Amended IN Senate June 06, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 852Introduced by Assembly Member Jones-SawyerFebruary 14, 2023An act to add Section 17.3 to the Penal Code, relating to crimes. An act to amend Section 1031.4 of the Government Code, relating to peace officers, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 852, as amended, Jones-Sawyer. Sentencing: bias. Peace officers.Existing law requires the Commission on Peace Officer Standards and Training to establish a certification program for specified peace officers, including officers of the Department of the California Highway Patrol. Existing law requires the commission to establish, among others, basic certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Existing law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission.Existing law requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature by no later than June 1, 2023, outlining a plan to implement the program.Existing law requires peace officers in this state to meet specified minimum standards, including age and education requirements.Commencing on January 1, 2029, this bill would require a peace officer to attain a modern policing degree, as specified, or a bachelors or other advanced degree from an accredited college or university prior to receiving a basic certificate from the commission.This bill would declare that it is to take effect immediately as an urgency statute.Under existing law, a conviction or sentence is unlawfully imposed on the basis of race, ethnicity, or national origin if the defendant proves, among other things, that the defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins, or received a longer or more severe sentence, and the evidence establishes that the prosecution more frequently sought or obtained convictions for more serious offenses against people who share the defendants race, ethnicity, or national origin, as specified, or if a longer or more severe sentence was more frequently imposed on defendants of a particular race, ethnicity, or national origin, as specified. This bill would state the intent of the Legislature to rectify racial bias, as specified. The bill would require courts, whenever they have discretion to determine a sentence, to consider the disparate impact on historically disenfranchised and system-impacted populations.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1031.4 of the Government Code is amended to read:1031.4. (a) In addition to the standards in Section 1031, each state officer and employee designated as a peace officers officer as described in Section 830.1, with the exception of those a person described in subdivision (c) of that section, 830.2, with the exception of those a person described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall be at least 21 years of age at the time of appointment.(b) This section Subdivision (a) shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.(c) Commencing on January 1, 2029, an officer specified in subdivision (a) shall attain one of the following degrees prior to receiving a basic certificate pursuant to Section 13510.1 of the Penal Code:(1) A modern policing degree, as described in subdivision (a) of Section 13511.1 of the Penal Code, from a California Community College.(2) A bachelors degree or other advanced degree from an accredited college or university.(d) Subdivision (c) does not apply to any person who, as of December 31, 2028, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to assist community colleges that are in the process of developing a curriculum and avoid affecting law enforcement recruitment efforts, it is necessary for this act to take effect immediately.SECTION 1.Section 17.3 is added to the Penal Code, to read:17.3.(a)It is the intent of the Legislature to rectify the racial bias that has historically permeated our criminal justice system as documented by the California Task Force to Study and Develop Reparation Proposals for African Americans.(b)Whenever the court has discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council, the court presiding over a criminal matter shall consider the disparate impact on historically disenfranchised and system-impacted populations.
Amended IN Senate June 06, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 852Introduced by Assembly Member Jones-SawyerFebruary 14, 2023An act to add Section 17.3 to the Penal Code, relating to crimes. An act to amend Section 1031.4 of the Government Code, relating to peace officers, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 852, as amended, Jones-Sawyer. Sentencing: bias. Peace officers.Existing law requires the Commission on Peace Officer Standards and Training to establish a certification program for specified peace officers, including officers of the Department of the California Highway Patrol. Existing law requires the commission to establish, among others, basic certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Existing law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission.Existing law requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature by no later than June 1, 2023, outlining a plan to implement the program.Existing law requires peace officers in this state to meet specified minimum standards, including age and education requirements.Commencing on January 1, 2029, this bill would require a peace officer to attain a modern policing degree, as specified, or a bachelors or other advanced degree from an accredited college or university prior to receiving a basic certificate from the commission.This bill would declare that it is to take effect immediately as an urgency statute.Under existing law, a conviction or sentence is unlawfully imposed on the basis of race, ethnicity, or national origin if the defendant proves, among other things, that the defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins, or received a longer or more severe sentence, and the evidence establishes that the prosecution more frequently sought or obtained convictions for more serious offenses against people who share the defendants race, ethnicity, or national origin, as specified, or if a longer or more severe sentence was more frequently imposed on defendants of a particular race, ethnicity, or national origin, as specified. This bill would state the intent of the Legislature to rectify racial bias, as specified. The bill would require courts, whenever they have discretion to determine a sentence, to consider the disparate impact on historically disenfranchised and system-impacted populations.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate June 06, 2024
Amended IN Senate June 06, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 852
Introduced by Assembly Member Jones-SawyerFebruary 14, 2023
Introduced by Assembly Member Jones-Sawyer
February 14, 2023
An act to add Section 17.3 to the Penal Code, relating to crimes. An act to amend Section 1031.4 of the Government Code, relating to peace officers, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 852, as amended, Jones-Sawyer. Sentencing: bias. Peace officers.
