Assembly BillVetoedGovernment
AB 1896: Public employment: disqualifications.
What AB 1896 does, verified October 1, 2026
<p>The proposed act amends existing laws governing public employment qualifications in California. It disqualifies individuals from becoming peace officers or holding other public positions if they were previously employed by entities engaged in immigration enforcement between January 20, 2025, and January 20, 2029. The bill also adds this requirement to the minimum standards for peace officer employment and eligibility criteria set by the Department of Human Resources.</p> <p>Additionally, it makes individuals ineligible for public employment if they were previously employed by such entities during the specified period. This change would apply to all levels of government in California, including cities, counties, districts, and other public agencies.</p> <p>The bill includes provisions that make its requirements severable and notes that these changes address a matter of statewide conce…
Bill journey
✓IntroducedComplete
✓In CommitteeComplete
✓First Chamber FloorComplete
✓Second ChamberComplete
5GovernorCurrent
6ChapteredPending
Last action: Vetoed by Governor. (2026-09-30)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions31 total · showing 5
| Sep. 30, 2026 | Vetoed by Governor. |
| Sep. 14, 2026 | Enrolled and presented to the Governor at 1:30 p.m. |
| Aug. 31, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 19. Page 7070.). |
| Aug. 31, 2026 | Assembly Rule 63 suspended. (Page 7070.) |
| Aug. 31, 2026 | In Assembly. Concurrence in Senate amendments pending. |
Latest bill textEnrolled version, September 4, 2026 · 12,807 words
| Enrolled September 04, 2026 |
| Passed IN Senate August 30, 2026 |
| Passed IN Assembly August 31, 2026 |
| Amended IN Senate August 27, 2026 |
| Amended IN Senate August 21, 2026 |
| Amended IN Senate August 13, 2026 |
| Amended IN Senate June 24, 2026 |
| Amended IN Assembly April 14, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1896
| Introduced by Assembly Members Mark González and Rivas (Principal coauthor: Assembly Member Carrillo) (Principal coauthors: Senators Durazo and Gonzalez) (Coauthors: Assembly Members Connolly, Elhawary, Garcia, Haney, Jackson, Lee, Ortega, and Zbur) (Coauthors: Senators Cervantes and Pérez) |
February 12, 2026 |
An act to amend Sections 1029, 1031, 1031.1, 18720.45, and 18935 of, and to add Sections 1025 and 1031.15 to, the Government Code, and to amend Sections 13510.8 and 13681 of the Penal Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1896, Mark González. Public employment: disqualifications.
Existing law contains numerous provisions governing the qualifications, standards, and training of peace officers. Existing law specifies circumstances that disqualify a person from holding office or being employed as a peace officer, including, among other things, having been convicted of a felony.
This bill, the GTFO Act, would, commencing January 1, 2028, disqualify from being a peace officer a person previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, as defined, except as specified.
Existing law requires each class of public officers or employees declared by law to be peace officers to meet specified minimum standards, including that they be 18 years of age or older, be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record, and be of good moral character, as determined by a thorough background investigation.
This bill would, for purposes of those background investigations, authorize a hiring agency to consider news articles, verified social media posts, filings of civil complaints, and other verified sources.
This bill, for purposes of an applicant who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, would require the hiring agency to complete the background investigation before the candidate participates in a Peace Officer Standards and Training (POST) basic course. The bill would require the hiring agency to review the background investigation and determine if the individual is suitable to enter the POST basic course subject to certain suitability standards adopted by the Commission on Peace Officer Standards and Training.
This bill would require every applicant seeking appointment as a peace officer or enrollment in a POST basic course to submit to the hiring agency a declaration submitted under penalty of perjury that states whether the applicant has, at any time been employed as a sworn law enforcement officer or individual contractor that personally engaged in immigration enforcement, as specified. By requiring this statement to be made under penalty of perjury, the bill would expand the scope of a crime and impose a state-mandated local program.
Existing law, the State Civil Service Act, requires that the employment procedures of the Department of Human Resources (CalHR) and of each state agency conform to the federal and state laws governing employment practices, including the use of employment forms. Existing law requires employment forms used by a state agency to require a person applying for employment to disclose whether the person has entered into an agreement with the state regarding any previous employment with the state that prohibits the person from seeking or accepting any subsequent employment with the state.
This bill would additionally require the above-described employment forms to require a person applying for employment to disclose whether the person has been employed as a sworn law enforcement officer or individual contractor that personally engaged in immigration enforcement, as defined.
Existing law authorizes CalHR or a designated appointing power to refuse to examine or, after examination, to refuse to declare as eligible, or to withhold or withdraw from certification, prior to appointment, anyone who meets certain criteria, such as a person who has misrepresented themselves during the application process.
This bill would add to these criteria a person who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, as defined, except as specified.
Existing law makes a person ineligible to hold office or employment of any kind with the state, or any county, city, district, or other political or governmental unit of the state, if the person has by oath bound themselves to support, maintain, or further the military or political activities or policies of a foreign government, as specified, or to obey the orders or directions of any foreign government or its officials.
This bill, commencing January 1, 2028, would make a person ineligible to hold public employment, including employment with a city, county, district, or any other public agency of the state, because the person was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, as defined, except as specified.
Existing law requires the Commission on Peace Officer Standards and Training to establish a certification program for peace officers. Existing law requires, for each applicant for admission to a basic course of training certified by the commission that includes the carrying and use of firearms, who is not sponsored by a local or other law enforcement agency or is not a peace officer employed by a state or local agency, department, or district, to submit written certification from the Department of Justice that the applicant is eligible to possess, receive, own, and purchase a firearm pursuant to state and federal law.
This bill would, for purposes of an applicant for the basic course who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, require the commission to deny suitability for enrollment in the basic course, unless the commission receives notice from the hiring agency granting the applicant’s suitability, as specified. The bill, by January 1, 2028, would require the commission to adopt, by regulation, a definition of “suitability,” as specified.
Existing law requires any background investigation of a candidate for a peace officer position to include an inquiry into whether the candidate has engaged or is engaging in membership in a hate group.
This bill would require the background investigation to include an inquiry into whether the candidate has engaged in immigration enforcement.
By increasing the duties of local agencies, this bill would impose a state-mandated local program.
