criminal trials. When the evidence and closing arguments are concluded, existing law authorizes the judge to charge the jury, and to do so on any points of law pertinent to the issue, if requested by either party. Existing law authorizes the judge to state the testimony, comment on the evidence, testimony, and credibility of any witness as is necessary for the proper determination of the case, and declare the law. Existing law authorizes a trial judge, at the beginning of or during the trial, and without any request from either party, to give the jury such instructions on the law applicable to the case as they may deem necessary for the jurys guidance on hearing the case. Upon the jury retiring for deliberation, existing law requires the court to advise the jury of the availability of a written copy of the jury instructions.
This bill would create a new jury instruction for a judge, upon the request of a party, to use in a criminal trial where a form of creative expression, as defined, is admitted into evidence as evidence of guilt.
Existing law establishes the Commission on Correctional Peace Officer Standards and Training (CPOST) within the Department of Corrections and Rehabilitation and requires the commission to develop and approve standards for the selection and training of state correctional peace officer apprentices.
This bill would make technical, nonsubstantive changes to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1127i is added to the Penal Code, to read:1127i. (a) In a criminal trial or proceeding where a form of creative expression is admitted into evidence as evidence of guilt, upon the request of a party, the court shall instruct the jury as follows or admonish the jury with a substantially similar instruction:In evaluating the evidence of creative expression that has been introduced, this evidence should be viewed with caution and close scrutiny. You should not use the evidence to support a finding that the defendant has the propensity to commit a crime or as character evidence.(b) As used in this section, a creative expression means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.(c) In addition to the jury instruction required under subdivision (a), the court may provide the jury with any additional instructions it may deem necessary.SECTION 1.Section 13601 of the Penal Code is amended to read:13601.(a)(1)The CPOST shall develop, approve, and monitor standards for the selection and training of state correctional peace officer apprentices.(2)Any standard for selection established under this subdivision shall be subject to approval by the Department of Human Resources. Using the psychological and screening standards approved by the Department of Human Resources, the Department of Human Resources or the Department of Corrections and Rehabilitation shall ensure that, prior to training, each applicant who has otherwise qualified in all physical and other testing requirements to be a peace officer the Department of Corrections and Rehabilitation, is determined to be free from emotional or mental conditions that might adversely affect the exercise of the applicants duties and powers as a peace officer pursuant to the standards developed by CPOST.(3)When developing, approving, and monitoring the standards for training of state correctional peace officer apprentices, the CPOST shall consider including additional training in the areas of mental health and rehabilitation, as well as coursework on the theory and history of corrections.(b)The CPOST may approve standards for a course in the carrying and use of firearms for correctional peace officers that is different from that prescribed pursuant to Section 832. The standards shall take into consideration the different circumstances presented within the institutional setting from that presented to other law enforcement agencies outside the correctional setting.(c)Notwithstanding Section 3078 of the Labor Code, the length of the probationary period for correctional peace officer apprentices shall be determined by the CPOST subject to approval by the State Personnel Board, pursuant to Section 19170 of the Government Code.(d)The CPOST shall develop, approve, and monitor standards for advanced rank-and-file and supervisory state correctional peace officer and training programs for the Department of Corrections and Rehabilitation. When a correctional peace officer is promoted within the department, the officer shall be provided with and be required to complete these secondary training experiences.(e)The CPOST shall develop, approve, and monitor standards for the training of state correctional peace officers in the department in the handling of stress associated with their duties.(f)Toward the accomplishment of the objectives of this section, the CPOST may confer with, and may avail itself of the assistance and recommendations of, other state and local agencies, boards, or commissions.(g)Notwithstanding the authority of the CPOST, the department shall design and deliver training programs, shall conduct validation studies, and shall provide program support. The CPOST shall monitor program compliance by the department.(h)The CPOST may disapprove any training courses created by the department pursuant to the standards developed by CPOST if it determines that the courses do not meet the prescribed standards. Training may continue with existing curriculum pending resolution.(i)The CPOST shall annually submit an estimate of costs to conduct those inquiries and audits as may be necessary to determine whether the department and each of its institutions and parole regions are adhering to the standards developed by the CPOST, and shall conduct those inquiries and audits consistent with the annual Budget Act.(j)The CPOST shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties regarding the CPOST rules, regulations, standards, or decisions.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1127i is added to the Penal Code, to read:1127i. (a) In a criminal trial or proceeding where a form of creative expression is admitted into evidence as evidence of guilt, upon the request of a party, the court shall instruct the jury as follows or admonish the jury with a substantially similar instruction:In evaluating the evidence of creative expression that has been introduced, this evidence should be viewed with caution and close scrutiny. You should not use the evidence to support a finding that the defendant has the propensity to commit a crime or as character evidence.(b) As used in this section, a creative expression means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.(c) In addition to the jury instruction required under subdivision (a), the court may provide the jury with any additional instructions it may deem necessary.