Existing law requires the Commission on Peace Officer Standards and Training to establish a certification program for specified peace officers, including officers of the Department of the California Highway Patrol. Existing law requires the commission to establish, among others, basic certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Existing law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission.Existing law requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature by no later than June 1, 2023, outlining a plan to implement the program.Existing law requires peace officers in this state to meet specified minimum standards, including age and education requirements.Commencing on January 1, 2029, this bill would require a peace officer to attain a modern policing degree, as specified, or a bachelors or other advanced degree from an accredited college or university prior to receiving a basic certificate from the commission.This bill would declare that it is to take effect immediately as an urgency statute.Under existing law, a conviction or sentence is unlawfully imposed on the basis of race, ethnicity, or national origin if the defendant proves, among other things, that the defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins, or received a longer or more severe sentence, and the evidence establishes that the prosecution more frequently sought or obtained convictions for more serious offenses against people who share the defendants race, ethnicity, or national origin, as specified, or if a longer or more severe sentence was more frequently imposed on defendants of a particular race, ethnicity, or national origin, as specified. This bill would state the intent of the Legislature to rectify racial bias, as specified. The bill would require courts, whenever they have discretion to determine a sentence, to consider the disparate impact on historically disenfranchised and system-impacted populations.
Existing law requires the Commission on Peace Officer Standards and Training to establish a certification program for specified peace officers, including officers of the Department of the California Highway Patrol. Existing law requires the commission to establish, among others, basic certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Existing law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission.
Existing law requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature by no later than June 1, 2023, outlining a plan to implement the program.
Existing law requires peace officers in this state to meet specified minimum standards, including age and education requirements.
Commencing on January 1, 2029, this bill would require a peace officer to attain a modern policing degree, as specified, or a bachelors or other advanced degree from an accredited college or university prior to receiving a basic certificate from the commission.
This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, a conviction or sentence is unlawfully imposed on the basis of race, ethnicity, or national origin if the defendant proves, among other things, that the defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins, or received a longer or more severe sentence, and the evidence establishes that the prosecution more frequently sought or obtained convictions for more serious offenses against people who share the defendants race, ethnicity, or national origin, as specified, or if a longer or more severe sentence was more frequently imposed on defendants of a particular race, ethnicity, or national origin, as specified.
This bill would state the intent of the Legislature to rectify racial bias, as specified. The bill would require courts, whenever they have discretion to determine a sentence, to consider the disparate impact on historically disenfranchised and system-impacted populations.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1031.4 of the Government Code is amended to read:1031.4. (a) In addition to the standards in Section 1031, each state officer and employee designated as a peace officers officer as described in Section 830.1, with the exception of those a person described in subdivision (c) of that section, 830.2, with the exception of those a person described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall be at least 21 years of age at the time of appointment.(b) This section Subdivision (a) shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.(c) Commencing on January 1, 2029, an officer specified in subdivision (a) shall attain one of the following degrees prior to receiving a basic certificate pursuant to Section 13510.1 of the Penal Code:(1) A modern policing degree, as described in subdivision (a) of Section 13511.1 of the Penal Code, from a California Community College.(2) A bachelors degree or other advanced degree from an accredited college or university.(d) Subdivision (c) does not apply to any person who, as of December 31, 2028, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to assist community colleges that are in the process of developing a curriculum and avoid affecting law enforcement recruitment efforts, it is necessary for this act to take effect immediately.SECTION 1.Section 17.3 is added to the Penal Code, to read:17.3.(a)It is the intent of the Legislature to rectify the racial bias that has historically permeated our criminal justice system as documented by the California Task Force to Study and Develop Reparation Proposals for African Americans.(b)Whenever the court has discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council, the court presiding over a criminal matter shall consider the disparate impact on historically disenfranchised and system-impacted populations.