The bill would make the provisions of the act severable.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
This bill would incorporate additional changes to Section 1029 of the Government Code proposed by AB 1627 to be operative only if this bill and AB 1627 are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 13510.8 of the Penal Code proposed by AB 2337 to be operative only if this bill and AB 2337 are enacted and this bill is enacted last.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the GTFO Act.GTFO Act
SEC. 2.
The Legislature finds and declares all of the following:(a) (1) Since the inauguration of President Donald J. Trump on January 20, 2025, immigration enforcement agents have carried out an indiscriminate mass terror campaign against innocent men, women, and children across the nation.
(2) Immigration enforcement agents, under the direction of their leadership, have committed grave, inhumane, and horrific patterns of hate, abuse, violence, and even execution.
(3) These raids take the form of shootings, deaths in custody, and family separations, including:
(A) The wrongful execution of 37-year-old Renée Nicole Good, a mother of three and loving wife, in the City of Minneapolis, Minnesota.
(B) The shooting of Carlitos Ricardo Parias, a popular streamer who was shot by federal agents in the City of Los Angeles after an extreme example of immigration enforcement agent misconduct.
(C) The violent abuse and injuries labor leader and activist David Huerta experienced after an encounter with immigration enforcement agents in the City of Los Angeles.
(D) The 32 lives lost in immigration enforcement custody over the year of 2025, including several elderly persons.
(E) The fatal shooting of Silverio Villegas González, who attempted to flee United States Immigration and Customs Enforcement (ICE) officers in the City of Chicago, Illinois.
(F) Countless peaceful protesters have been abused, pepper sprayed, sandbagged, or hit by immigration enforcement agents.
(G) The murder of Alex Pretti, an intensive care nurse at the United States Department of Veterans Affairs hospital in the City of Minneapolis, Minnesota.
(H) Immigration enforcement agents kidnapping five-year-old Liam Conejo Ramos to use him as bait to capture and arrest his father.
(I) The fatal shooting of Keith Porter Jr., father of two, by an off-duty ICE officer on New Year’s Eve.
(J) The fatal shooting of Lorenzo Salgado Araujo, father and husband, while he was traveling to work in the City of Houston, Texas.
(K) The shooting and killing of Joan Sebastian Guerrero, an immigrant and father, in the City of Biddeford, Maine, when he was not even the target of an ICE operation.
(4) Immigration enforcement agents have reportedly used phrases such as “I was just following orders” to continue to perpetuate harm, including by agents who fatally shot innocent civilians.
(5) Vice President JD Vance has publicly stated that the immigration enforcement agent involved in the execution of Renée Nicole Good was “just doing his job,” framing the murder as justified enforcement. Additional reporting indicates that leadership has instructed ICE agents to take “decisive action should you be faced with an imminent threat.”
(6) ICE announced it has doubled in size to 22,000 employees in less than one year, compared to Border Patrol taking six years to accomplish the same, and has been faced with a wave of corruption, abuse, and misconduct by new hires.
(7) ICE agents have repeatedly abused their position and power to commit illegal actions, including all of the following:
(A) Samuel Saxon, an ICE field office supervisor and 20-year veteran, who has been jailed since December 2025 on charges of attempting to strangle his girlfriend. A judge found he had abused her for years, causing serious injuries, and described him as “volatile and violent.” ICE says he is absent without leave.
(B) Alexander Back, an ICE employment eligibility auditor, was arrested in a sting operation in Minnesota in November 2025 as he was trying to solicit a 17-year-old prostitute and said “I’m ICE, boys” to police in an attempt to sidestep his actions.
(C) In December 2025, an ICE contractor pleaded guilty to sexually abusing a detainee at a detention facility in Louisiana over a five-month period.
(D) An off-duty ICE agent outside the City of Chicago, Illinois, was charged with misdemeanor battery after throwing a 68-year-old protestor to the ground after being filmed at a gas station.
(8) New ICE agents are receiving only 14 weeks of training compared to the minimum of 40 weeks that a law enforcement officer would undergo in California.
(9) Whistleblower documents from the United States Department of Homeland Security detail cuts to training requirements for new immigration enforcement officers, such as the elimination of practical exams, use of force and legal training courses, and an overall reduction in training time.
(10) Whistleblower complaints include information showing all of the following:
(A) Current ICE recruits receive 250 fewer hours of training than the previous cohort of recruits.
(B) ICE has eliminated a dozen practical exams that ICE officers previously needed to graduate. In July 2021, 25 practical tests were needed to graduate, now 9 practical tests are required.
(C) Eliminated exams include “Judgment pistol shooting,” “Criminal encounters,” and “Determine removability.”
(D) The remaining exams are now open-book, multiple-choice written exams without any graded practical examinations.
(E) ICE’s training program syllabus has removed whole courses, such as use of force simulation training, United States government structure, criminal versus removal proceedings, and use of force.
(11) After the shooting and killing of Joan Sebastian Guerrero and Lorenzo Salgado Araujo, ICE agents have been told that the FBI will no longer investigate claims of assault against federal officers, which will lead to even less accountability for immigration agents who have shot and killed people.
(12) Only after more fatal shootings did ICE finally update its dress code for field operations so its officers are clearly identifiable.
(13) Immigration agents have also been found to have used racial and derogatory slurs during the Los Angeles immigration raids, calling potential targets “wet” or “tonks.”
(14) In 2017, we, as the State of California, established core values of community safety, inclusivity, and accessible public services and passed groundbreaking legislation to separate our state and local law enforcement personnel from cooperating in federal immigration enforcement unless the suspect has committed a serious or violent crime, and to prohibit public and private employers from engaging with federal immigration enforcement unless authorized by a judicial warrant.
(15) Immigration enforcement agents, by capacity of their employment, have consistently shown they are unwilling to stand up to orders, and therefore do not align with the core values of this state’s law enforcement or public employee missions.
(b) Therefore, it is the intent of the Legislature to ensure that this act maintains the values of the State of California and protects its residents from immoral individuals from being stewards of public trust.
SEC. 3.
Section 1025 is added to the Government Code, to read:1025.