SECTION 1. Section 1127i is added to the Penal Code, to read:
### SECTION 1.
1127i. (a) In a criminal trial or proceeding where a form of creative expression is admitted into evidence as evidence of guilt, upon the request of a party, the court shall instruct the jury as follows or admonish the jury with a substantially similar instruction:In evaluating the evidence of creative expression that has been introduced, this evidence should be viewed with caution and close scrutiny. You should not use the evidence to support a finding that the defendant has the propensity to commit a crime or as character evidence.(b) As used in this section, a creative expression means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.(c) In addition to the jury instruction required under subdivision (a), the court may provide the jury with any additional instructions it may deem necessary.
1127i. (a) In a criminal trial or proceeding where a form of creative expression is admitted into evidence as evidence of guilt, upon the request of a party, the court shall instruct the jury as follows or admonish the jury with a substantially similar instruction:In evaluating the evidence of creative expression that has been introduced, this evidence should be viewed with caution and close scrutiny. You should not use the evidence to support a finding that the defendant has the propensity to commit a crime or as character evidence.(b) As used in this section, a creative expression means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.(c) In addition to the jury instruction required under subdivision (a), the court may provide the jury with any additional instructions it may deem necessary.
1127i. (a) In a criminal trial or proceeding where a form of creative expression is admitted into evidence as evidence of guilt, upon the request of a party, the court shall instruct the jury as follows or admonish the jury with a substantially similar instruction:In evaluating the evidence of creative expression that has been introduced, this evidence should be viewed with caution and close scrutiny. You should not use the evidence to support a finding that the defendant has the propensity to commit a crime or as character evidence.(b) As used in this section, a creative expression means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.(c) In addition to the jury instruction required under subdivision (a), the court may provide the jury with any additional instructions it may deem necessary.
1127i. (a) In a criminal trial or proceeding where a form of creative expression is admitted into evidence as evidence of guilt, upon the request of a party, the court shall instruct the jury as follows or admonish the jury with a substantially similar instruction:
In evaluating the evidence of creative expression that has been introduced, this evidence should be viewed with caution and close scrutiny. You should not use the evidence to support a finding that the defendant has the propensity to commit a crime or as character evidence.
(b) As used in this section, a creative expression means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.
(c) In addition to the jury instruction required under subdivision (a), the court may provide the jury with any additional instructions it may deem necessary.
(a)(1)The CPOST shall develop, approve, and monitor standards for the selection and training of state correctional peace officer apprentices.
(2)Any standard for selection established under this subdivision shall be subject to approval by the Department of Human Resources. Using the psychological and screening standards approved by the Department of Human Resources, the Department of Human Resources or the Department of Corrections and Rehabilitation shall ensure that, prior to training, each applicant who has otherwise qualified in all physical and other testing requirements to be a peace officer the Department of Corrections and Rehabilitation, is determined to be free from emotional or mental conditions that might adversely affect the exercise of the applicants duties and powers as a peace officer pursuant to the standards developed by CPOST.
(3)When developing, approving, and monitoring the standards for training of state correctional peace officer apprentices, the CPOST shall consider including additional training in the areas of mental health and rehabilitation, as well as coursework on the theory and history of corrections.
(b)The CPOST may approve standards for a course in the carrying and use of firearms for correctional peace officers that is different from that prescribed pursuant to Section 832. The standards shall take into consideration the different circumstances presented within the institutional setting from that presented to other law enforcement agencies outside the correctional setting.
(c)Notwithstanding Section 3078 of the Labor Code, the length of the probationary period for correctional peace officer apprentices shall be determined by the CPOST subject to approval by the State Personnel Board, pursuant to Section 19170 of the Government Code.
(d)The CPOST shall develop, approve, and monitor standards for advanced rank-and-file and supervisory state correctional peace officer and training programs for the Department of Corrections and Rehabilitation. When a correctional peace officer is promoted within the department, the officer shall be provided with and be required to complete these secondary training experiences.
(e)The CPOST shall develop, approve, and monitor standards for the training of state correctional peace officers in the department in the handling of stress associated with their duties.
(f)Toward the accomplishment of the objectives of this section, the CPOST may confer with, and may avail itself of the assistance and recommendations of, other state and local agencies, boards, or commissions.
(g)Notwithstanding the authority of the CPOST, the department shall design and deliver training programs, shall conduct validation studies, and shall provide program support. The CPOST shall monitor program compliance by the department.
(h)The CPOST may disapprove any training courses created by the department pursuant to the standards developed by CPOST if it determines that the courses do not meet the prescribed standards. Training may continue with existing curriculum pending resolution.
(i)The CPOST shall annually submit an estimate of costs to conduct those inquiries and audits as may be necessary to determine whether the department and each of its institutions and parole regions are adhering to the standards developed by the CPOST, and shall conduct those inquiries and audits consistent with the annual Budget Act.
(j)The CPOST shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties regarding the CPOST rules, regulations, standards, or decisions.