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 1031.4 of the Government Code is amended to read:1031.4. (a) In addition to the standards in Section 1031, each state officer and employee designated as a peace officers officer as described in Section 830.1, with the exception of those a person described in subdivision (c) of that section, 830.2, with the exception of those a person described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall be at least 21 years of age at the time of appointment.(b) This section Subdivision (a) shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.(c) Commencing on January 1, 2029, an officer specified in subdivision (a) shall attain one of the following degrees prior to receiving a basic certificate pursuant to Section 13510.1 of the Penal Code:(1) A modern policing degree, as described in subdivision (a) of Section 13511.1 of the Penal Code, from a California Community College.(2) A bachelors degree or other advanced degree from an accredited college or university.(d) Subdivision (c) does not apply to any person who, as of December 31, 2028, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.
SECTION 1. Section 1031.4 of the Government Code is amended to read:
### SECTION 1.
1031.4. (a) In addition to the standards in Section 1031, each state officer and employee designated as a peace officers officer as described in Section 830.1, with the exception of those a person described in subdivision (c) of that section, 830.2, with the exception of those a person described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall be at least 21 years of age at the time of appointment.(b) This section Subdivision (a) shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.(c) Commencing on January 1, 2029, an officer specified in subdivision (a) shall attain one of the following degrees prior to receiving a basic certificate pursuant to Section 13510.1 of the Penal Code:(1) A modern policing degree, as described in subdivision (a) of Section 13511.1 of the Penal Code, from a California Community College.(2) A bachelors degree or other advanced degree from an accredited college or university.(d) Subdivision (c) does not apply to any person who, as of December 31, 2028, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.
1031.4. (a) In addition to the standards in Section 1031, each state officer and employee designated as a peace officers officer as described in Section 830.1, with the exception of those a person described in subdivision (c) of that section, 830.2, with the exception of those a person described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall be at least 21 years of age at the time of appointment.(b) This section Subdivision (a) shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.(c) Commencing on January 1, 2029, an officer specified in subdivision (a) shall attain one of the following degrees prior to receiving a basic certificate pursuant to Section 13510.1 of the Penal Code:(1) A modern policing degree, as described in subdivision (a) of Section 13511.1 of the Penal Code, from a California Community College.(2) A bachelors degree or other advanced degree from an accredited college or university.(d) Subdivision (c) does not apply to any person who, as of December 31, 2028, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.
1031.4. (a) In addition to the standards in Section 1031, each state officer and employee designated as a peace officers officer as described in Section 830.1, with the exception of those a person described in subdivision (c) of that section, 830.2, with the exception of those a person described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall be at least 21 years of age at the time of appointment.(b) This section Subdivision (a) shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.(c) Commencing on January 1, 2029, an officer specified in subdivision (a) shall attain one of the following degrees prior to receiving a basic certificate pursuant to Section 13510.1 of the Penal Code:(1) A modern policing degree, as described in subdivision (a) of Section 13511.1 of the Penal Code, from a California Community College.(2) A bachelors degree or other advanced degree from an accredited college or university.(d) Subdivision (c) does not apply to any person who, as of December 31, 2028, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.
1031.4. (a) In addition to the standards in Section 1031, each state officer and employee designated as a peace officers officer as described in Section 830.1, with the exception of those a person described in subdivision (c) of that section, 830.2, with the exception of those a person described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall be at least 21 years of age at the time of appointment.
(b) This section Subdivision (a) shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.
(c) Commencing on January 1, 2029, an officer specified in subdivision (a) shall attain one of the following degrees prior to receiving a basic certificate pursuant to Section 13510.1 of the Penal Code:
(1) A modern policing degree, as described in subdivision (a) of Section 13511.1 of the Penal Code, from a California Community College.
(2) A bachelors degree or other advanced degree from an accredited college or university.
(d) Subdivision (c) does not apply to any person who, as of December 31, 2028, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to assist community colleges that are in the process of developing a curriculum and avoid affecting law enforcement recruitment efforts, it is necessary for this act to take effect immediately.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to assist community colleges that are in the process of developing a curriculum and avoid affecting law enforcement recruitment efforts, it is necessary for this act to take effect immediately.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 2.
In order to assist community colleges that are in the process of developing a curriculum and avoid affecting law enforcement recruitment efforts, it is necessary for this act to take effect immediately.
(a)It is the intent of the Legislature to rectify the racial bias that has historically permeated our criminal justice system as documented by the California Task Force to Study and Develop Reparation Proposals for African Americans.
(b)Whenever the court has discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council, the court presiding over a criminal matter shall consider the disparate impact on historically disenfranchised and system-impacted populations.