(a) Commencing January 1, 2028, except as provided in subdivision (b), a person is disqualified from public employment, including, but not limited to, employment with a city, county, district, or any other public agency of the state, because they were previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement.(b) A person shall not be disqualified from public employment, as specified in subdivision (a), if they are approved to enter a POST basic course under subdivision (g) of Section 1031.1.
(c) For purposes of this section, “immigration enforcement” includes any efforts to investigate or enforce any federal civil immigration law, including investigating or enforcing any federal criminal immigration law that penalizes a person’s presence in, entry to, or reentry to, or employment in, the United States, but excludes conduct that is permitted pursuant to Chapter 17.1 (commencing with Section 7282), Chapter 17.2 (commencing with Section 7283), or Chapter 17.25 (commencing with Section 7284) of Division 7.
(d) This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
SEC. 4.
Section 1029 of the Government Code is amended to read:1029.
(a) Except as provided in subparagraph (B) of paragraph (12), or subdivision (b), (c), (d), or (e), each of the following persons is disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and county, or other political subdivision, whether with or without compensation, and is disqualified from any office or employment by the state, county, city, city and county, or other political subdivision, whether with or without compensation, which confers upon the holder or employee the powers and duties of a peace officer:(1) Any person who has been convicted of a felony.
(2) Any person who has been convicted of any offense in any other jurisdiction which would have been a felony if committed in this state.
(3) Any person who has been discharged from the military for committing an offense, as adjudicated by a military tribunal, which would have been a felony if committed in this state.
(4) (A) Any person who, after January 1, 2004, has been convicted of a crime based upon a verdict or finding of guilt of a felony by the trier of fact, or upon the entry of a plea of guilty or nolo contendere to a felony. This paragraph applies regardless of whether, pursuant to subdivision (b) of Section 17 of the Penal Code, the court declares the offense to be a misdemeanor, or the offense becomes a misdemeanor by operation of law.
(B) For purposes of this paragraph, a person has been “convicted of a crime” immediately upon entry of a plea of guilty or nolo contendere to, or upon being found guilty by a trier of fact of, a felony offense, including an offense that may be charged as a misdemeanor or felony and that was charged as a felony at the time of the conviction.
(C) Effective January 1, 2022, any person who has been convicted of a crime in accordance with this paragraph shall not regain eligibility for peace officer employment based upon the nature of any sentence ordered or imposed. In addition, no such person shall regain eligibility for peace officer employment based upon any later order of the court setting aside, vacating, withdrawing, expunging or otherwise dismissing or reversing the conviction, unless the court finds the person to be factually innocent of the crime for which they were convicted at the time of entry of the order.
(5) Any person who has been charged with a felony and adjudged by a superior court to be mentally incompetent under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code.
(6) Any person who has been found not guilty by reason of insanity of any felony.
(7) Any person who has been determined to be a mentally disordered sex offender pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(8) Any person adjudged addicted or in danger of becoming addicted to narcotics, convicted, and committed to a state institution as provided in Section 3051 of the Welfare and Institutions Code.
(9) Any person who, following exhaustion of all available appeals, has been convicted of, or adjudicated through an administrative, military, or civil judicial process requiring not less than clear and convincing evidence, including a hearing that meets the requirements of the administrative adjudication provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), as having committed, any act that is a violation of Section 115, 115.3, 116, 116.5, or 117 of, or of any offense described in Chapter 1 (commencing with Section 92), Chapter 5 (commencing with Section 118), Chapter 6 (commencing with Section 132), or Chapter 7 (commencing with Section 142) of Title 7 of Part 1 of the Penal Code, including any act committed in another jurisdiction that would have been a violation of any of those sections if committed in this state.
(10) Any person who has been issued the certification described in Section 13510.1 of the Penal Code, and has had that certification revoked by the Commission on Peace Officer Standards and Training, has voluntarily surrendered that certification pursuant to subdivision (f) of Section 13510.8, or having met the minimum requirement for issuance of certification, has been denied issuance of certification.
(11) Any person previously employed in law enforcement in any state or United States territory or by the federal government, whose name is listed in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or any other database designated by the federal government whose certification as a law enforcement officer in that jurisdiction was revoked for misconduct, or who, while employed as a law enforcement officer, engaged in serious misconduct that would have resulted in their certification being revoked by the commission if employed as a peace officer in this state.
(12) (A) Commencing January 1, 2028, except as provided in subparagraph (B), any person previously employed as a sworn law enforcement officer or individual contractor, and personally engaged in immigration enforcement.
(B) A person shall not be disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and county, or other political subdivision, whether with or without compensation, and shall not be disqualified from any office or employment by the state, county, city, city and county, or other political subdivision, whether with or without compensation, which confers upon the holder or employee the powers and duties of a peace officer, if they are approved to enter a POST basic course under subdivision (g) of Section 1031.1.
(C) For purposes of this paragraph, “immigration enforcement” has the same meaning as that term is defined in subdivision (c) of Section 1025.
(D) This paragraph does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
(b) (1) A plea of guilty to a felony pursuant to a deferred entry of judgment program as set forth in Sections 1000 to 1000.4, inclusive, of the Penal Code shall not alone disqualify a person from being a peace officer unless a judgment of guilty is entered pursuant to Section 1000.3 of the Penal Code.
(2) A person who pleads guilty or nolo contendere to, or who is found guilty by a trier of fact of, an alternate felony-misdemeanor drug possession offense and successfully completes a program of probation pursuant to Section 1210.1 of the Penal Code shall not be disqualified from being a peace officer solely on the basis of the plea or finding if the court deems the offense to be a misdemeanor or reduces the offense to a misdemeanor.
(c) Any person who has been convicted of a felony, other than a felony punishable by death, in this state or any other state, or who has been convicted of any offense in any other state which would have been a felony, other than a felony punishable by death, if committed in this state, and who demonstrates the ability to assist persons in programs of rehabilitation may hold office and be employed as a parole officer of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or as a probation officer in a county probation department, if the person has been granted a full and unconditional pardon for the felony or offense of which they were convicted. Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or a county probation department, may refuse to employ that person regardless of their qualifications.
(d) This section does not limit or curtail the power or authority of any board of police commissioners, chief of police, sheriff, mayor, or other appointing authority to appoint, employ, or deputize any person as a peace officer in time of disaster caused by flood, fire, pestilence or similar public calamity, or to exercise any power conferred by law to summon assistance in making arrests or preventing the commission of any criminal offense.
