Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote on a conference report to pass a bill that authorizes California's Commission on Peace Officer Standards and Training to strip an officer's certification after an advisory board recommendation.

Highlights:

• Requires the commission to adopt by regulation a definition of “serious misconduct” that shall serve as the criteria to be considered for ineligibility for, or revocation of, certification. This definition shall include all of the following (Sec. 2):

• Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence;

• Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest;

• Physical abuse, including, but not limited to, the excessive or unreasonable use of force;

• Sexual assault; 

• Demonstrating bias based on race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. This paragraph does not limit an employee’s rights under the First Amendment to the United States Constitution; or

• Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by the commission.

• Establishes that failure to cooperate with an investigation into potential police misconduct, including an investigation conducted according to this law. For purposes of this paragraph, the lawful exercise of rights granted under the United States Constitution, the California Constitution, or any other law shall not be considered a failure to cooperate (Sec. 2).

• Requires each law enforcement agency to be responsible for the completion of investigations of allegations of serious misconduct by a peace officer, regardless of their employment status by January 1st, 2023 (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote on a conference report to pass a bill that authorizes California's Commission on Peace Officer Standards and Training to strip an officer's certification after an advisory board recommendation.

Highlights:

• Requires the commission to adopt by regulation a definition of “serious misconduct” that shall serve as the criteria to be considered for ineligibility for, or revocation of, certification. This definition shall include all of the following (Sec. 2):

• Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence;

• Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest;

• Physical abuse, including, but not limited to, the excessive or unreasonable use of force;

• Sexual assault; 

• Demonstrating bias based on race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. This paragraph does not limit an employee’s rights under the First Amendment to the United States Constitution; or

• Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by the commission.

• Establishes that failure to cooperate with an investigation into potential police misconduct, including an investigation conducted according to this law. For purposes of this paragraph, the lawful exercise of rights granted under the United States Constitution, the California Constitution, or any other law shall not be considered a failure to cooperate (Sec. 2).

• Requires each law enforcement agency to be responsible for the completion of investigations of allegations of serious misconduct by a peace officer, regardless of their employment status by January 1st, 2023 (Sec. 2).

Full Bill Text