(e) This section does not prohibit any person from holding office or being employed as a superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, if at the time of the person’s hire a prior conviction of a felony was known to the person’s employer, and the class of office for which the person was hired was not declared by law to be a class prohibited to persons convicted of a felony, but as a result of a change in classification, as provided by law, the new classification would prohibit employment of a person convicted of a felony.
(f) The Department of Justice shall supply the commission with necessary disqualifying felony and misdemeanor conviction data for all persons known by the department to be current or former peace officers. The commission shall be permitted to use the information for decertification purposes. The data, once received by the commission, shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including documentation of the person’s appointment, promotion, and demotion dates, as well as certification or licensing status and the reason or disposition for the person leaving service.
SEC. 4.5.
Section 1029 of the Government Code is amended to read:1029.
(a) Except as provided in subparagraph (B) of paragraph (12), or subdivision (b), (c), (d), or (e), each of the following persons is disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and county, or other political subdivision, whether with or without compensation, and is disqualified from any office or employment by the state, county, city, city and county, or other political subdivision, whether with or without compensation, which confers upon the holder or employee the powers and duties of a peace officer:(1) Any person who has been convicted of a felony.
(2) Any person who has been convicted of any offense in any other jurisdiction which would have been a felony if committed in this state.
(3) Any person who has been discharged from the military for committing an offense, as adjudicated by a military tribunal, which would have been a felony if committed in this state.
(4) (A) Any person who, after January 1, 2004, has been convicted of a crime based upon a verdict or finding of guilt of a felony by the trier of fact, or upon the entry of a plea of guilty or nolo contendere to a felony. This paragraph applies regardless of whether, pursuant to subdivision (b) of Section 17 of the Penal Code, the court declares the offense to be a misdemeanor, or the offense becomes a misdemeanor by operation of law.
(B) For purposes of this paragraph, a person has been “convicted of a crime” immediately upon entry of a plea of guilty or nolo contendere to, or upon being found guilty by a trier of fact of, a felony offense, including an offense that may be charged as a misdemeanor or felony and that was charged as a felony at the time of the conviction.
(C) Effective January 1, 2022, any person who has been convicted of a crime in accordance with this paragraph shall not regain eligibility for peace officer employment based upon the nature of any sentence ordered or imposed. In addition, no such person shall regain eligibility for peace officer employment based upon any later order of the court setting aside, vacating, withdrawing, expunging or otherwise dismissing or reversing the conviction, unless the court finds the person to be factually innocent of the crime for which they were convicted at the time of entry of the order.
(5) Any person who has been charged with a felony and adjudged by a superior court to be mentally incompetent under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code.
(6) Any person who has been found not guilty by reason of insanity of any felony.
(7) Any person who has been determined to be a mentally disordered sex offender pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(8) Any person adjudged addicted or in danger of becoming addicted to narcotics, convicted, and committed to a state institution as provided in Section 3051 of the Welfare and Institutions Code.
(9) Any person who, following exhaustion of all available appeals, has been convicted of, or adjudicated through an administrative, military, or civil judicial process requiring not less than clear and convincing evidence, including a hearing that meets the requirements of the administrative adjudication provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), as having committed, any act that is a violation of Section 115, 115.3, 116, 116.5, or 117 of, or of any offense described in Chapter 1 (commencing with Section 92), Chapter 5 (commencing with Section 118), Chapter 6 (commencing with Section 132), or Chapter 7 (commencing with Section 142) of Title 7 of Part 1 of the Penal Code, including any act committed in another jurisdiction that would have been a violation of any of those sections if committed in this state.
(10) Any person who has been issued the certification described in Section 13510.1 of the Penal Code and has had that certification revoked by the Commission on Peace Officer Standards and Training has voluntarily surrendered that certification pursuant to subdivision (f) of Section 13510.8, or, having met the minimum requirement for issuance of certification, has been denied issuance of certification.
(11) (A) Any person previously employed in law enforcement in any state or United States territory or by the federal government, whose name is listed in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or any other database designated by the federal government whose certification as a law enforcement officer in that jurisdiction was revoked for misconduct, or who, while employed as a law enforcement officer, engaged in serious misconduct that would have resulted in their certification being revoked by the commission if employed as a peace officer in this state.
(B) For purposes of this paragraph, both of the following apply:
(i) “Employed in law enforcement” and “law enforcement officer” include a law enforcement officer employed in any state or United States territory or by the federal government who engages in immigration enforcement.
(ii) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
(12) (A) Commencing January 1, 2028, except as provided in subparagraph (B), any person previously employed as a sworn law enforcement officer or individual contractor, and personally engaged in immigration enforcement.
(B) A person shall not be disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and county, or other political subdivision, whether with or without compensation, and shall not be disqualified from any office or employment by the state, county, city, city and county, or other political subdivision, whether with or without compensation, which confers upon the holder or employee the powers and duties of a peace officer, if they are approved to enter a POST basic course under subdivision (g) of Section 1031.1.
(C) For purposes of this paragraph, “immigration enforcement” has the same meaning as that term is defined in subdivision (c) of Section 1025.
(D) This paragraph does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
(b) (1) A plea of guilty to a felony pursuant to a deferred entry of judgment program as set forth in Sections 1000 to 1000.4, inclusive, of the Penal Code shall not alone disqualify a person from being a peace officer unless a judgment of guilty is entered pursuant to Section 1000.3 of the Penal Code.
(2) A person who pleads guilty or nolo contendere to, or who is found guilty by a trier of fact of, an alternate felony-misdemeanor drug possession offense and successfully completes a program of probation pursuant to Section 1210.1 of the Penal Code shall not be disqualified from being a peace officer solely on the basis of the plea or finding if the court deems the offense to be a misdemeanor or reduces the offense to a misdemeanor.
(c) Any person who has been convicted of a felony, other than a felony punishable by death, in this state or any other state, or who has been convicted of any offense in any other state which would have been a felony, other than a felony punishable by death, if committed in this state, and who demonstrates the ability to assist persons in programs of rehabilitation may hold office and be employed as a parole officer of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or as a probation officer in a county probation department, if the person has been granted a full and unconditional pardon for the felony or offense of which they were convicted. Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or a county probation department, may refuse to employ that person regardless of their qualifications.
(d) This section does not limit or curtail the power or authority of any board of police commissioners, chief of police, sheriff, mayor, or other appointing authority to appoint, employ, or deputize any person as a peace officer in time of disaster caused by flood, fire, pestilence or similar public calamity, or to exercise any power conferred by law to summon assistance in making arrests or preventing the commission of any criminal offense.
(e) This section does not prohibit any person from holding office or being employed as a superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, if at the time of the person’s hire a prior conviction of a felony was known to the person’s employer, and the class of office for which the person was hired was not declared by law to be a class prohibited to persons convicted of a felony, but as a result of a change in classification, as provided by law, the new classification would prohibit employment of a person convicted of a felony.
(f) The Department of Justice shall supply the commission with necessary disqualifying felony and misdemeanor conviction data for all persons known by the department to be current or former peace officers. The commission shall be permitted to use the information for decertification purposes. The data, once received by the commission, shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including documentation of the person’s appointment, promotion, and demotion dates, as well as certification or licensing status and the reason or disposition for the person leaving service.
SEC. 5.
Section 1031 of the Government Code is amended to read:1031.
Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:(a) Be legally authorized to work in the United States under federal law.
(b) Be 18 years of age or older.
(c) Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.
(d) (1) Be of good moral character, as determined by a thorough background investigation.
(2) For purposes of a thorough background investigation, a hiring agency may consider news articles, verified social media posts, filings of civil complaints, and other verified sources.
(e) Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using state or local government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED or Cognia, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA). A foreign college or university degree may be evaluated for equivalency by a credential evaluation service holding membership in the National Association of Credential Evaluation Services (NACES) or the Association of International Credential Evaluators, Inc. (AICE).
(f) Be found to be free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer.
(1) Physical condition shall be evaluated by a licensed physician and surgeon.
(2) Emotional and mental condition shall be evaluated by either of the following:
(A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.
(B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate.
The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.
(g) This section shall not be construed to preclude the adoption of additional or higher standards, including age.
(h) This section shall be interpreted and applied consistent with federal law and regulations. This section shall not be construed to permit an employer to override or bypass work authorization requirements stated in Section 274a.2 of Title 8 of the Code of Federal Regulations.
SEC. 6.
Section 1031.1 of the Government Code is amended to read:1031.1.
(a) For purposes of performing a thorough background investigation for an applicant not currently employed as a peace officer, as required by subdivision (d) of Section 1031, or in the case of an applicant for a position other than a sworn peace officer within a law enforcement agency, an employer shall disclose employment information relating to a current or former employee, upon request of a law enforcement agency, if all of the following conditions are met:(1) The request is made in writing.
(2) The request is accompanied by a notarized authorization by the applicant releasing the employer of liability.
(3) The request and the authorization are presented to the employer by a sworn officer or other authorized representative of the employing law enforcement agency.
(b) In the absence of fraud or malice, an employer shall not be subject to civil liability for any relevant cause of action by virtue of releasing employment information required pursuant to this section. This section does not in any way or manner abrogate or lessen the existing common law or statutory privileges and immunities of an employer.
(c) For purposes of this section, “employment information” includes written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, eligibility for rehire, and other information relevant to the performance of a peace officer or other law enforcement agency applicant, except information prohibited from disclosure by any other state or federal law or regulation.
(d) An employer’s refusal to disclose information to a law enforcement agency in accordance with this section shall constitute grounds for a civil action for injunctive relief requiring disclosure on the part of an employer.
(e) Employment information disclosed by an employer to an initial requesting law enforcement agency shall be deemed confidential. However, the initial requesting law enforcement agency may disclose this information to another authorized law enforcement agency that is also conducting a background investigation into a peace officer or other law enforcement agency applicant. If this information is disclosed to another law enforcement agency, that agency shall utilize the information for investigative leads only and the information shall be independently verified by that agency in order to be used in determining the suitability of a peace officer or other law enforcement agency applicant.
(f) An employer may charge reasonable fees to cover actual costs incurred in copying and furnishing documents to law enforcement agencies as required by this section.
(g) (1) For purposes of an applicant described in subdivision (a) who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, the background investigation shall be completed by the hiring agency prior to the candidate’s participation in the POST basic course.
(2) The hiring agency shall review the background investigation and determine if the individual is suitable for entering a POST basic course. Suitability shall be based on both of the following:
(A) The standards adopted by the Commission on Peace Officer Standards and Training by regulation on suitability.
(B) The standards established for peace officers under all applicable California laws and regulations, including, but not limited to, those set forth in Section 1031 and in Section 13510.8 of the Penal Code.
(3) Suitability shall be determined on a case-by-case basis based on information contained in the applicant’s background check and any additional information the hiring agency deems relevant.
SEC. 7.
Section 1031.15 is added to the Government Code, to read:1031.15.
(a) As part of the fingerprint-based criminal history review conducted pursuant to subdivision (c) of Section 1031, every applicant seeking appointment as a peace officer or enrollment in a POST basic course certified by the Commission on Peace Officer Standards and Training shall submit to the hiring agency a declaration signed under penalty of perjury that states whether the applicant has, at any time, been employed as a sworn law enforcement officer or individual contractor that personally engaged in immigration enforcement, as described in Section 1025.(b) If the hiring agency determines, based upon the declaration or other information lawfully available to the department, that an applicant has served in a capacity described in subdivision (a), the hiring agency shall conduct a suitability review for the applicant pursuant to standards described in paragraph (2) of subdivision (g) of Section 1031.1. A notification made pursuant to this section shall not, by itself, constitute grounds to deny appointment, certification, or enrollment in a POST basic course.
(c) A knowingly false declaration submitted pursuant to this section shall constitute a false statement made under penalty of perjury and shall be considered by the hiring agency as part of its suitability determination.
(d) Nothing in this section authorizes the hiring agency to disclose confidential criminal history information except as otherwise authorized by law.
SEC. 8.
Section 18720.45 of the Government Code is amended to read:18720.45.
Employment forms used by a state agency shall require a person applying for employment to disclose both of the following:(a) Whether the person has entered into an agreement with the state regarding any previous employment with the state that prohibits that person from seeking or accepting any subsequent employment with the state.
(b) Whether the person has been employed as a sworn law enforcement officer or individual contractor that personally engaged in immigration enforcement as the term is defined in subdivision (c) of Section 1025.
SEC. 9.
Section 18935 of the Government Code is amended to read:18935.
(a) The department or a designated appointing power may refuse to examine, or after examination may refuse to declare as eligible, or may withhold or withdraw from an eligible list, before the appointment, anyone who meets any of the following criteria:(1) Lacks any of the requirements for the examination or position for which the individual has applied.
(2) Has been dismissed from any position for any cause that would be a cause for dismissal from state service.
(3) Has resigned from any position not in good standing in order to avoid dismissal.
(4) Has misrepresented themselves in the application or examination process, including permitting another person to complete or attempt to complete a portion of the examination on their behalf.
(5) Has been found to be unsuited or not qualified for employment pursuant to rule.
(6) (A) Except as provided in subparagraph (B), has been found to have been previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement.
(B) Notwithstanding subparagraph (A), the department or a designated appointing power shall not refuse to examine, or after examination shall not refuse to declare as eligible, or shall not withhold or withdraw from an eligible list, before the appointment, anyone who was approved to enter a POST basic course under subdivision (g) of Section 1031.1.
(C) For purposes of this paragraph, “immigration enforcement” has the same meaning as that term is defined in subdivision (c) of Section 1025.
(D) This paragraph does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
(b) The remedies provided in this section are not exclusive and shall not prevent the board, department, or appointing power from taking additional actions pursuant to Chapter 10 (commencing with Section 19680).
SEC. 10.
Section 13510.8 of the Penal Code is amended to read:13510.8.
(a) (1) The commission shall revoke the certification of a certified peace officer if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.(2) The commission may suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer for, or has, while employed as a peace officer, otherwise engaged in, any serious misconduct as described in subdivision (b).
(3) The commission may cancel the certificate or proof of eligibility of a peace officer if the commission determines that there was fraud or misrepresentation made by an applicant at any time during the application process that resulted in the issuance of the certification.
(4) (A) For purposes of an applicant to attend the basic course who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, the commission shall deny suitability for enrollment in the basic course, unless the commission receives notice from a hiring agency granting their suitability.
(B) No applicant described in subparagraph (A) shall enter the basic course without a hiring agency granting their suitability.
(C) By January 1, 2028, the commission shall adopt, by regulation, a definition of “suitability” that shall serve as the criteria to be considered for the suitability of an applicant to attend the basic course who has personally engaged in immigration enforcement. Suitability shall be based on both of the following:
(i) Whether an applicant personally engaged in immigration enforcement and to what degree, as determined by a working group that the commission shall convene. The working group shall be comprised as follows:
(I) A peace officer or former peace officer with substantial experience at a command rank appointed by the Governor.
(II) A peace officer or former peace officer with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers appointed by the Governor.
(III) Two members of the public who shall not be current or former peace officers and who have substantial experience working at a nonprofit or at academic institutions on issues related to immigration. One member shall be appointed by the Governor and one by the Speaker of the Assembly.
(IV) Two members of the public who shall not be current or former peace officers and who have substantial experience working at community-based organizations on issues related to immigration. One member shall be appointed by the Governor and one by the Senate Committee on Rules.
(V) Two members of the public, who shall not be current or former peace officers, with strong consideration given to individuals who have been subject to immigration enforcement or who are family members of a person who has been the subject of immigration enforcement. One member shall be appointed by the Speaker of the Assembly and one by the Senate Committee on Rules.
(VI) One member shall be an attorney, who shall not be a former peace officer, with substantial professional experience involving immigration enforcement, appointed by the Governor.
(ii) The standards established for peace officers under all applicable California laws and regulations, including, but not limited to, those set forth in Section 1031 of the Government Code and this section.
(b) By January 1, 2023, the commission shall 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:
(1) 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, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct.
(2) Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
(3) Physical abuse, including, but not limited to, the excessive or unreasonable use of force.
(4) Sexual assault, as described in subdivision (b) of Section 832.7.
(5) Demonstrating bias on the basis of 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.
(6) 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.
(7) Participation in a law enforcement gang. For the purpose of this paragraph, a “law enforcement gang” means a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to, excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, unauthorized use of alcohol or drugs on duty, unlawful or unauthorized protection of other members from disciplinary actions, and retaliation against other officers who threaten or interfere with the activities of the group.
(8) Failure to cooperate with an investigation into potential police misconduct, including an investigation conducted pursuant to this chapter. 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.
(9) Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject.
(c) (1) Beginning no later than January 1, 2023, each law enforcement agency shall be responsible for the completion of investigations of allegations of serious misconduct by a peace officer, regardless of their employment status.
(2) The division shall promptly review any grounds for decertification described in subdivision (a) received from an agency. The division shall have the authority to review any agency or other investigative authority file, as well as to conduct additional investigation, if necessary. The division shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System and any other information that would otherwise be confidential, privileged, or subject to any other restriction on disclosure when that information is included as part of an investigation involving a matter within the commission’s jurisdiction. The division shall only have authority to review and investigate allegations for purposes of decertification.
(3) (A) The board, in their discretion, may request that the division review an investigative file or recommend that the commission direct the division to investigate any potential grounds for decertification of a peace officer. Those requests and recommendations from the board to the division or commission must be based upon a decision by a majority vote.
(B) The commission, in its discretion, may direct the division to review an investigative file. The commission, either upon its own motion or in response to a recommendation from the board, may direct the division to investigate any potential grounds for decertification of a peace officer.
(C) The division, in its discretion, may investigate without the request of the commission or board any potential grounds for revocation of certification of a peace officer.
(4) The division, in carrying out any investigation initiated pursuant to this section or any other duty shall have all of the powers of investigation granted pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
(5) Notwithstanding any other law, the investigation shall be completed within three years after the receipt of the completed report of the disciplinary or internal affairs investigation from the employing agency pursuant to Section 13510.9, however, no time limit shall apply if a report of the conduct was not made to the commission. An investigation shall be considered completed upon a notice of intent to deny, suspend, or revoke certification issued pursuant to paragraph (1) of subdivision (a) of Section 13510.85. The time limit shall be tolled during the appeal of a termination or other disciplinary action through an administrative or judicial proceeding or during any criminal prosecution of the peace officer. The commission shall consider the peace officer’s prior conduct and service record, and any instances of misconduct, including any incidents occurring beyond the time limitation for investigation in evaluating whether to revoke certification for the incident under investigation.
(6) An action by an agency or decision resulting from an appeal of an agency’s action does not preclude action by the commission to investigate, suspend, or revoke a peace officer’s certification pursuant to this section. Whether a particular factual or legal determination in a prior appeal proceeding shall have preclusive effect in proceedings under this chapter shall be governed by the existing law of collateral estoppel.
(d) Upon arrest or indictment of a peace officer for any crime described in Section 1029 of the Government Code, or discharge from any law enforcement agency for grounds set forth in subdivision (a), or separation from employment of a peace officer during a pending investigation into allegations of serious misconduct, the executive director shall order the immediate temporary suspension of any certificate or proof of eligibility held by that peace officer upon the determination by the executive director that the temporary suspension is in the best interest of the health, safety, or welfare of the public. The order of temporary suspension shall be made in writing and shall specify the basis for the executive director’s determination. Following the issuance of a temporary suspension order, proceedings of the commission in the exercise of its authority to discipline any peace officer shall be promptly scheduled as provided for in this section. The temporary suspension shall continue in effect until issuance of the final decision on revocation pursuant to this section or until the order is withdrawn by the executive director.
(e) Records of an investigation of any person by the commission shall be retained for 30 years following the date that the investigation is deemed concluded by the commission. The commission may destroy records prior to the expiration of the 30-year retention period if the subject is deceased and no action upon the complaint was taken by the commission beyond the commission’s initial intake of the complaint.
(f) Any peace officer may voluntarily surrender their certification permanently. Voluntary permanent surrender of certification pursuant to this subdivision shall have the same effect as revocation. Voluntary permanent surrender is not the same as placement of a valid certification into inactive status during a period in which a person is not actively employed as a peace officer. A permanently surrendered certification cannot be reactivated.
(g) (1) The commission may initiate proceedings to revoke or suspend a peace officer’s certification for conduct that occurred before January 1, 2022, only for either of the following:
(A) Serious misconduct pursuant to paragraph (1) or (4) of subdivision (b) or pursuant to paragraph (3) of subdivision (b) for the use of deadly force that results in death or serious bodily injury.
(B) If the employing agency makes a final determination regarding its investigation of the misconduct after January 1, 2022.
(2) Nothing in this subdivision prevents the commission from considering the peace officer’s prior conduct and service record in determining whether suspension or revocation is appropriate for serious misconduct.
(h) (1) A revocation of certification shall not be undertaken pursuant to this section because of a court finding made in a challenge brought pursuant to Section 745.
(2) This subdivision does not prohibit revocation based on the underlying acts or omissions which formed the basis of the action brought pursuant to Section 745, if the revocation otherwise conforms to all the rules and procedures applicable to those proceedings, and the officer is accorded all due process protections provided in those proceedings.
SEC. 10.5.
Section 13510.8 of the Penal Code is amended to read:13510.8.
(a) (1) The commission shall revoke the certification of a certified peace officer if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.(2) The commission may suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer for, or has, while employed as a peace officer, otherwise engaged in, any serious misconduct as described in subdivision (b).
(3) The commission may cancel the certificate or proof of eligibility of a peace officer if the commission determines that there was fraud or misrepresentation made by an applicant at any time during the application process that resulted in the issuance of the certification.
(4) (A) For purposes of an applicant to attend the basic course who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, the commission shall deny suitability for enrollment in the basic course, unless the commission receives notice from a hiring agency granting their suitability.
(B) No applicant described in subparagraph (A) shall enter the basic course without a hiring agency granting their suitability.
(C) By January 1, 2028, the commission shall adopt, by regulation, a definition of “suitability” that shall serve as the criteria to be considered for the suitability of an applicant to attend the basic course who has personally engaged in immigration enforcement. Suitability shall be based on both of the following:
(i) Whether an applicant personally engaged in immigration enforcement and to what degree, as determined by a working group that the commission shall convene. The working group shall be comprised as follows:
(I) A peace officer or former peace officer with substantial experience at a command rank appointed by the Governor.
(II) A peace officer or former peace officer with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers appointed by the Governor.
(III) Two members of the public who shall not be current or former peace officers and who have substantial experience working at a nonprofit or at academic institutions on issues related to immigration. One member shall be appointed by the Governor and one by the Speaker of the Assembly.
(IV) Two members of the public who shall not be current or former peace officers and who have substantial experience working at community-based organizations on issues related to immigration. One member shall be appointed by the Governor and one by the Senate Committee on Rules.
(V) Two members of the public, who shall not be current or former peace officers, with strong consideration given to individuals who have been subject to immigration enforcement or who are family members of a person who has been the subject of immigration enforcement. One member shall be appointed by the Speaker of the Assembly and one by the Senate Committee on Rules.
(VI) One member shall be an attorney, who shall not be a former peace officer, with substantial professional experience involving immigration enforcement, appointed by the Governor.
(ii) The standards established for peace officers under all applicable California laws and regulations, including, but not limited to, those set forth in Section 1031 of the Government Code and this section.
(b) By January 1, 2023, the commission shall 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:
(1) 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, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct.
(2) Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
(3) Physical abuse, including, but not limited to, the excessive or unreasonable use of force.
(4) Sexual assault, as described in subdivision (b) of Section 832.7.
(5) Demonstrating bias on the basis of 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.
(6) 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.
(7) Participation in a law enforcement gang. For the purpose of this paragraph, a “law enforcement gang” means a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to, excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, unauthorized use of alcohol or drugs on duty, unlawful or unauthorized protection of other members from disciplinary actions, and retaliation against other officers who threaten or interfere with the activities of the group.
(8) Failure to cooperate with an investigation into potential police misconduct, including an investigation conducted pursuant to this chapter. 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.
(9) Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject.
(10) Theft, pursuant to subdivision (a) of Section 484, committed by a peace officer under color of authority, where the peace officer acted with specific intent to permanently deprive the owner of the property and the conduct was not the result of mere negligence, administrative oversight, or good-faith error in evidence handling.
(c) (1) Beginning no later than January 1, 2023, each law enforcement agency shall be responsible for the completion of investigations of allegations of serious misconduct by a peace officer, regardless of their employment status.
(2) The division shall promptly review any grounds for decertification described in subdivision (a) received from an agency. The division shall have the authority to review any agency or other investigative authority file, as well as to conduct additional investigation, if necessary. The division shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System and any other information that would otherwise be confidential, privileged, or subject to any other restriction on disclosure when that information is included as part of an investigation involving a matter within the commission’s jurisdiction. The division shall only have authority to review and investigate allegations for purposes of decertification.
(3) (A) The board, in their discretion, may request that the division review an investigative file or recommend that the commission direct the division to investigate any potential grounds for decertification of a peace officer. Those requests and recommendations from the board to the division or commission must be based upon a decision by a majority vote.
(B) The commission, in its discretion, may direct the division to review an investigative file. The commission, either upon its own motion or in response to a recommendation from the board, may direct the division to investigate any potential grounds for decertification of a peace officer.
(C) The division, in its discretion, may investigate without the request of the commission or board any potential grounds for revocation of certification of a peace officer.
(4) The division, in carrying out any investigation initiated pursuant to this section or any other duty shall have all of the powers of investigation granted pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
(5) Notwithstanding any other law, the investigation shall be completed within three years after the receipt of the completed report of the disciplinary or internal affairs investigation from the employing agency pursuant to Section 13510.9, however, no time limit shall apply if a report of the conduct was not made to the commission. An investigation shall be considered completed upon a notice of intent to deny, suspend, or revoke certification issued pursuant to paragraph (1) of subdivision (a) of Section 13510.85. The time limit shall be tolled during the appeal of a termination or other disciplinary action through an administrative or judicial proceeding or during any criminal prosecution of the peace officer. The commission shall consider the peace officer’s prior conduct and service record, and any instances of misconduct, including any incidents occurring beyond the time limitation for investigation in evaluating whether to revoke certification for the incident under investigation.
(6) An action by an agency or decision resulting from an appeal of an agency’s action does not preclude action by the commission to investigate, suspend, or revoke a peace officer’s certification pursuant to this section. Whether a particular factual or legal determination in a prior appeal proceeding shall have preclusive effect in proceedings under this chapter shall be governed by the existing law of collateral estoppel.
(d) Upon arrest or indictment of a peace officer for any crime described in Section 1029 of the Government Code, or discharge from any law enforcement agency for grounds set forth in subdivision (a), or separation from employment of a peace officer during a pending investigation into allegations of serious misconduct, the executive director shall order the immediate temporary suspension of any certificate or proof of eligibility held by that peace officer upon the determination by the executive director that the temporary suspension is in the best interest of the health, safety, or welfare of the public. The order of temporary suspension shall be made in writing and shall specify the basis for the executive director’s determination. Following the issuance of a temporary suspension order, proceedings of the commission in the exercise of its authority to discipline any peace officer shall be promptly scheduled as provided for in this section. The temporary suspension shall continue in effect until issuance of the final decision on revocation pursuant to this section or until the order is withdrawn by the executive director.
(e) Records of an investigation of any person by the commission shall be retained for 30 years following the date that the investigation is deemed concluded by the commission. The commission may destroy records prior to the expiration of the 30-year retention period if the subject is deceased and no action upon the complaint was taken by the commission beyond the commission’s initial intake of the complaint.
(f) Any peace officer may voluntarily surrender their certification permanently. Voluntary permanent surrender of certification pursuant to this subdivision shall have the same effect as revocation. Voluntary permanent surrender is not the same as placement of a valid certification into inactive status during a period in which a person is not actively employed as a peace officer. A permanently surrendered certification cannot be reactivated.
(g) (1) The commission may initiate proceedings to revoke or suspend a peace officer’s certification for conduct that occurred before January 1, 2022, only for either of the following:
(A) Serious misconduct pursuant to paragraph (1) or (4) of subdivision (b) or pursuant to paragraph (3) of subdivision (b) for the use of deadly force that results in death or serious bodily injury.
(B) If the employing agency makes a final determination regarding its investigation of the misconduct after January 1, 2022.
(2) Nothing in this subdivision prevents the commission from considering the peace officer’s prior conduct and service record in determining whether suspension or revocation is appropriate for serious misconduct.
(h) (1) A revocation of certification shall not be undertaken pursuant to this section because of a court finding made in a challenge brought pursuant to Section 745.
(2) This subdivision does not prohibit revocation based on the underlying acts or omissions which formed the basis of the action brought pursuant to Section 745, if the revocation otherwise conforms to all the rules and procedures applicable to those proceedings, and the officer is accorded all due process protections provided in those proceedings.
SEC. 11.
Section 13681 of the Penal Code is amended to read:13681.
(a) Any background investigation of a candidate for a peace officer position shall include an inquiry into whether the candidate has engaged or is engaging in membership in a hate group, participated in any hate group activity or advocacy of public expressions of hate, or engaged in immigration enforcement, as described in Section 1025 of the Government Code.(b) The hiring agency shall deny employment to a candidate for a peace officer position if, during a preemployment background it is determined that in the past 7 years and since 18 years of age, the candidate has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate.
(c) A candidate for a peace officer position shall not be ineligible to be hired pursuant to this section if the candidate has ceased all activities described in subdivision (a) and at least 7 years has passed since the last such activity.
SEC. 12.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 13.
The Legislature finds and declares that this act addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act applies to all cities, including charter cities.SEC. 14.
Section 4.5 of this bill incorporates amendments to Section 1029 of the Government Code proposed by both this bill and Assembly Bill 1627. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 1029 of the Government Code, and (3) this bill is enacted after Assembly Bill 1627, in which case Section 4 of this bill shall not become operative.SEC. 15.
Section 10.5 of this bill incorporates amendments to Section 13510.8 of the Penal Code proposed by both this bill and Assembly Bill 2337. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 13510.8 of the Penal Code, and (3) this bill is enacted after Assembly Bill 2337, in which case Section 10 of this bill shall not become operative.SEC. 16.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.
Text of AB 1896 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions