"u.s.a"california penal code

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Access to Information


13200. Nothing in this chapter shall be construed to affect the
right of access of any person or public agency to individual criminal
offender record information that is authorized by any other
provision of law.


13201. Nothing in this chapter shall be construed to authorize
access of any person or public agency to individual criminal offender
record information unless such access is otherwise authorized by
law.


13202. Every public agency or bona fide research body immediately
concerned with the prevention or control of crime, the quality of
criminal justice, or the custody or correction of offenders may be
provided with such criminal offender record information as is
required for the performance of its duties, provided that any
material identifying individuals is not transferred, revealed, or
used for other than research or statistical activities and reports or
publications derived therefrom do not identify specific individuals,
and provided that such agency or body pays the cost of the
processing of such data as determined by the Attorney General.




13203. (a) Any criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention of
a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program, to
a government agency employer of that peace officer or applicant.
(b) Any criminal justice agency may release information concerning
an arrest of a peace officer or applicant for a position as a peace
officer, as defined in Section 830, which did not result in
conviction but for which the person completed a postarrest diversion
program or a deferred entry of judgment program, or information
concerning a referral to and participation in any postarrest
diversion program or a deferred entry of judgment program to a
government agency employer of that peace officer or applicant.
(c) Notwithstanding subdivision (a) or (b), a criminal justice
agency shall not release information under the following
circumstances:
(1) Information concerning an arrest for which diversion or
deferred entry of judgment has been ordered without attempting to
determine whether diversion or a deferred entry of judgment program
has been successfully completed.
(2) Information concerning an arrest or detention followed by a
dismissal or release without attempting to determine whether the
individual was exonerated.
(3) Information concerning an arrest without a disposition without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed or the individual
was exonerated.
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Local Summary Criminal History Information


13300. (a) As used in this section:
(1) "Local summary criminal history information" means the master
record of information compiled by any local criminal justice agency
pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of
Part 4 pertaining to the identification and criminal history of any
person, such as name, date of birth, physical description, dates of
arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(2) "Local summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
that local agency, nor does it refer to records of complaints to or
investigations conducted by, or records of intelligence information
or security procedures of, the local agency.
(3) "Local agency" means a local criminal justice agency.
(b) A local agency shall furnish local summary criminal history
information to any of the following, when needed in the course of
their duties, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a
public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and
(j) of Section 830.3, and subdivisions (a), (b), and (c) of Section
830.5.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
(6) Probation officers of the state.
(7) Parole officers of the state.
(8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(9) A public defender or attorney of record when representing a
person in a criminal case and when authorized access by statutory or
decisional law.
(10) Any agency, officer, or official of the state when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(11) Any city, county, city and county, or district, or any
officer or official thereof, when access is needed in order to assist
the agency, officer, or official in fulfilling employment,
certification, or licensing duties, and when the access is
specifically authorized by the city council, board of supervisors, or
governing board of the city, county, or district when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(12) The subject of the local summary criminal history
information.
(13) Any person or entity when access is expressly authorized by
statute when the local summary criminal history information is
required to implement a statute, regulation, or ordinance that
expressly refers to specific criminal conduct applicable to the
subject person of the local summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
the specified criminal conduct.
(14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(15) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parents having failed to provide support for
the minor children, consistent with Section 17531 of the Family Code.

(16) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal information pursuant to Section 272 of the Welfare and
Institutions Code for the purposes specified in Section 16504.5 of
the Welfare and Institutions Code.
(c) The local agency may furnish local summary criminal history
information, upon a showing of a compelling need, to any of the
following, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To a peace officer of another country.
(4) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to local summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States when this information is needed for the performance of
their official duties.
(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the local
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(6) The courts of the United States, other states, or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or
territories or possessions of the United States.
(8) To any individual who is the subject of the record requested
when needed in conjunction with an application to enter the United
States or any foreign nation.
(9) Any public utility, as defined in Section 216 of the Public
Utilities Code, when access is needed to assist in employing persons
who will be seeking entrance to private residences in the course of
their employment. The information provided shall be limited to the
record of convictions and any arrest for which the person is released
on bail or on his or her own recognizance pending trial.
If the local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.
Any information obtained from the local summary criminal history
is confidential and the receiving public utility shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed 30
days after employment is denied or granted, including any appeal
periods, except for those cases where an employee or applicant is out
on bail or on his or her own recognizance pending trial, in which
case the state summary criminal history information and all copies
shall be destroyed 30 days after the case is resolved, including any
appeal periods.
A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is injured
by the violation a cause of action against the public utility to
recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty
upon public utilities to request local summary criminal history
information on any current or prospective employee.
Seeking entrance to private residences in the course of employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
(10) Any city, county, city and county, or district, or any
officer or official thereof, if a written request is made to a local
law enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the purposes of consenting to,
or approving of, the prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest.
Any local government's request for local summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this subdivision. However, only local summary
criminal history information pertaining to criminal convictions may
be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history
is confidential and the receiving local government shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the local government and all copies made from it shall be destroyed
not more than 30 days after the local government's final decision to
grant or deny consent to, or approval of, the prospective
concessionaire's application for, or acquisition of, a beneficial
interest in a concession, lease, or other property interest. Nothing
in this section shall be construed as imposing any duty upon a local
government, or any officer or official thereof, to request local
summary criminal history information on any current or prospective
concessionaire or their affiliates or associates.
(d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency has no criminal
history of that person, and the information is to be used for
employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be stamped
"no criminal record" and returned to the person or entity making the
request.
(e) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge a
fee not to exceed ten dollars ($10) to cover the cost of taking the
fingerprints and processing the required documents.
(f) Whenever local summary criminal history information furnished
pursuant to this section is to be used for employment, licensing, or
certification purposes, the local agency shall charge the person or
entity making the request a fee which it determines to be sufficient
to reimburse the local agency for the cost of furnishing the
information, provided that no fee shall be charged to any public law
enforcement agency for local summary criminal history information
furnished to assist it in employing, licensing, or certifying a
person who is applying for employment with the agency as a peace
officer or criminal investigator. Any state agency required to pay a
fee to the local agency for information received under this section
may charge the applicant a fee sufficient to reimburse the agency for
the expense.
(g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.
(h) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(i) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(j) Notwithstanding any other law, a public prosecutor may, in
response to a written request made pursuant to Section 6253 of the
Government Code, provide information from a local summary criminal
history, if release of the information would enhance public safety,
the interest of justice, or the public's understanding of the justice
system and the person making the request declares that the request
is made for a scholarly or journalistic purpose. If a person in a
declaration required by this subdivision willfully states as true any
material fact that he or she knows to be false, he or she shall be
subject to a civil penalty not exceeding ten thousand dollars
($10,000). The requestor shall be informed in writing of this
penalty. An action to impose a civil penalty under this subdivision
may be brought by any public prosecutor and shall be enforced as a
civil judgment.
(k) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information record checks which are authorized by law.
(l) Any local criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention of
a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program or a
deferred entry of judgment program, to a government agency employer
of that peace officer or applicant.
(m) Any local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program or a deferred entry of judgment program
to a government agency employer of that peace officer or applicant.
(n) Notwithstanding subdivision (l) or (m), a local criminal
justice agency shall not release information under the following
circumstances:
(1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.
(2) Information concerning an arrest or detention followed by a
dismissal or release without attempting to determine whether the
individual was exonerated.
(3) Information concerning an arrest without a disposition without
attempting to determine whether diversion has been successfully
completed or the individual was exonerated.



13301. As used in this article:
(a) "Record" means the master local summary criminal history
information as defined in subdivision (a) of Section 13300, or a copy
thereof.
(b) "A person authorized by law to receive a record" means any
person or public agency authorized by a court, statute, or decisional
law to receive a record.



13302. Any employee of the local criminal justice agency who
knowingly furnishes a record or information obtained from a record to
a person who is not authorized by law to receive the record or
information is guilty of a misdemeanor.


13303. Any person authorized by law to receive a record or
information obtained from a record who knowingly furnishes the record
or information to a person who is not authorized by law to receive
the record or information is guilty of a misdemeanor.




13304. Any person, except those specifically referred to in Section
1070 of the Evidence Code, who, knowing he is not authorized by law
to receive a record or information obtained from a record, knowingly
buys, receives, or possesses the record or information is guilty of a
misdemeanor.


13305. (a) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(b) It is not a violation of this article to disseminate
information obtained from a record for the purpose of assisting in
the apprehension of a person wanted in connection with the commission
of a crime.
(c) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
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STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT
OFFICERS
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING
Administration

13500. (a) There is in the Department of Justice a Commission on
Peace Officer Standards and Training, hereafter referred to in this
chapter as the commission. The commission consists of 15 members
appointed by the Governor, after consultation with, and with the
advice of, the Attorney General and with the advice and consent of
the Senate. Racial, gender, and ethnic diversity shall be considered
for all appointments to the commission.
(b) The commission shall be composed of the following members:
(1) Two members shall be (i) sheriffs or chiefs of police or peace
officers nominated by their respective sheriffs or chiefs of police,
(ii) peace officers who are deputy sheriffs or city police officers,
or (iii) any combination thereof.
(2) Three members shall be sheriffs or chiefs of police or peace
officers nominated by their respective sheriffs or chiefs of police.

(3) Four members shall be peace officers of the rank of sergeant
or below with a minimum of five years' experience as a deputy
sheriff, city police officer, marshal, or state-employed peace
officer for whom the commission sets standards. Each member shall
have demonstrated leadership in the recognized employee organization
having the right to represent the member, as set forth in the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500))
and the Ralph C. Dills Act (Chapter 10.5 (commencing with Section
3525)) of Division 4 of Title 1 of the Government Code.
(4) One member shall be an elected officer or chief administrative
officer of a county in this state.
(5) One member shall be an elected officer or chief administrative
officer of a city in this state.
(6) Two members shall be public members who shall not be peace
officers.
(7) One member shall be an educator or trainer in the field of
criminal justice.
(8) One member shall be a peace officer in California of the rank
of sergeant or below with a minimum of five years experience as a
deputy sheriff, city police officer, marshal, or state-employed peace
officer for whom the commission sets standards. This member shall
have demonstrated leadership in a California-based law enforcement
association that is also a presenter of POST-certified law
enforcement training that advances the professionalism of peace
officers in California.
(c) The Attorney General shall be an ex officio member of the
commission.
(d) Of the members first appointed by the Governor, three shall be
appointed for a term of one year, three for a term of two years, and
three for a term of three years. Their successors shall serve for a
term of three years and until appointment and qualification of their
successors, each term to commence on the expiration date of the term
of the predecessor.
(e) The additional member provided for by the Legislature in its
1973 -74 Regular Session shall be appointed by the Governor on or
before January 15, 1975, and shall serve for a term of three years.
(f) The additional member provided for by the Legislature in its
1977-78 Regular Session shall be appointed by the Governor on or
after July 1, 1978, and shall serve for a term of three years.
(g) The additional members provided for by the Legislature in its
1999-2000 Regular Session shall be appointed by the Governor on or
before July 1, 2000, and shall serve for a term of three years.
(h) The additional member provided for by the Legislature in its
2007 -08 Regular Session shall be appointed by the Governor on or
before January 31, 2008, and shall serve for a term of three years.



13501. The commission shall select a chairman and a vice chairman
from among its members. A majority of the members of the commission
shall constitute a quorum.



13502. Members of the commission shall receive no compensation, but
shall be reimbursed for their actual and necessary travel expenses
incurred in the performance of their duties. For purposes of
compensation, attendance at meetings of the commission shall be
deemed performance by a member of the duties of his local
governmental employment.



13503. In carrying out its duties and responsibilities, the
commission shall have all of the following powers:
(a) To meet at those times and places as it may deem proper.
(b) To employ an executive secretary and, pursuant to civil
service, those clerical and technical assistants as may be necessary.

(c) To contract with other agencies, public or private, or persons
as it deems necessary, for the rendition and affording of those
services, facilities, studies, and reports to the commission as will
best assist it to carry out its duties and responsibilities.
(d) To cooperate with and to secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of its duties and
responsibilities, and in performing its other functions.
(e) To develop and implement programs to increase the
effectiveness of law enforcement and when those programs involve
training and education courses to cooperate with and secure the
cooperation of state-level officers, agencies, and bodies having
jurisdiction over systems of public higher education in continuing
the development of college-level training and education programs.
(f) To cooperate with and secure the cooperation of every
department, agency, or instrumentality in the state government.
(g) To do any and all things necessary or convenient to enable it
fully and adequately to perform its duties and to exercise the power
granted to it.
(h) The commission shall not have the authority to adopt or carry
out a regulation that authorizes the withdrawal or revocation of a
certificate previously issued to a peace officer pursuant to this
chapter.
(i) Except as specifically provided by law, the commission shall
not have the authority to cancel a certificate previously issued to a
peace officer pursuant to this chapter.



13504. The Attorney General shall, so far as compatible with other
demands upon the personnel in the Department of Justice, make
available to the commission the services of such personnel to assist
the commission in the execution of the duties imposed upon it by this
chapter.



13505. In exercising its functions, the commission shall endeavor
to minimize costs of administration so that a maximum of funds will
be expended for the purpose of providing training and other services
to local law enforcement agencies. All expenses shall be a proper
charge against the revenue accruing under Article 3 (commencing with
Section 13520).



13506. The commission may adopt those regulations as are necessary
to carry out the purposes of this chapter. The commission shall not
have the authority to adopt or carry out a regulation that authorizes
the withdrawal or revocation of a certificate previously issued to a
peace officer pursuant to this chapter. Except as specifically
provided by law, the commission shall not have the authority to adopt
regulations providing for the cancellation of a certificate.



13507. As used in this chapter, "district" means any of the
following:
(a) A regional park district.
(b) A district authorized by statute to maintain a police
department.
(c) The University of California.
(d) The California State University and Colleges.
(e) A community college district.
(f) A school district.
(g) A transit district.
(h) A harbor district.



13508. (a) The commission shall do each of the following:
(1) Establish a learning technology laboratory that would conduct
pilot projects with regard to needed facilities and otherwise
implement modern instructional technology to improve the
effectiveness of law enforcement training.
(2) Develop an implementation plan for the acquisition of law
enforcement facilities and technology. In developing this plan, the
commission shall consult with appropriate law enforcement and
training organizations. The implementation plan shall include each
of the following items:
(A) An evaluation of pilot and demonstration projects.
(B) Recommendations for the establishment of regional skills
training centers, training conference centers, and the use of modern
instructional technology.
(C) A recommended financing structure.
(b) The commission may enter into joint powers agreements with
other governmental agencies for the purpose of developing and
deploying needed technology and facilities.
(c) Any pilot project conducted pursuant to this section shall
terminate on or before January 1, 1995, unless funding is provided
for the project continuation.
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Field Services and Standards for Recruitment
and Training

13510. (a) For the purpose of raising the level of competence of
local law enforcement officers, the commission shall adopt, and may
from time to time amend, rules establishing minimum standards
relating to physical, mental, and moral fitness that shall govern the
recruitment of any city police officers, peace officer members of a
county sheriff's office, marshals or deputy marshals of a municipal
court, peace officer members of a county coroner's office
notwithstanding Section 13526, reserve officers, as defined in
subdivision (a) of Section 830.6, police officers of a district
authorized by statute to maintain a police department, peace officer
members of a police department operated by a joint powers agency
established by Article 1 (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code, regularly employed
and paid inspectors and investigators of a district attorney's
office, as defined in Section 830.1, who conduct criminal
investigations, peace officer members of a district, safety police
officers and park rangers of the County of Los Angeles, as defined in
subdivisions (a) and (b) of Section 830.31, or housing authority
police departments.
The commission also shall adopt, and may from time to time amend,
rules establishing minimum standards for training of city police
officers, peace officer members of county sheriff's offices, marshals
or deputy marshals of a municipal court, peace officer members of a
county coroner's office notwithstanding Section 13526, reserve
officers, as defined in subdivision (a) of Section 830.6, police
officers of a district authorized by statute to maintain a police
department, peace officer members of a police department operated by
a joint powers agency established by Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, regularly employed and paid inspectors and investigators of a
district attorney's office, as defined in Section 830.1, who conduct
criminal investigations, peace officer members of a district, safety
police officers and park rangers of the County of Los Angeles, as
defined in subdivisions (a) and (b) of Section 830.31, and housing
authority police departments.
These rules shall apply to those cities, counties, cities and
counties, and districts receiving state aid pursuant to this chapter
and shall be adopted and amended pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
(b) The commission shall conduct research concerning job-related
educational standards and job-related selection standards to include
vision, hearing, physical ability, and emotional stability.
Job-related standards that are supported by this research shall be
adopted by the commission prior to January 1, 1985, and shall apply
to those peace officer classes identified in subdivision (a). The
commission shall consult with local entities during the conducting of
related research into job-related selection standards.
(c) For the purpose of raising the level of competence of local
public safety dispatchers, the commission shall adopt, and may from
time to time amend, rules establishing minimum standards relating to
the recruitment and training of local public safety dispatchers
having a primary responsibility for providing dispatching services
for local law enforcement agencies described in subdivision (a),
which standards shall apply to those cities, counties, cities and
counties, and districts receiving state aid pursuant to this chapter.
These standards also shall apply to consolidated dispatch centers
operated by an independent public joint powers agency established
pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1 of the Government Code when providing dispatch
services to the law enforcement personnel listed in subdivision (a).
Those rules shall be adopted and amended pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. As used in this section, "primary
responsibility" refers to the performance of law enforcement
dispatching duties for a minimum of 50 percent of the time worked
within a pay period.
(d) Nothing in this section shall prohibit a local agency from
establishing selection and training standards that exceed the minimum
standards established by the commission.



13510.1. (a) The commission shall establish a certification program
for peace officers specified in Sections 13510 and 13522 and for the
California Highway Patrol. Certificates of the commission
established pursuant to this section shall be considered professional
certificates.
(b) Basic, intermediate, advanced, supervisory, management, and
executive certificates shall be established for the purpose of
fostering professionalization, education, and experience necessary to
adequately accomplish the general police service duties performed by
peace officer members of city police departments, county sheriffs'
departments, districts, university and state university and college
departments, or by the California Highway Patrol.
(c) (1) Certificates shall be awarded on the basis of a
combination of training, education, experience, and other
prerequisites, as determined by the commission.
(2) In determining whether an applicant for certification has the
requisite education, the commission shall recognize as acceptable
college education only the following:
(A) Education provided by a community college, college, or
university which has been accredited by the department of education
of the state in which the community college, college, or university
is located or by a recognized national or regional accrediting body.

(B) Until January 1, 1998, educational courses or degrees provided
by a nonaccredited but state-approved college that offers programs
exclusively in criminal justice.
(d) Persons who are determined by the commission to be eligible
peace officers may make application for the certificates, provided
they are employed by an agency which participates in the Peace
Officer Standards and Training (POST) program.
(e) The commission shall have the authority to cancel any
certificate that has been obtained through misrepresentation or fraud
or that was issued as the result of an administrative error on the
part of the commission or the employing agency.



13510.2. Any person who knowingly commits any of the following acts
is guilty of a misdemeanor, and for each offense is punishable by a
fine of not more than one thousand dollars ($1,000) or imprisonment
in the county jail not to exceed one year, or by both a fine and
imprisonment:
(a) Presents or attempts to present as the person's own the
certificate of another.
(b) Knowingly permits another to use his or her certificate.
(c) Knowingly gives false evidence of any material kind to the
commission, or to any member thereof, including the staff, in
obtaining a certificate.
(d) Uses, or attempts to use, a canceled certificate.




13510.3. (a) The commission shall establish, by December 31, 1997,
and in consultation with representatives of law enforcement
organizations, a voluntary professional certification program for law
enforcement records supervisors who have primary responsibility for
providing records supervising services for local law enforcement
agencies. The certificate or certificates shall be based upon
standards related to the education, training, and experience of law
enforcement records supervisors and shall serve to foster
professionalism and recognition of achievement and competency.
(b) As used in this section, "primary responsibility" refers to
the performance of law enforcement records supervising duties for a
minimum of 50 percent of the time worked within a pay period.



13510.5. For the purpose of maintaining the level of competence of
state law enforcement officers, the commission shall adopt, and may,
from time to time amend, rules establishing minimum standards for
training of peace officers as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who are employed by any railroad
company, the California State Police Division, the University of
California Police Department, a California State University police
department, the Department of Alcoholic Beverage Control, the
Division of Investigation of the Department of Consumer Affairs, the
Wildlife Protection Branch of the Department of Fish and Game, the
Department of Forestry and Fire Protection, including the Office of
the State Fire Marshal, the Department of Motor Vehicles, the
California Horse Racing Board, the Bureau of Food and Drug, the
Division of Labor Law Enforcement, the Director of Parks and
Recreation, the State Department of Health Services, the Department
of Toxic Substances Control, the State Department of Social Services,
the State Department of Mental Health, the State Department of
Developmental Services, the State Department of Alcohol and Drug
Programs, the Office of Statewide Health Planning and Development,
and the Department of Justice. All rules shall be adopted and
amended pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.




13510.7. (a) Whenever any person holding a certificate issued
pursuant to Section 13510.1 is determined to be disqualified from
holding office or being employed as a peace officer for the reasons
set forth in subdivision (a) of Section 1029 of the Government Code,
and the person has exhausted or waived his or her appeal, pursuant to
Section 1237 or Section 1237.5, from the conviction or finding that
forms the basis for or accompanies his or her disqualification, the
commission shall cause the following to be entered in the commission'
s training record for that person: "THIS PERSON IS INELIGIBLE TO BE
A PEACE OFFICER IN CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION
1029(a)."
(b) Whenever any person who is required to possess a basic
certificate issued by the commission pursuant to Section 832.4 or who
is subject to subdivision (a) of Section 13510.1 is determined to be
disqualified from holding office or being employed as a peace
officer for the reasons set forth in subdivision (a) of Section 1029
of the Government Code, the commission shall notify the law
enforcement agency that employs the person that the person is
ineligible to be a peace officer in California pursuant to
subdivision (a) of Section 1029 of the Government Code. The person's
basic certificate shall be null and void and the commission shall
enter this information in the commission's training record for that
person.
(c) After the time for filing a notice of appeal has passed, or
where the remittitur has been issued following the filing of a notice
of appeal, in a criminal case establishing the ineligibility of a
person to be a peace officer as specified in subdivision (c), the
commission shall reinstate a person's basic certificate in the event
a conviction of the offense requiring or accompanying ineligibility
is subsequently overturned or reversed by the action of a court of
competent jurisdiction.
(d) Upon request of a person who is eligible for reinstatement
pursuant to paragraph (2) of subdivision (b) of Section 1029 of the
Government Code because of successful completion of probation
pursuant to Section 1210.1 of the Penal Code, the court having
jurisdiction over the matter in which probation was ordered pursuant
to Section 1210.1 shall notify the commission of the successful
completion and the misdemeanor nature of the person's conviction.
The commission shall thereupon reinstate the person's eligibility.
Reinstatement of eligibility in the person's training record shall
not create a mandate that the person be hired by any agency.




13511. (a) In establishing standards for training, the commission
shall, so far as consistent with the purposes of this chapter, permit
required training to be obtained at institutions approved by the
commission.
(b) In those instances where individuals have acquired prior
comparable peace officer training, the commission shall, adopt
regulations providing for alternative means for satisfying the
training required by Section 832.3. The commission shall charge a
fee to cover administrative costs associated with the testing
conducted under this subdivision.



13511.3. The commission may evaluate and approve pertinent training
previously completed by any jurisdiction's law enforcement officers
as meeting current training requirements prescribed by the commission
pursuant to this chapter. The evaluations performed by the
commission shall conform to the standards established under this
chapter.



13511.5. Each applicant for admission to a basic course of training
certified by the Commission on Peace Officer Standards and Training
that includes the carrying and use of firearms, as prescribed by
subdivision (a) of Section 832 and subdivision (a) of Section 832.3,
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, shall be required to submit written
certification from the Department of Justice pursuant to Sections
11122, 11123, and 11124 that the applicant has no criminal history
background which would disqualify him or her, pursuant to Section
12021 or 12021.1 of this code, or Section 8100 or 8103 of the Welfare
and Institutions Code, from owning, possessing, or having under his
or her control a firearm.



13512. The commission shall make such inquiries as may be necessary
to determine whether every city, county, city and county, and
district receiving state aid pursuant to this chapter is adhering to
the standards for recruitment and training established pursuant to
this chapter.



13513. Upon the request of a local jurisdiction, the commission
shall provide a counseling service to such local jurisdiction for the
purpose of improving the administration, management or operations of
a police agency and may aid such jurisdiction in implementing
improved practices and techniques.



13514. The commission shall prepare a course of instruction for the
training of peace officers in the use of tear gas. Such course of
instruction may be given, upon approval by the commission, by any
agency or institution engaged in the training or instruction of peace
officers.


13514.1. (a) On or before July 1, 2005, the commission shall
develop and disseminate guidelines and standardized training
recommendations for all law enforcement officers, supervisors, and
managers whose agency assigns them to perform, supervise, or manage
Special Weapons and Tactics (SWAT) operations. The guidelines and
standardized training recommendations shall be available for use by
law enforcement agencies that conduct SWAT operations.
(b) The training and guidelines shall be developed in consultation
with law enforcement officers, the Attorney General's office,
supervisors, and managers, SWAT trainers, legal advisers, and others
selected by the commission. Development of the training and
guidelines shall include consideration of the recommendations
contained in the Attorney General's Commission on Special Weapons and
Tactics (S.W.A.T.) Final Report of 2002.
(c) The standardized training recommendations shall at a minimum
include initial training requirements for SWAT operations, refresher
or advanced training for experienced SWAT members, and supervision
and management of SWAT operations.
(d) The guidelines shall at minimum address legal and practical
issues of SWAT operations, personnel selection, fitness requirements,
planning, hostage negotiation, tactical issues, safety, rescue
methods, after-action evaluation of operations, logistical and
resource needs, uniform and firearms requirements, risk assessment,
policy considerations, and multijurisdictional SWAT operations.
(e) The guidelines shall provide procedures for approving the
prior training of officers, supervisors, and managers that meet the
standards and guidelines developed by the commission pursuant to this
section, in order to avoid duplicative training.



13514.5. (a) The commission shall implement on or before July 1,
1999, a course or courses of instruction for the training of law
enforcement officers in the handling of acts of civil disobedience
and adopt guidelines that may be followed by police agencies in
responding to acts of civil disobedience.
(b) The course of training for law enforcement officers shall
include adequate consideration of all of the following subjects:
(1) Reasonable use of force.
(2) Dispute resolution.
(3) Nature and extent of civil disobedience, whether it be passive
or active resistance.
(4) Media relations.
(5) Public and officer safety.
(6) Documentation, report writing, and evidence collection.
(7) Crowd control.
(c) (1) All law enforcement officers who have received their basic
training before July 1, 1999, may participate in supplementary
training on responding to acts of civil disobedience, as prescribed
and certified by the commission.
(2) Law enforcement agencies are encouraged to include, as part of
their advanced officer training program, periodic updates and
training on responding to acts of civil disobedience. The commission
shall assist these agencies where possible.
(d) (1) The course of instruction, the learning and performance
objectives, the standards for the training and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having expertise in responding to acts of
civil disobedience. The groups and individuals shall include, but
not be limited to, law enforcement agencies, police academy
instructors, subject matter experts and members of the public.
Different regional interests such as rural, suburban, and urban
interests may be represented by the participating parties.
(2) The commission, in consultation with the groups and
individuals described in paragraph (1), shall review existing
training programs to determine in what ways civil disobedience
training may be included as part of ongoing programs.
(e) As used in this section, "law enforcement officer" means any
peace officer as defined in Chapter 4.5 (commencing with Section 830)
of Title 3.
(f) It is the intent of the Legislature in enacting this section
to provide law enforcement officers with additional training so as to
control acts of civil disobedience with reasonable use of force and
to ensure public and officer safety with minimum disruption to
commerce and community affairs.
(g) It is also the intent of the Legislature in enacting this
section that the guidelines to be developed by the commission should
take into consideration the roles and responsibilities of all law
enforcement officers responding to acts of civil disobedience.



13515. Every city police officer or deputy sheriff at a supervisory
level and below who is assigned field or investigative duties shall
complete an elder and dependent adult abuse training course certified
by the Commission on Peace Officer Standards and Training within 18
months of assignment to field duties. Completion of the course may
be satisfied by telecourse, video training tape, or other
instruction. The training shall, at a minimum, include all of the
following subjects:
(a) Relevant laws.
(b) Recognition of elder and dependent adult abuse.
(c) Reporting requirements and procedures.
(d) Neglect of elders and dependent adults.
(e) Fraud of elders and dependent adults.
(f) Physical abuse of elders and dependent adults.
(g) Psychological abuse of elders and dependent adults.
(h) The role of the local adult protective services and public
guardian offices.



13515.25. (a) By July 1, 2006, the Commission on Peace Officer
Standards and Training shall establish and keep updated a continuing
education classroom training course relating to law enforcement
interaction with mentally disabled persons. The training course
shall be developed by the commission in consultation with appropriate
community, local, and state organizations and agencies that have
expertise in the area of mental illness and developmental disability,
and with appropriate consumer and family advocate groups. In
developing the course, the commission shall also examine existing
courses certified by the commission that relate to mentally disabled
persons. The commission shall make the course available to law
enforcement agencies in California.
(b) The course described in subdivision (a) shall consist of
classroom instruction and shall utilize interactive training methods
to ensure that the training is as realistic as possible. The course
shall include, at a minimum, core instruction in all of the
following:
(1) The cause and nature of mental illnesses and developmental
disabilities.
(2) How to identify indicators of mental disability and how to
respond appropriately in a variety of common situations.
(3) Conflict resolution and de-escalation techniques for
potentially dangerous situations involving mentally disabled persons.

(4) Appropriate language usage when interacting with mentally
disabled persons.
(5) Alternatives to lethal force when interacting with potentially
dangerous mentally disabled persons.
(6) Community and state resources available to serve mentally
disabled persons and how these resources can be best utilized by law
enforcement to benefit the mentally disabled community.
(7) The fact that a crime committed in whole or in part because of
an actual or perceived disability of the victim is a hate crime
punishable under Title 11.6 (commencing with Section 422.55) of Part
1.
(c) The commission shall submit a report to the Legislature by
October 1, 2004, that shall include all of the following:
(1) A description of the process by which the course was
established, including a list of the agencies and groups that were
consulted.
(2) Information on the number of law enforcement agencies that
utilized, and the number of officers that attended, the course or
other courses certified by the commission relating to mentally
disabled persons from July 1, 2001, to July 1, 2003, inclusive.
(3) Information on the number of law enforcement agencies that
utilized, and the number of officers that attended, courses certified
by the commission relating to mentally disabled persons from July 1,
2000, to July 1, 2001, inclusive.
(4) An analysis of the Police Crisis Intervention Training (CIT)
Program used by the San Francisco and San Jose Police Departments, to
assess the training used in these programs and compare it with
existing courses offered by the commission in order to evaluate the
adequacy of mental disability training available to local law
enforcement officers.
(d) The Legislature encourages law enforcement agencies to include
the course created in this section, and any other course certified
by the commission relating to mentally disabled persons, as part of
their advanced officer training program.
(e) It is the intent of the Legislature to reevaluate, on the
basis of its review of the report required in subdivision (c), the
extent to which law enforcement officers are receiving adequate
training in how to interact with mentally disabled persons.




13515.55. Every city police officer or deputy sheriff at a
supervisory level who is assigned field or investigative duties shall
complete a high technology crimes and computer seizure training
course certified by the Commission on Peace Officer Standards and
Training by January 1, 2000, or within 18 months of assignment to
supervisory duties. Completion of the course may be satisfied by
telecourse, video training tape, or other instruction. This training
shall be offered to all city police officers and deputy sheriffs as
part of continuing professional training. The training shall, at a
minimum, address relevant laws, recognition of high technology
crimes, and computer evidence collection and preservation.




13516. (a) The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies in the
investigation of ***ual assault cases, and cases involving the ***ual
exploitation or ***ual abuse of children, including, police response
to, and treatment of, victims of these crimes.
(b) The course of training leading to the basic certificate issued
by the commission shall, on and after July 1, 1977, include adequate
instruction in the procedures described in subdivision (a). No
reimbursement shall be made to local agencies based on attendance on
or after that date at any course which does not comply with the
requirements of this subdivision.
(c) The commission shall prepare and implement a course for the
training of specialists in the investigation of ***ual assault cases,
child ***ual exploitation cases, and child ***ual abuse cases.
Officers assigned to investigation duties which include the handling
of cases involving the ***ual exploitation or ***ual abuse of
children, shall successfully complete that training within six months
of the date the assignment was made.
(d) It is the intent of the Legislature in the enactment of this
section to encourage the establishment of *** crime investigation
units in police agencies throughout the state, which units shall
include, but not be limited to, investigating crimes involving the
***ual exploitation and ***ual abuse of children.
(e) It is the further intent of the Legislature in the enactment
of this section to encourage the establishment of investigation
guidelines that take into consideration the sensitive nature of the
***ual exploitation and ***ual abuse of children with respect to both
the accused and the alleged victim.


13517. (a) The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies in the
detection, investigation, and response to cases in which a minor is a
victim of an act of abuse or neglect prohibited by this code. The
guidelines shall include procedures for determining whether or not a
child should be taken into protective custody. The guidelines shall
also include procedures for minimizing the number of times a child is
interviewed by law enforcement personnel.
(b) The course of training leading to the basic certificate issued
by the commission shall, not later than July 1, 1979, include
adequate instruction in the procedures described in subdivision (a).

(c) The commission shall prepare and implement an optional course
of training of specialists in the investigation of cases in which a
minor is a victim of an act of abuse or neglect prohibited by this
code.
(d) The commission shall consult with the State Office of Child
Abuse Prevention in developing the guidelines and optional course of
training.


13517.5. The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies and
prosecutors in interviewing minor witnesses.



13517.7. (a) The commission shall develop guidelines and training
for use by state and local law enforcement officers to address issues
related to child safety when a caretaker parent or guardian is
arrested.
(b) The guidelines and training shall, at a minimum, address the
following subjects:
(1) Procedures to ensure that officers and custodial employees
inquire whether an arrestee has minor dependent children without
appropriate supervision.
(2) Authorizing additional telephone calls by arrestees so that
they may arrange for the care of minor dependent children.
(3) Use of county child welfare services, as appropriate, and
other similar service providers to assist in the placement of
dependent children when the parent or guardian is unable or unwilling
to arrange suitable care for the child or children.
(4) Identification of local government or nongovernmental agencies
able to provide appropriate custodial services.
(5) Temporary supervision of minor children to ensure their safety
and well-being.
(6) Sample procedures to assist state and local law enforcement
agencies to develop ways to ensure the safety and well-being of
children when the parent or guardian has been arrested.
(c) The commission shall use appropriate subject matter experts,
including representatives of law enforcement and county child welfare
agencies, in developing the guidelines and training required by this
section.



13518. (a) Every city police officer, sheriff, deputy sheriff,
marshal, deputy marshal, peace officer member of the Department of
the California Highway Patrol, and police officer of a district
authorized by statute to maintain a police department, except those
whose duties are primarily clerical or administrative, shall meet the
training standards prescribed by the Emergency Medical Services
Authority for the administration of first aid and cardiopulmonary
resuscitation. This training shall include instruction in the use of
a portable manual mask and airway assembly designed to prevent the
spread of communicable diseases. In addition, satisfactory
completion of periodic refresher training or appropriate testing in
cardiopulmonary resuscitation and other first aid as prescribed by
the Emergency Medical Services Authority shall also be required.
(b) The course of training leading to the basic certificate issued
by the commission shall include adequate instruction in the
procedures described in subdivision (a). No reimbursement shall be
made to local agencies based on attendance at any such course which
does not comply with the requirements of this subdivision.
(c) As used in this section, "primarily clerical or administrative"
means the performance of clerical or administrative duties for a
minimum of 90 percent of the time worked within a pay period.



13518.1. In order to prevent the spread of communicable disease,
every law enforcement agency employing peace officers described in
subdivision (a) of Section 13518 shall provide to each of these peace
officers an appropriate portable manual mask and airway assembly for
use when applying cardiopulmonary resuscitation.




13519. (a) The commission shall implement by January 1, 1986, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of domestic violence
complaints and also shall develop guidelines for law enforcement
response to domestic violence. The course or courses of instruction
and the guidelines shall stress enforcement of criminal laws in
domestic violence situations, availability of civil remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include domestic violence experts with
expertise in the delivery of direct services to victims of domestic
violence, including utilizing the staff of shelters for battered
women in the presentation of training.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
any peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2, any peace officer of the
University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
(c) The course of basic training for law enforcement officers
shall, no later than January 1, 1986, include adequate instruction in
the procedures and techniques described below:
(1) The provisions set forth in Title 5 (commencing with Section
13700) relating to response, enforcement of court orders, and data
collection.
(2) The legal duties imposed on peace officers to make arrests and
offer protection and assistance including guidelines for making
felony and misdemeanor arrests.
(3) Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote the
safety of the victim.
(4) The nature and extent of domestic violence.
(5) The signs of domestic violence.
(6) The legal rights of, and remedies available to, victims of
domestic violence.
(7) The use of an arrest by a private person in a domestic
violence situation.
(8) Documentation, report writing, and evidence collection.
(9) Domestic violence diversion as provided in Chapter 2.6
(commencing with Section 1000.6) of Title 6 of Part 2.
(10) Tenancy issues and domestic violence.
(11) The impact on children of law enforcement intervention in
domestic violence.
(12) The services and facilities available to victims and
batterers.
(13) The use and applications of this code in domestic violence
situations.
(14) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(15) Verification and enforcement of stay-away orders.
(16) Cite and release policies.
(17) Emergency assistance to victims and how to assist victims in
pursuing criminal justice options.
(d) The guidelines developed by the commission shall also
incorporate the foregoing factors.
(e) (1) All law enforcement officers who have received their basic
training before January 1, 1986, shall participate in supplementary
training on domestic violence subjects, as prescribed and certified
by the commission.
(2) Except as provided in paragraph (3), the training specified in
paragraph (1) shall be completed no later than January 1, 1989.
(3) (A) The training for peace officers of the Department of Parks
and Recreation, as defined in subdivision (g) of Section 830.2,
shall be completed no later than January 1, 1992.
(B) The training for peace officers of the University of
California Police Department and the California State University
Police Departments, as defined in Section 830.2, shall be completed
no later than January 1, 1993.
(C) The training for peace officers employed by a housing
authority, as defined in subdivision (d) of Section 830.31, shall be
completed no later than January 1, 1995.
(4) Local law enforcement agencies are encouraged to include, as a
part of their advanced officer training program, periodic updates
and training on domestic violence. The commission shall assist where
possible.
(f) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of domestic violence. The groups and individuals shall include, but
shall not be limited to, the following: one representative each from
the California Peace Officers' Association, the Peace Officers'
Research Association of California, the State Bar of California, the
California Women Lawyers' Association, and the State Commission on
the Status of Women; two representatives from the commission; two
representatives from the California Partnership to End Domestic
Violence; two peace officers, recommended by the commission, who are
experienced in the provision of domestic violence training; and two
domestic violence experts, recommended by the California Partnership
to End Domestic Violence, who are experienced in the provision of
direct services to victims of domestic violence and at least one
representative of service providers serving the lesbian, gay,
bi***ual, and transgender community in connection with domestic
violence. At least one of the persons selected shall be a former
victim of domestic violence.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways domestic violence training might be included as a part of
ongoing programs.
(g) Each law enforcement officer below the rank of supervisor who
is assigned to patrol duties and would normally respond to domestic
violence calls or incidents of domestic violence shall complete,
every two years, an updated course of instruction on domestic
violence that is developed according to the standards and guidelines
developed pursuant to subdivision (d). The instruction required
pursuant to this subdivision shall be funded from existing resources
available for the training required pursuant to this section. It is
the intent of the Legislature not to increase the annual training
costs of local government entities.


13519.05. (a) The commission shall implement by January 1, 2002, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of stalking complaints and
also shall develop guidelines for law enforcement response to
stalking. The course or courses of instruction and the guidelines
shall stress enforcement of criminal laws in stalking situations,
availability of civil remedies and community resources, and
protection of the victim. Where appropriate, the training presenters
shall include stalking experts with expertise in the delivery of
direct services to victims of stalking. Completion of the course may
be satisfied by telecommunication, video training tape, or other
instruction.
(b) (1) As used in this section, "law enforcement officer" means
any officer or employee of a local police department or sheriff's
office, any peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2, any peace officer of
the University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
(2) As used in this section, "stalking" means the offense defined
in Section 646.9.
(c) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of stalking.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways stalking training might be included as a part of ongoing
programs.
(d) Participation in the course or courses specified in this
section by peace officers or the agencies employing them, is
voluntary.



13519.1. (a) The commission shall implement by July 1, 1988, a
course or courses of instruction for the training of law enforcement
officers and law enforcement dispatchers in the handling of missing
person and runaway cases and shall also develop guidelines for law
enforcement response to missing person and runaway cases. The course
or courses of instruction and the guidelines shall include, but not
be limited to, timeliness and priority of response, assisting persons
who make missing person reports to contact the appropriate law
enforcement agency in the jurisdiction of the residence address of
the missing person or runaway and the appropriate law enforcement
agency in the jurisdiction where the missing person or runaway was
last seen, and coordinating law enforcement agencies for the purpose
of efficiently and effectively taking and investigating missing
person reports.
As used in this section, "law enforcement" includes any officers
or employees of a local police or sheriff's office or of the
California Highway Patrol.
(b) The course of basic training for law enforcement officers and
law enforcement dispatchers shall, not later than January 1, 1989,
include adequate instruction in the handling of missing person and
runaway cases developed pursuant to subdivision (a).
(c) All law enforcement officers and law enforcement dispatchers
who have received their basic training before January 1, 1989, shall
participate in supplementary training on missing person and runaway
cases, as prescribed and certified by the commission. The training
required by this subdivision shall be completed not later than
January 1, 1991.


13519.2. (a) The commission shall, on or before July 1, 1990,
include in the basic training course for law enforcement officers,
adequate instruction in the handling of persons with developmental
disabilities or mental illness, or both. Officers who complete the
basic training prior to July 1, 1990, shall participate in
supplementary training on this topic. This supplementary training
shall be completed on or before July 1, 1992. Further training
courses to update this instruction shall be established, as deemed
necessary by the commission.
(b) The course of instruction relating to the handling of
developmentally disabled or mentally ill persons shall be developed
by the commission in consultation with appropriate groups and
individuals having an interest and expertise in this area. In
addition to providing instruction on the handling of these persons,
the course shall also include information on the cause and nature of
developmental disabilities and mental illness, as well as the
community resources available to serve these persons.



13519.3. (a) Effective July 1, 1990, the commission shall
establish, for those peace officers specified in subdivision (a) of
Section 13510 who are assigned to patrol or investigations, a course
on the nature of sudden infant death syndrome and the handling of
cases involving the sudden deaths of infants. The course shall
include information on the community resources available to assist
families and child care providers who have lost a child to sudden
infant death syndrome. Officers who are employed after January 1,
1990, shall complete a course in sudden infant death syndrome prior
to the issuance of the Peace Officer Standards and Training basic
certificate, and shall complete training on this topic on or before
July 1, 1992.
(b) The commission, in consultation with experts in the field of
sudden infant death syndrome, shall prepare guidelines establishing
standard procedures which may be followed by law enforcement agencies
in the investigation of cases involving sudden deaths of infants.
(c) The course relating to sudden infant death syndrome and the
handling of cases of sudden infant deaths shall be developed by the
commission in consultation with experts in the field of sudden infant
death syndrome. The course shall include instruction in the
standard procedures developed pursuant to subdivision (b). In
addition, the course shall include information on the nature of
sudden infant death syndrome which shall be taught by experts in the
field of sudden infant death syndrome.
(d) The commission shall review and modify the basic course
curriculum to include sudden infant death syndrome awareness as part
of death investigation training.
(e) When the instruction and training are provided by a local
agency, a fee shall be charged sufficient to defray the entire cost
of instruction and training.



13519.4. (a) The commission shall develop and disseminate
guidelines and training for all law enforcement officers in
California as described in subdivision (a) of Section 13510 and who
adhere to the standards approved by the commission, on the racial and
cultural differences among the residents of this state. The course
or courses of instruction and the guidelines shall stress
understanding and respect for racial and cultural differences, and
development of effective, noncombative methods of carrying out law
enforcement duties in a racially and culturally diverse environment.

(b) The course of basic training for law enforcement officers
shall include adequate instruction on racial and cultural diversity
in order to foster mutual respect and cooperation between law
enforcement and members of all racial and cultural groups. In
developing the training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the field of cultural awareness and diversity.
(c) For the purposes of this section the following shall apply:
(1) "Disability," "gender," "nationality," "religion," and "***ual
orientation" have the same meaning as in Section 422.55.
(2) "Culturally diverse" and "cultural diversity" include, but are
not limited to, disability, gender, nationality, religion, and
***ual orientation issues.
(3) "Racial" has the same meaning as "race or ethnicity" in
Section 422.55.
(d) The Legislature finds and declares as follows:
(1) Racial profiling is a practice that presents a great danger to
the fundamental principles of a democratic society. It is abhorrent
and cannot be tolerated.
(2) Motorists who have been stopped by the police for no reason
other than the color of their skin or their apparent nationality or
ethnicity are the victims of discriminatory practices.
(3) It is the intent of the Legislature in enacting the changes to
Section 13519.4 of the Penal Code made by the act that added this
subdivision that more than additional training is required to address
the pernicious practice of racial profiling and that enactment of
this bill is in no way dispositive of the issue of how the state
should deal with racial profiling.
(4) The working men and women in California law enforcement risk
their lives every day. The people of California greatly appreciate
the hard work and dedication of law enforcement officers in
protecting public safety. The good name of these officers should not
be tarnished by the actions of those few who commit discriminatory
practices.
(e) "Racial profiling," for purposes of this section, is the
practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any
individualized suspicion of the particular person being stopped.
(f) A law enforcement officer shall not engage in racial
profiling.
(g) Every law enforcement officer in this state shall participate
in expanded training as prescribed and certified by the Commission on
Peace Officers Standards and Training.
(h) The curriculum shall utilize the Tools for Tolerance for Law
Enforcement Professionals framework and shall include and examine the
patterns, practices, and protocols that make up racial profiling.
This training shall prescribe patterns, practices, and protocols that
prevent racial profiling. In developing the training, the
commission shall consult with appropriate groups and individuals
having an interest and expertise in the field of racial profiling.
The course of instruction shall include, but not be limited to,
adequate consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up
cultural differences among residents in a local community.
(2) Negative impact of biases, prejudices, and stereotyping on
effective law enforcement, including examination of how historical
perceptions of discriminatory enforcement practices have harmed
police-community relations.
(3) The history and the role of the civil rights movement and
struggles and their impact on law enforcement.
(4) Specific obligations of officers in preventing, reporting, and
responding to discriminatory or biased practices by fellow officers.

(5) Perspectives of diverse, local constituency groups and experts
on particular cultural and police-community relations issues in a
local area.
(i) Once the initial basic training is completed, each law
enforcement officer in California as described in subdivision (a) of
Section 13510 who adheres to the standards approved by the commission
shall be required to complete a refresher course every five years
thereafter, or on a more frequent basis if deemed necessary, in order
to keep current with changing racial and cultural trends.
(j) The Legislative Analyst shall conduct a study of the data
being voluntarily collected by those jurisdictions that have
instituted a program of data collection with regard to racial
profiling, including, but not limited to, the California Highway
Patrol, the City of San Jose, and the City of San Diego, both to
ascertain the incidence of racial profiling and whether data
collection serves to address and prevent such practices, as well as
to assess the value and efficacy of the training herein prescribed
with respect to preventing local profiling. The Legislative Analyst
may prescribe the manner in which the data is to be submitted and may
request that police agencies collecting such data submit it in the
requested manner. The Legislative Analyst shall provide to the
Legislature a report and recommendations with regard to racial
profiling by July 1, 2002.



13519.5. The commission shall, on or before July 1, 1991, implement
a course or courses of instruction to provide ongoing training to
the appropriate peace officers on methods of gang and drug law
enforcement.


13519.6. (a) The commission shall develop guidelines and a course
of instruction and training for law enforcement officers who are
employed as peace officers, or who are not yet employed as a peace
officer but are enrolled in a training academy for law enforcement
officers, addressing hate crimes. "Hate crimes," for purposes of
this section, has the same meaning as in Section 422.55.
(b) The course shall make maximum use of audio and video
communication and other simulation methods and shall include
instruction in each of the following:
(1) Indicators of hate crimes.
(2) The impact of these crimes on the victim, the victim's family,
and the community, and the assistance and compensation available to
victims.
(3) Knowledge of the laws dealing with hate crimes and the legal
rights of, and the remedies available to, victims of hate crimes.
(4) Law enforcement procedures, reporting, and documentation of
hate crimes.
(5) Techniques and methods to handle incidents of hate crimes in a
noncombative manner.
(6) Multimission criminal extremism, which means the nexus of
certain hate crimes, antigovernment extremist crimes,
anti-reproductive-rights crimes, and crimes committed in whole or in
part because of the victims' actual or perceived homelessness.
(7) The special problems inherent in some categories of hate
crimes, including gender-bias crimes, disability-bias crimes,
including those committed against homeless persons with disabilities,
anti-immigrant crimes, and anti-Arab and anti-Islamic crimes, and
techniques and methods to handle these special problems.
(8) Preparation for, and response to, possible future
anti-Arab/Middle Eastern and anti-Islamic hate crimewaves, and any
other future hate crime waves that the Attorney General determines
are likely.
(c) The guidelines developed by the commission shall incorporate
the procedures and techniques specified in subdivision (b), and shall
include a framework and possible content of a general order or other
formal policy on hate crimes that all state law enforcement agencies
shall adopt and the commission shall encourage all local law
enforcement agencies to adopt. The elements of the framework shall
include, but not be limited to, the following:
(1) A message from the law enforcement agency's chief executive
officer to the agency's officers and staff concerning the importance
of hate crime laws and the agency's commitment to enforcement.
(2) The definition of "hate crime" in Section 422.55.
(3) References to hate crime statutes including Section 422.6.
(4) A title-by-title specific protocol that agency personnel are
required to follow, including, but not limited to, the following:
(A) Preventing and preparing for likely hate crimes by, among
other things, establishing contact with persons and communities who
are likely targets, and forming and cooperating with community hate
crime prevention and response networks.
(B) Responding to reports of hate crimes, including reports of
hate crimes committed under the color of authority.
(C) Accessing assistance, by, among other things, activating the
Department of Justice hate crime rapid response protocol when
necessary.
(D) Providing victim assistance and followup, including community
followup.
(E) Reporting.
(d) (1) The course of training leading to the basic certificate
issued by the commission shall include the course of instruction
described in subdivision (a).
(2) Every state law enforcement and correctional agency, and every
local law enforcement and correctional agency to the extent that
this requirement does not create a state-mandated local program cost,
shall provide its peace officers with the basic course of
instruction as revised pursuant to the act that amends this section
in the 2003-04 session of the Legislature, beginning with officers
who have not previously received the training. Correctional agencies
shall adapt the course as necessary.
(e) As used in this section, "peace officer" means any person
designated as a peace officer by Section 830.1 or 830.2.
(f) The additional training requirements imposed under this
section by legislation adopted in 2004 shall be implemented by July
1, 2007.


13519.64. (a) The Legislature finds and declares that research,
including "Special Report to the Legislature on Senate Resolution 18:
Crimes Committed Against Homeless Persons" by the Department of
Justice and "Hate, Violence, and Death: A Report on Hate Crimes
Against People Experiencing Homelessness from 1999-2002" by the
National Coalition for the Homeless demonstrate that California has
had serious and unaddressed problems of crime against homeless
persons, including homeless persons with disabilities.
(b) (1) By July 1, 2005, the Commission on Peace Officer Standards
and Training, using available funding, shall develop a two-hour
telecourse to be made available to all law enforcement agencies in
California on crimes against homeless persons and on how to deal
effectively and humanely with homeless persons, including homeless
persons with disabilities. The telecourse shall include information
on multimission criminal extremism, as defined in Section 13519.6.
In developing the telecourse, the commission shall consult
subject-matter experts including, but not limited to, homeless and
formerly homeless persons in California, service providers and
advocates for homeless persons in California, experts on the
disabilities that homeless persons commonly suffer, the California
Council of Churches, the National Coalition for the Homeless, the
Senate Office of Research, and the Criminal Justice Statistics Center
of the Department of Justice.
(2) Every state law enforcement agency, and every local law
enforcement agency, to the extent that this requirement does not
create a state-mandated local program cost, shall provide the
telecourse to its peace officers.



13519.7. (a) On or before August 1, 1994, the commission shall
develop complaint guidelines to be followed by city police
departments, county sheriffs' departments, districts, and state
university departments, for peace officers who are victims of ***ual
harassment in the workplace. In developing the complaint guidelines,
the commission shall consult with appropriate groups and individuals
having an expertise in the area of ***ual harassment.
(b) The course of basic training for law enforcement officers
shall, no later than January 1, 1995, include instruction on ***ual
harassment in the workplace. The training shall include, but not be
limited to, the following:
(1) The definition of ***ual harassment.
(2) A description of ***ual harassment, utilizing examples.
(3) The illegality of ***ual harassment.
(4) The complaint process, legal remedies, and protection from
retaliation available to victims of ***ual harassment.
In developing this training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the area of ***ual harassment.
(c) All peace officers who have received their basic training
before January 1, 1995, shall receive supplementary training on
***ual harassment in the workplace by January 1, 1997.



13519.8. (a) (1) The commission shall implement a course or courses
of instruction for the regular and periodic training of law
enforcement officers in the handling of high-speed vehicle pursuits
and shall also develop uniform, minimum guidelines for adoption and
promulgation by California law enforcement agencies for response to
high-speed vehicle pursuits. The guidelines and course of instruction
shall stress the importance of vehicle safety and protecting the
public at all times, include a regular assessment of law enforcement'
s vehicle pursuit policies, practices, and training, and recognize
the need to balance the known offense and the need for immediate
capture against the risks to officers and other citizens of a
high-speed pursuit. These guidelines shall be a resource for each
agency executive to use in the creation of a specific pursuit policy
that the agency is encouraged to adopt and promulgate, and that
reflects the needs of the agency, the jurisdiction it serves, and the
law.
(2) As used in this section, "law enforcement officer" includes
any peace officer of a local police or sheriff's department or the
California Highway Patrol, or of any other law enforcement agency
authorized by law to conduct vehicular pursuits.
(b) The course or courses of basic training for law enforcement
officers and the guidelines shall include adequate consideration of
each of the following subjects:
(1) When to initiate a pursuit.
(2) The number of involved law enforcement units permitted.
(3) Responsibilities of primary and secondary law enforcement
units.
(4) Driving tactics.
(5) Helicopter assistance.
(6) Communications.
(7) Capture of suspects.
(8) Termination of a pursuit.
(9) Supervisory responsibilities.
(10) Blocking, ramming, boxing, and roadblock procedures.
(11) Speed limits.
(12) Interjurisdictional considerations.
(13) Conditions of the vehicle, driver, roadway, weather, and
traffic.
(14) Hazards to uninvolved bystanders or motorists.
(15) Reporting and postpursuit analysis.
(c) (1) All law enforcement officers who have received their basic
training before January 1, 1995, shall participate in supplementary
training on high-speed vehicle pursuits, as prescribed and certified
by the commission.
(2) Law enforcement agencies are encouraged to include, as part of
their advanced officer training program, periodic updates and
training on high-speed vehicle pursuit. The commission shall assist
where possible.
(d) (1) The course or courses of instruction, the learning and
performance objectives, the standards for the training, and the
guidelines shall be developed by the commission in consultation with
appropriate groups and individuals having an interest and expertise
in the field of high-speed vehicle pursuits. The groups and
individuals shall include, but not be limited to, law enforcement
agencies, police academy instructors, subject matter experts, and
members of the public.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine the
ways in which high-speed pursuit training may be included as part of
ongoing programs.
(e) It is the intent of the Legislature that each law enforcement
agency adopt, promulgate, and require regular and periodic training
consistent with an agency's specific pursuit policy that, at a
minimum, complies with the guidelines developed under subdivisions
(a) and (b).



13519.9. (a) On or before January 1, 1995, the commission shall
establish the Robert Presley Institute of Criminal Investigation
which will make available to criminal investigators of California's
law enforcement agencies an advanced training program to meet the
needs of working investigators in specialty assignments, such as
arson, auto theft, homicide, and narcotics.
(b) The institute shall provide an array of investigation
training, including the following:
(1) Core instruction in matters common to all investigative
activities.
(2) Advanced instruction through foundation specialty courses in
the various investigative specialties.
(3) Completion of a variety of elective courses pertaining to
investigation.
(c) (1) Instruction in core foundation and specialty courses shall
be designed not only to impart new knowledge, but to evoke from
students the benefit of their experience and ideas in a creative and
productive instructional design environment.
(2) Instructors shall be skilled and knowledgeable both in subject
matter and in the use of highly effective instructional strategies.

(d) (1) The commission shall design and operate the institute to
constantly improve the effectiveness of instruction.
(2) The institute shall make use of the most modern instructional
design and equipment, including computer-assisted instruction,
scenarios, and case studies.
(3) The institute shall ensure that proper facilities, such as
crime scene training areas, are available for use by students.



13519.12. (a) Pursuant to Section 13510, the Commission on Peace
Officer Standards and Training shall establish training standards and
develop a course of instruction that includes the criteria for the
curriculum content recommended by the Emergency Response Training
Advisory Committee established pursuant to Section 8588.10 of the
Government Code, involving the responsibilities of first responders
to terrorism incidents. The course of instruction shall address the
training needs of peace officers at a managerial or supervisory level
and below who are assigned to field duties. The training shall be
developed in consultation with the Department of Justice and other
individuals knowledgeable about terrorism and address current theory,
terminology, historical issues, and procedures necessary to
appropriately respond to and effectively mitigate the effects of a
terrorist incident.
(b) The commission shall expedite the delivery of this training to
law enforcement through maximum use of its local and regional
delivery systems.
(c) To maximize the availability and delivery of training, the
commission shall develop a course of instruction to train trainers
and first responders dealing with terrorism incidents using a variety
of formats.
(d) Every police chief and sheriff, the Commissioner of the
Highway Patrol, and other general law enforcement agency executives
may determine the members of their agency to receive the emergency
response to terrorism incidents training developed by the commission
under this section. The persons to be trained may include, but are
not limited to, peace officers that perform general law enforcement
duties at a managerial or supervisory level or below and are assigned
to field duties.


13519.14. (a) The commission shall implement by January 1, 2007, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of human trafficking
complaints and also shall develop guidelines for law enforcement
response to human trafficking. The course or courses of instruction
and the guidelines shall stress the dynamics and manifestations of
human trafficking, identifying and communicating with victims,
providing documentation that satisfy the law enforcement agency
endorsement (LEA) required by federal law, collaboration with federal
law enforcement officials, therapeutically appropriate investigative
techniques, the availability of civil and immigration remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include human trafficking experts with
experience in the delivery of direct services to victims of human
trafficking. Completion of the course may be satisfied by
telecommunication, video training tape, or other instruction.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
and any peace officer of the California Highway Patrol, as defined
by subdivision (a) of Section 830.2.
(c) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of human trafficking.
(d) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways human trafficking training may be included as a part of
ongoing programs.
(e) Participation in the course or courses specified in this
section by peace officers or the agencies employing them is
voluntary.
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Peace Officers' Training Fund and Allocations
Therefrom


13520. There is hereby created in the State Treasury a Peace
Officers' Training Fund, which is hereby appropriated, without regard
to fiscal years, exclusively for costs of administration and for
grants to local governments and districts pursuant to this chapter.




13522. Any city, county, city and county, or district which desires
to receive state aid pursuant to this chapter shall make application
to the commission for the aid. The initial application shall be
accompanied by a certified copy of an ordinance, or in the case of
the University of California, the California State University, and
agencies not authorized to act by ordinance, by a resolution, adopted
by its governing body providing that while receiving any state aid
pursuant to this chapter, the city, county, city and county, or
district will adhere to the standards for recruitment and training
established by the commission. The application shall contain any
information the commission may request.


13523. The commission shall annually allocate and the State
Treasurer shall periodically pay from the Peace Officers' Training
Fund, at intervals specified by the commission, to each city, county,
and district which has applied and qualified for aid pursuant to
this chapter an amount determined by the commission pursuant to
standards set forth in its regulations. The commission shall grant
aid only on a basis that is equally proportionate among cities,
counties, and districts. State aid shall only be provided for
training expenses of full-time regularly paid employees, as defined
by the commission, of eligible agencies from cities, counties, or
districts.
In no event shall any allocation be made to any city, county, or
district which is not adhering to the standards established by the
commission as applicable to such city, county, or district.



13524. Any county wishing to receive state aid pursuant to this
chapter for the training of regularly employed and paid inspectors
and investigators of a district attorney's office, as defined in
Section 830.1 who conduct criminal investigations, shall include such
request for aid in its application to the commission pursuant to
Sections 13522 and 13523.



13525. Any city, county, city and county, district, or joint powers
agency which desires to receive state aid pursuant to this chapter
for the training of regularly employed and paid local public safety
dispatchers, as described in subdivision (c) of Section 13510, shall
include that request for aid in its application to the commission
pursuant to Sections 13522 and 13523.



13526. In no event shall any allocation be made from the Peace
Officers' Training Fund to a local government agency if the agency
was not entitled to receive funding under any of the provisions of
this article, as they read on December 31, 1989.




13526.1. (a) It is the intent of the Legislature in adding this
section that effect be given to amendments made by Chapter 950 of the
Statutes of 1989. The Legislature recognizes those amendments were
intended to make port wardens and special officers of the Harbor
Department of the City of Los Angeles entitled to allocations from
the Peace Officers' Training Fund for state aid pursuant to this
chapter, notwithstanding the amendments made by Chapter 1165 of the
Statutes of 1989, which added Section 13526 to this code.
(b) Notwithstanding Section 13526, for the purposes of this
chapter, the port wardens and special officers of the Harbor
Department of the City of Los Angeles shall be entitled to receive
funding from the Peace Officers' Training Fund.



13526.2. Notwithstanding Section 13526, for the purposes of this
chapter, the housing authority police departments of the City of Los
Angeles and the City of Oakland shall be entitled to receive funding
from the Peace Officers' Training Fund.
Peace Officers

13540. (a) Any person or persons desiring peace officer status
under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
who, on January 1, 1990, were not entitled to be designated as peace
officers under that chapter shall request the Commission on Peace
Officer Standards and Training to undertake a feasibility study
regarding designating that person or persons as peace officers. The
request and study shall be undertaken in accordance with regulations
adopted by the commission. The commission may charge any person
requesting a study, a fee, not to exceed the actual cost of
undertaking the study. Nothing in this article shall apply to or
otherwise affect the authority of the Director of Corrections, the
Director of the Youth Authority, the Director of the Youthful
Offender Parole Board, or the Secretary of the Youth and Adult
Correctional Agency to designate peace officers as provided for in
Section 830.5.
(b) Any person or persons who are designated as peace officers
under Chapter 4.5, (commencing with Section 830) of Title 3 of Part
2, and who desire a change in peace officer designation or status,
shall request the Commission on Peace Officer Standards and Training
to undertake a study to assess the need for a change in designation
or status. The request and study shall be undertaken in accordance
with regulations adopted by the commission. The commission may
charge any person, agency, or organization requesting a study, a fee,
not to exceed the actual cost of undertaking the study.




13541. (a) Any study undertaken under this article shall include,
but shall not be limited to, the current and proposed duties and
responsibilities of persons employed in the category seeking the
designation change, their field law enforcement duties and
responsibilities, their supervisory and management structure, and
their proposed training methods and funding sources.
(b) A study undertaken pursuant to subdivision (b) of Section
13540 shall include, but shall not be limited to, the current and
proposed duties and responsibilities of the persons employed in the
category seeking the designation change and their field law
enforcement duties and responsibilities, and the extent to which
their current duties and responsibilities require additional peace
officer powers and authority.


13542. (a) In order for the commission to give a favorable
recommendation as to a change in designation to peace officer status,
the person or persons desiring the designation change shall be
employed by an agency with a supervisory structure consisting of a
chief law enforcement officer, the agency shall agree to comply with
the training requirements set forth in Section 832, and shall be
subject to the funding restriction set forth in Section 13526. The
commission shall issue the study and its recommendations to the
requesting person or agency within 18 months of the mutual acceptance
of a contract between the requesting person or agency and the
commission. A copy of that study and recommendations shall also be
submitted to the Legislature.
(b) (1) In order for the commission to give a favorable
recommendation as to a change in peace officer designation or status,
the person or persons desiring the change in peace officer
designation or status shall be employed by an agency that is
currently participating in the Peace Officer Standard Training
program.
(2) If the designation change is moving the person or persons into
Section 830.1, the person or persons shall obtain the basic
certificate issued by the Commission on Peace Officer Standards and
Training, set forth in Section 832.4.
(3) The commission shall issue the study and its recommendations,
as specified in subdivision (b) of Section 13540, to the requesting
person or persons, within 12 months of the mutual acceptance of a
contract between the requesting person or agency and the commission,
or as soon as possible thereafter if the commission shows good cause
as to the need for an extension of the 12-month time period.
(4) A copy of that study and recommendation shall also be
submitted to the Legislature.
Local Law Enforcement Accreditation

13550. For the purposes of this article the following terms apply:

(a) "Local law enforcement" means city police and county sheriffs'
departments.
(b) "Accreditation" means meeting and maintaining standards that
render the agency eligible for certification by ascribing to publicly
recognized principles for the professional operation of local law
enforcement agencies.


13551. (a) The Commission on Peace Officer Standards and Training
shall develop regulations and professional standards for the law
enforcement accreditation program when funding for this purpose from
nongeneral funds is approved by the Legislature. The program shall
provide standards for the operation of law enforcement agencies and
shall be available as soon as practical after funding becomes
available. The standards shall serve as a basis for the uniform
operation of law enforcement agencies throughout the state to best
serve the interests of the people of this state.
(b) The commission may, from time to time, amend the regulations
and standards or adopt new standards relating to the accreditation
program.



13552. (a) Participation in this accreditation program is limited
to police departments, sheriffs' departments, and the California
Highway Patrol. Other law enforcement agencies shall be eligible for
accreditation after January 1, 1998.
(b) Participation shall be voluntary and shall be initiated upon
the application of the chief executive officer of each agency.



13553. Nothing in this article shall prohibit a law enforcement
agency from establishing standards that exceed the minimum
accreditation standards set by the commission.
CORRECTIONS STANDARDS AUTHORITY


13600. (a) Commencing July 1, 2005, any reference to the Commission
on Correctional Peace Officer Standards and Training or "CPOST"
shall refer to the Corrections Standards Authority established
pursuant to Chapter 5 (commencing with Section 6024) of Title 7 of
Part 3. As of that date, the Commission on Correctional Peace Officer
Standards and Training is abolished.
(b) The Legislature finds and declares that peace officers of the
state correctional system, including youth and adult correctional
facilities, fulfill responsibilities that require creation and
application of sound selection criteria for applicants and standards
for their training prior to assuming their duties. For the purposes
of this section, correctional peace officers are peace officers as
defined in Section 830.5 and employed or designated by the Department
of Corrections and Rehabilitation.
The Legislature further finds that sound applicant selection and
training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs in the department.
(c) The Secretary of the Department of Corrections and
Rehabilitation shall, with advice from the Corrections Standards
Authority, appoint a subordinate officer to serve as executive
director of the board. The subordinate officer shall serve at the
pleasure of the secretary. The subordinate officer shall appoint
staff as provided for in the annual Budget Act, beginning in the
2005-06 fiscal year.



13601. (a) The Corrections Standards Authority shall develop,
approve, and monitor standards for the selection and training of
state correctional peace officer apprentices. Any standard for
selection established under this subdivision shall be subject to
approval by the State Personnel Board. Using the psychological and
screening standards established by the State Personnel Board, the
State Personnel Board or the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities shall ensure that,
prior to training, each applicant who has otherwise qualified in all
physical and other testing requirements to be a peace officer in
either a youth or adult correctional facility, is determined to be
free from emotional or mental conditions that might adversely affect
the exercise of his or her duties and powers as a peace officer.
(b) The authority may approve standards for a course in the
carrying and use of firearms for correctional peace officers that is
different from that prescribed pursuant to Section 832. The standards
shall take into consideration the different circumstances presented
within the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the authority subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The authority shall develop, approve, and monitor standards
for advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The authority shall develop, approve, and monitor standards
for the training of state correctional peace officers in the
department in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
authority may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the authority, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The authority shall
monitor program compliance by the department.
(h) The authority may disapprove any training courses created by
the department pursuant to the standards developed by the authority
if it determines that the courses do not meet the prescribed
standards.
(i) The authority shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the authority, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The authority shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding authority rules,
regulations, standards, or decisions.



13602. (a) The Department of Corrections and Rehabilitation may use
the training academy at Galt or the training center in Stockton. The
academy at Galt shall be known as the Richard A. McGee Academy. The
training divisions, in using the funds, shall endeavor to minimize
costs of administration so that a maximum amount of the funds will be
used for providing training and support to correctional peace
officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the Corrections
Standards Authority before he or she may be assigned to a post or
job as a peace officer. Every newly appointed first-line or
second-line supervisor in the Department of Corrections and
Rehabilitation shall complete the course of training, pursuant to
standards approved by the authority for that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.



13602.1. The Department of Corrections and Rehabilitation may
establish a training academy for correctional officers in southern
California.


13603. (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the Corrections
Standards Authority on how to implement the on-the-job training
requirements of this subdivision, the department shall provide a
total of 16 weeks of training to each correctional peace officer
cadet as follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the Corrections Standards Authority pursuant to
Section 13602.
LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE
GE

13700. As used in this title:
(a) "Abuse" means intentionally or recklessly causing or
attempting to cause bodily injury, or placing another person in
reasonable apprehension of imminent serious bodily injury to himself
or herself, or another.
(b) "Domestic violence" means abuse committed against an adult or
a minor who is a spouse, former spouse, cohabitant, former
cohabitant, or person with whom the suspect has had a child or is
having or has had a dating or engagement relationship. For purposes
of this subdivision, "cohabitant" means two unrelated adult persons
living together for a substantial period of time, resulting in some
permanency of relationship. Factors that may determine whether
persons are cohabiting include, but are not limited to, (1) ***ual
relations between the parties while sharing the same living quarters,
(2) sharing of income or expenses, (3) joint use or ownership of
property, (4) whether the parties hold themselves out as husband and
wife, (5) the continuity of the relationship, and (6) the length of
the relationship.
(c) "Officer" means any officer or employee of a local police
department or sheriff's office, and any peace officer of the
Department of the California Highway Patrol, the Department of Parks
and Recreation, the University of California Police Department, or
the California State University and College Police Departments, as
defined in Section 830.2, a peace officer of the Department of
General Services of the City of Los Angeles, as defined in
subdivision (c) of Section 830.31, a housing authority patrol
officer, as defined in subdivision (d) of Section 830.31, or a peace
officer as defined in subdivisions (a) and (b) of Section 830.32.
(d) "Victim" means a person who is a victim of domestic violence.



13701. (a) Every law enforcement agency in this state shall
develop, adopt, and implement written policies and standards for
officers' responses to domestic violence calls by January 1, 1986.
These policies shall reflect that domestic violence is alleged
criminal conduct. Further, they shall reflect existing policy that a
request for assistance in a situation involving domestic violence is
the same as any other request for assistance where violence has
occurred.
(b) The written policies shall encourage the arrest of domestic
violence offenders if there is probable cause that an offense has
been committed. These policies also shall require the arrest of an
offender, absent exigent circumstances, if there is probable cause
that a protective order issued under Chapter 4 (commencing with
Section 2040) of Part 1 of Division 6, Division 10 (commencing with
Section 6200), or Chapter 6 (commencing with Section 7700) of Part 3
of Division 12, of the Family Code, or Section 136.2 of this code, or
by a court of any other state, a commonwealth, territory, or insular
possession subject to the jurisdiction of the United States, a
military tribunal, or a tribe has been violated. These policies
shall discourage, when appropriate, but not prohibit, dual arrests.
Peace officers shall make reasonable efforts to identify the dominant
aggressor in any incident. The dominant aggressor is the person
determined to be the most significant, rather than the first,
aggressor. In identifying the dominant aggressor, an officer shall
consider the intent of the law to protect victims of domestic
violence from continuing abuse, the threats creating fear of physical
injury, the history of domestic violence between the persons
involved, and whether either person acted in self-defense. These
arrest policies shall be developed, adopted, and implemented by July
1, 1996. Notwithstanding subdivision (d), law enforcement agencies
shall develop these policies with the input of local domestic
violence agencies.
(c) These existing local policies and those developed shall be in
writing and shall be available to the public upon request and shall
include specific standards for the following:
(1) Felony arrests.
(2) Misdemeanor arrests.
(3) Use of citizen arrests.
(4) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(5) Verification and enforcement of stay-away orders.
(6) Cite and release policies.
(7) Emergency assistance to victims, such as medical care,
transportation to a shelter, or a hospital for treatment when
necessary, and police standbys for removing personal property and
assistance in safe passage out of the victim's residence.
(8) Assisting victims in pursuing criminal options, such as giving
the victim the report number and directing the victim to the proper
investigation unit.
(9) Furnishing written notice to victims at the scene, including,
but not limited to, all of the following information:
(A) A statement informing the victim that despite official
restraint of the person alleged to have committed domestic violence,
the restrained person may be released at any time.
(B) A statement that, "For further information about a shelter you
may contact ____."
(C) A statement that, "For information about other services in the
community, where available, you may contact ____."
(D) A statement that, "For information about the California
victims' compensation program, you may contact 1-800-777-9229."
(E) A statement informing the victim of domestic violence that he
or she may ask the district attorney to file a criminal complaint.
(F) A statement informing the victim of the right to go to the
superior court and file a petition requesting any of the following
orders for relief:
(i) An order restraining the attacker from abusing the victim and
other family members.
(ii) An order directing the attacker to leave the household.
(iii) An order preventing the attacker from entering the
residence, school, business, or place of employment of the victim.
(iv) An order awarding the victim or the other parent custody of
or visitation with a minor child or children.
(v) An order restraining the attacker from molesting or
interfering with minor children in the custody of the victim.
(vi) An order directing the party not granted custody to pay
support of minor children, if that party has a legal obligation to do
so.
(vii) An order directing the defendant to make specified debit
payments coming due while the order is in effect.
(viii) An order directing that either or both parties participate
in counseling.
(G) A statement informing the victim of the right to file a civil
suit for losses suffered as a result of the abuse, including medical
expenses, loss of earnings, and other expenses for injuries sustained
and damage to property, and any other related expenses incurred by
the victim or any agency that shelters the victim.
(H) In the case of an alleged violation of subdivision (e) of
Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289, a
"Victims of Domestic Violence" card which shall include, but is not
limited to, the following information:
(i) The names and phone numbers of or local county hotlines for,
or both the phone numbers of and local county hotlines for, local
shelters for battered women and rape victim counseling centers within
the county, including those centers specified in Section 13837, and
their 24-hour counseling service telephone numbers.
(ii) A simple statement on the proper procedures for a victim to
follow after a ***ual assault.
(iii) A statement that ***ual assault by a person who is known to
the victim, including ***ual assault by a person who is the spouse of
the victim, is a crime.
(iv) A statement that domestic violence or assault by a person who
is known to the victim, including domestic violence or assault by a
person who is the spouse of the victim, is a crime.
(10) Writing of reports.
(d) In the development of these policies and standards, each local
department is encouraged to consult with domestic violence experts,
such as the staff of the local shelter for battered women and their
children. Departments may utilize the response guidelines developed
by the commission in developing local policies.



13702. Every law enforcement agency in this state shall develop,
adopt, and implement written policies and standards for dispatchers'
response to domestic violence calls by July 1, 1991. These policies
shall reflect that calls reporting threatened, imminent, or ongoing
domestic violence, and the violation of any protection order,
including orders issued pursuant to Section 136.2, and restraining
orders, shall be ranked among the highest priority calls.
Dispatchers are not required to verify the validity of the protective
order before responding to the request for assistance.
NERAL PROVISIONS
RESTRAINING ORDERS


13710. (a) (1) Law enforcement agencies shall maintain a complete
and systematic record of all protection orders with respect to
domestic violence incidents, including orders which have not yet been
served, issued pursuant to Section 136.2, restraining orders, and
proofs of service in effect. This shall be used to inform law
enforcement officers responding to domestic violence calls of the
existence, terms, and effective dates of protection orders in effect.

(2) The police department of a community college or school
district described in subdivision (a) or (b) of Section 830.32 shall
notify the sheriff or police chief of the city in whose jurisdiction
the department is located of any protection order served by the
department pursuant to this section.
(b) The terms and conditions of the protection order remain
enforceable, notwithstanding the acts of the parties, and may be
changed only by order of the court.
(c) Upon request, law enforcement agencies shall serve the party
to be restrained at the scene of a domestic violence incident or at
any time the party is in custody.


13711. Whenever a protection order with respect to domestic
violence incidents, including orders issued pursuant to Section 136.2
and restraining orders, is applied for or issued, it shall be the
responsibility of the clerk of the superior court to distribute a
pamphlet to the person who is to be protected by the order that
includes the following:
(a) Information as specified in subdivision (i) of Section 13701.

(b) Notice that it is the responsibility of the victim to request
notification of an inmate's release.
(c) Notice that the terms and conditions of the protection order
remain enforceable, notwithstanding any acts of the parties, and may
be changed only by order of the court.
(d) Notice that the protection order is enforceable in any state,
in a commonwealth, territory, or insular possession subject to the
jurisdiction of the United States, or on a reservation, and general
information about agencies in other jurisdictions that may be
contacted regarding enforcement of a protective order issued by a
court of this state.
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DATA COLLECTION


13730. (a) Each law enforcement agency shall develop a system, by
January 1, 1986, for recording all domestic violence-related calls
for assistance made to the department including whether weapons are
involved. All domestic violence-related calls for assistance shall
be supported with a written incident report, as described in
subdivision (c), identifying the domestic violence incident.
Monthly, the total number of domestic violence calls received and the
numbers of those cases involving weapons shall be compiled by each
law enforcement agency and submitted to the Attorney General.
(b) The Attorney General shall report annually to the Governor,
the Legislature, and the public the total number of domestic
violence-related calls received by California law enforcement
agencies, the number of cases involving weapons, and a breakdown of
calls received by agency, city, and county.
(c) Each law enforcement agency shall develop an incident report
form that includes a domestic violence identification code by January
1, 1986. In all incidents of domestic violence, a report shall be
written and shall be identified on the face of the report as a
domestic violence incident. The report shall include at least all of
the following:
(1) A notation of whether the officer or officers who responded to
the domestic violence call observed any signs that the alleged
abuser was under the influence of alcohol or a controlled substance.

(2) A notation of whether the officer or officers who responded to
the domestic violence call determined if any law enforcement agency
had previously responded to a domestic violence call at the same
address involving the same alleged abuser or victim.
(3) A notation of whether the officer or officers who responded to
the domestic violence call found it necessary, for the protection of
the peace officer or other persons present, to inquire of the
victim, the alleged abuser, or both, whether a firearm or other
deadly weapon was present at the location, and, if there is an
inquiry, whether that inquiry disclosed the presence of a firearm or
other deadly weapon. Any firearm or other deadly weapon discovered
by an officer at the scene of a domestic violence incident shall be
subject to confiscation pursuant to Section 12028.5.



13731. (a) The San Diego Association of Governments may serve as
the regional clearinghouse for criminal justice data involving
domestic violence. The association may obtain monthly crime
statistics from all law enforcement agencies in San Diego County.
These law enforcement agencies may include their domestic violence
supplements in the monthly crime reports that are supplied to the
association. The association may obtain client-based data regarding
clients or victims of domestic violence who seek protection in San
Diego County shelters.
(b) Contingent upon the appropriation of funds therefor, the
association shall do all of the following:
(1) Create a standardized, uniform intake form, to be referred to
as a Compilation of Research and Evaluation Intake Instrument, also
known as C.O.R.E., for use in San Diego County's domestic violence
shelters. This form shall be completed and ready to use in the field
for data collection purposes not later than March 31, 1997. The
C.O.R.E. intake form shall be standardized to compile the same
information from all clients for all shelters.
(2) Collect and analyze the standardized, uniform intake form in
order to compile information including, but not limited to, victim
sociodemographic characteristics, descriptions of domestic violence
incidents pertaining to each victim and services needed by domestic
violence shelter clients within San Diego County.
(3) Use the collected client-based data to describe the nature and
scope of violence from the perspective of domestic violence shelter
clients and to determine the service needs of clients and what gaps
in service delivery exist, so that resources can be appropriately
targeted and allocated. All data supplied to the association shall
be stripped of any information regarding the personal identity of an
individual to protect the privacy of domestic violence shelter
clients.
(4) Establish an advisory committee in order to facilitate the
research effort and to assess the value of the research project. The
advisory committee shall consist of representation from the
shelters, as well as members of the San Diego County Domestic
Violence Council, local justice administrators, and the principal
investigator. The advisory committee shall meet at least four times
before April 30, 1999, to review the progress of the research,
including research methodology, data collection instruments,
preliminary analyses, and work product as they are drafted. Advisory
committee members shall evaluate the final research product in terms
of applicability and utility of findings and recommendations.



13732. (a) The Legislature finds and declares that a substantial
body of research demonstrates a strong connection between domestic
violence and child abuse. However, despite this connection, child
abuse and domestic violence services and agencies often fail to
coordinate appropriately at the local level. It is the intent of the
Legislature in enacting this section to improve preventative and
supportive services to families experiencing violence in order to
prevent further abuse of children and the victims of domestic
violence. It is the further intent of this section that child
protective services agencies develop a protocol which clearly sets
forth the criteria for a child protective services response to a
domestic violence related incident in a home in which a child
resides.
(b) Commencing January 1, 2003, child protective services
agencies, law enforcement, prosecution, child abuse and domestic
violence experts, and community-based organizations serving abused
children and victims of domestic violence shall develop, in
collaboration with one another, protocols as to how law enforcement
and child welfare agencies will cooperate in their response to
incidents of domestic violence in homes in which a child resides.
The requirements of this section shall not apply to counties where
protocols consistent with this section already have been developed.
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REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT

13775. This title shall be known and may be cited as the
Reproductive Rights Law Enforcement Act.



13776. The following definitions apply for the purposes of this
title:
(a) "Anti-reproductive-rights crime" means a crime committed
partly or wholly because the victim is a reproductive health services
client, provider, or assistant, or a crime that is partly or wholly
intended to intimidate the victim, any other person or entity, or any
class of persons or entities from becoming or remaining a
reproductive health services client, provider, or assistant.
"Anti-reproductive-rights crime" includes, but is not limited to, a
violation of subdivision (a) or (c) of Section 423.2.
(b) "Subject matter experts" includes, but is not limited to, the
Commission on the Status of Women, law enforcement agencies
experienced with anti-reproductive-rights crimes, including the
Attorney General and the Department of Justice, and organizations
such as the American Civil Liberties Union, the American College of
Obstetricians and Gynecologists, the California Council of Churches,
the California Medical Association, the Feminist Majority Foundation,
NARAL Pro-Choice California, the National Abortion Federation, the
California National Organization for Women, the Planned Parenthood
Federation of America, Planned Parenthood Affiliates of California,
and the Women's Health Specialists clinic that represent reproductive
health services clients, providers, and assistants.
(c) "Crime of violence," "nonviolent," "reproductive health
services;" "reproductive health services client, provider, or
assistant;" and "reproductive health services facility" each has the
same meaning as set forth in Section 423.1.



13777. (a) Except as provided in subdivision (d), the Attorney
General shall do each of the following:
(1) Collect and analyze information relating to
anti-reproductive-rights crimes, including, but not limited to, the
threatened commission of these crimes and persons suspected of
committing these crimes or making these threats. The analysis shall
distinguish between crimes of violence, including, but not limited
to, violations of subdivisions (a) and (e) of Section 423.2, and
nonviolent crimes, including, but not limited to, violations of
subdivision (c) of Section 423.2. The Attorney General shall make
this information available to federal, state, and local law
enforcement agencies and prosecutors in California.
(2) Direct local law enforcement agencies to report to the
Department of Justice, in a manner that the Attorney General
prescribes, any information that may be required relative to
anti-reproductive-rights crimes. The report of each crime that
violates Section 423.2 shall note the subdivision that prohibits the
crime. The report of each crime that violates any other law shall
note the code, section, and subdivision that prohibits the crime. The
report of any crime that violates both Section 423.2 and any other
law shall note both the subdivision of Section 423.2 and the other
code, section, and subdivision that prohibits the crime.
(3) On or before July 1, 2003, and every July 1 thereafter, submit
a report to the Legislature analyzing the information it obtains
pursuant to this section.
(4) (A) Develop a plan to prevent, apprehend, prosecute, and
report anti-reproductive-rights crimes, and to carry out the
legislative intent expressed in subdivisions (c), (d), (e), and (f)
of Section 1 of the act that enacts this title in the 2001-02 Regular
Session of the Legislature.
(B) Make a report on the plan to the Legislature by December 1,
2002. The report shall include recommendations for any legislation
necessary to carry out the plan.
(b) In carrying out his or her responsibilities under this
section, the Attorney General shall consult the Governor, the
Commission on Peace Officer Standards and Training, and other subject
matter experts.
(c) To avoid production and distribution costs, the Attorney
General may submit the reports that this section requires
electronically or as part of any other reports that he or she submits
to the Legislature, and shall post the reports that this section
requires on the Department of Justice Web site.
(d) The Attorney General shall implement this section to the
extent the Legislature appropriates funds in the Budget Act or
another statute for this purpose.



13777.2. (a) The Commission on the Status of Women shall convene an
advisory committee consisting of one person appointed by the
Attorney General and one person appointed by each of the
organizations named in subdivision (b) of Section 13776 that chooses
to appoint a member, and any other subject matter experts the
commission may appoint. The advisory committee shall elect its chair
and any other officers of its choice.
(b) The advisory committee shall make a report by December 31,
2007, to the Committees on Health, Judiciary, and Public Safety of
the Senate and Assembly, to the Attorney General, the Commission on
Peace Officer Standards and Training, and the Commission on the
Status of Women. The report shall evaluate the implementation of
Chapter 899, Statutes of 2001 and the effectiveness of the plan
developed by the Attorney General pursuant to subparagraph (A) of
paragraph (4) of Section 13777. The report shall also include
recommendations concerning whether the Legislature should extend or
repeal the sunset dates in Section 13779, recommendations regarding
any other legislation, and recommendations for any other actions by
the Attorney General, Commission on Peace Officer Standards and
Training, or the Commission on the Status of Women.
(c) The Commission on the Status of Women shall transmit the
report of the advisory committee to the appropriate committees of the
Legislature, including, but not limited to, the Committees on
Health, Judiciary, and Public Safety in the Senate and Assembly, and
make the report available to the public, including by posting it on
the Commission on the Status of Women's Web site. To avoid production
and distribution costs, the Commission on the Status of Women may
submit the report electronically or as part of any other report that
the Commission on the Status of Women submits to the Legislature.
(d) The Commission on Peace Officer Standards and Training shall
make the telecourse that it produced in 2002 pursuant to subdivision
(a) of Section 13778 available to the advisory committee. However,
before providing the telecourse to the advisory committee or
otherwise making it public, the commission shall remove the name and
face of any person who appears in the telecourse as originally
produced who informs the commission in writing that he or she has a
reasonable apprehension that making the telecourse public without the
removal will endanger his or her life or physical safety.
(e) Nothing in this section requires any state agency to pay for
compensation, travel, or other expenses of any advisory committee
member.


13778. (a) The Commission on Peace Officer Standards and Training,
utilizing available resources, shall develop a two-hour telecourse on
anti-reproductive-rights crimes and make the telecourse available to
all California law enforcement agencies as soon as practicable after
chaptering of the act that enacts this title in the 2001-2002
session of the Legislature.
(b) Persons and organizations, including, but not limited to,
subject-matter experts, may make application to the commission, as
outlined in Article 3 (commencing with Section 1051) of Division 2 of
Title 11 of the California Code of Regulations, for certification of
a course designed to train law enforcement officers to carry out the
legislative intent expressed in paragraph (1) of subdivision (d) of
Section 1 of the act that enacts this title in the 2001-02 Regular
Session.
(c) In developing the telecourse required by subdivision (a), and
in considering any applications pursuant to subdivision (b), the
commission, utilizing available resources, shall consult the Attorney
General and other subject matter experts, except where a subject
matter expert has submitted, or has an interest in, an application
pursuant to subdivision (b).



13779. This title shall remain in effect until January 1, 2009, and
as of that date is repealed unless a later enacted statute deletes
or extends that date.
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CALIFORNIA COUNCIL ON CRIMINAL JUSTICE
GENERAL PROVISIONS AND DEFINITIONS

13800. As used in this title:
(a) "Council" means the California Council on Criminal Justice.
(b) "Office" means the agency or agencies designated by the
Director of Finance pursuant to Section 13820.
(c) "Local boards" means local criminal justice planning boards.
(d) "Federal acts" means the Federal Omnibus Crime Control and
Safe Streets Act of 1968, the Federal Juvenile Delinquency Prevention
and Control Act of 1968, and any act or acts amendatory or
supplemental thereto.



13801. Nothing in this title shall be construed as authorizing the
council, the office, or the local boards to undertake direct
operational criminal justice responsibilities.

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CALIFORNIA COUNCIL ON CRIMINAL JUSTICE


13810. (a) There is hereby created in the state government the
California Council on Criminal Justice, which shall be composed of
the following members: the Attorney General; the Administrative
Director of the Courts; 19 members appointed by the Governor,
including the Commissioner of the Department of the Highway Patrol,
the Secretary of the Department of Corrections and Rehabilitation, or
his or her designee, a subordinate officer of the Secretary of
Corrections and Rehabilitation, and the State Public Defender; eight
members appointed by the Senate Committee on Rules; and eight members
appointed by the Speaker of the Assembly.
(b) (1) The remaining appointees of the Governor shall include
different persons from each of the following categories: a district
attorney, a sheriff, a county public defender, a county probation
officer, a member of a city council, a member of a county board of
supervisors, a faculty member of a college or university qualified in
the field of criminology, police science, or law, a person qualified
in the field of criminal justice research and six private citizens,
including a representative of a citizens, professional, or community
organization.
(2) The Senate Committee on Rules shall include among its
appointments different persons from each of the following categories:
a member of the Senate Committee on Public Safety, a representative
of the counties, a representative of the cities, a judge designated
by the Judicial Council, and four private citizens, including a
representative of a citizens, professional, or community
organization.
(3) The Speaker of the Assembly shall include among his or her
appointments different persons from each of the following categories:
a representative of the counties, a representative of the cities, a
member of the Assembly Committee on Public Safety, a chief of police,
a peace officer, and three private citizens, including a
representative of a citizens, professional, or community organization
directly related to delinquency prevention.
(c) The Governor shall select a chairperson from among the members
of the council.


13811. The council shall meet no more than 12 times per year.
The council may create subcommittees of its own membership and
each subcommittee shall meet as often as the subcommittee members
find necessary. It is the intent of the Legislature that all council
members shall actively participate in all council deliberations
required by this chapter. Any member who misses three consecutive
meetings or who attends less than 50 percent of the council's
regularly called meetings in any calendar year for any cause except
severe temporary illness or injury shall be automatically removed
from the council.


13812. Members of the council shall receive no compensation for
their services but shall be reimbursed for their expenses actually
and necessarily incurred by them in the performance of their duties
under this title. No compensation or expenses shall be received by
the members of any continuing task forces, review committees or other
auxiliary bodies created by the council who are not council members,
except that persons requested to appear before the council with
regard to specific topics on one or more occasions shall be
reimbursed for the travel expenses necessarily incurred in fulfilling
those requests.
The Advisory Committee on Juvenile Justice and Delinquency
Prevention appointed by the Governor pursuant to federal law may be
reimbursed by the agency or agencies designated by the Director of
Finance pursuant to Section 13820 for expenses necessarily incurred
by the members. Staff support for the committee will be provided by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820.



13813. The council shall act as the supervisory board of the state
planning agency pursuant to federal acts. It shall annually review
and approve, or review, revise and approve, the comprehensive state
plan for the improvement of criminal justice and delinquency
prevention activities throughout the state, shall establish
priorities for the use of such funds as are available pursuant to
federal acts, and shall approve the expenditure of all funds pursuant
to such plans or federal acts; provided that the approval of such
expenditures may be granted to single projects or to groups of
projects.
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OFFICE OF CRIMINAL JUSTICE PLANNING
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13820. (a) The Office of Criminal Justice Planning is hereby
abolished. The Director of Finance shall designate an agency or
agencies to carry out the functions of the Office of Criminal Justice
Planning in accordance with a plan submitted pursuant to Section 25
of the Budget Act of 2003, and pursuant to subdivision (c). The
duties and obligations of that office, and all powers and authority
exercised by that office, shall be transferred to and assumed by the
agency or agencies so designated.
(b) Except for this section, the phrase "Office of Criminal
Justice Planning" or any reference to that phrase in this code shall
be construed to mean or refer to the agency or agencies designated
pursuant to this section. Any reference to the executive director of
the Office of Criminal Justice Planning in this code shall be
construed to mean the appropriate person in the agency or agencies
designated pursuant to this section.
(c) Until an agency is designated under subdivision (a), juvenile
justice programs administered by the Office of Criminal Justice
Planning shall be transferred to the Board of Corrections or other
appropriate entity as determined by the Director of Finance, law
enforcement programs shall be transferred to the Office of Emergency
Services or other appropriate entity as determined by the Director of
Finance, and victims' services shall be transferred to the Victim's
Compensation and Government Claims Board or other appropriate entity
as determined by the Director of Finance.




13823. (a) In cooperation with local boards, the agency or agencies
designated by the Director of Finance pursuant to Section 13820
shall:
(1) Develop with the advice and approval of the council, the
comprehensive statewide plan for the improvement of criminal justice
and delinquency prevention activity throughout the state.
(2) Define, develop and correlate programs and projects for the
state criminal justice agencies.
(3) Receive and disburse federal funds, perform all necessary and
appropriate staff services required by the council, and otherwise
assist the council in the performance of its duties as established by
federal acts.
(4) Develop comprehensive, unified and orderly procedures to
insure that all local plans and all state and local projects are in
accord with the comprehensive state plan, and that all applications
for grants are processed efficiently.
(5) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations or institutions in matters relating to criminal justice
and delinquency prevention.
(6) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 may:
(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
(2) Perform other functions and duties as required by federal
acts, rules, regulations or guidelines in acting as the
administrative office of the state planning agency for distribution
of federal grants.


13823.2. (a) The Legislature hereby finds and declares all of the
following:
(1) That violent and serious crimes are being committed against
the elderly on an alarmingly regular basis.
(2) That in 1985, the United States Department of Justice reported
that approximately 1 in every 10 elderly households in the nation
would be touched by crime.
(3) That the California Department of Justice, based upon limited
data received from local law enforcement agencies, reported that
approximately 10,000 violent crimes were committed against elderly
victims in 1985.
(4) That while the elderly may not be the most frequent targets of
crime, when they are victimized the impact of each vicious attack
has long-lasting effects. Injuries involving, for example, a broken
hip may never heal properly and often leave the victim physically
impaired. The loss of money used for food and other daily living
expenses for these costs may be life-threatening for the older
citizen on a fixed income. In addition, stolen or damaged property
often cannot be replaced.
(5) Although the State of California currently funds programs to
provide assistance to victims of crime and to provide general crime
prevention information, there are limited specialized efforts to
respond directly to the needs of elderly victims or to provide
prevention services tailored for the senior population.
(b) It is the intent of the Legislature that victim services,
crime prevention, and criminal justice training programs funded by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 shall include, consistent with available resources,
specialized components that respond to the diverse needs of elderly
citizens residing in the state.



13823.3. The office may expend funds for local domestic violence
programs, subject to the availability of funds therefor.



13823.4. (a) The Legislature finds the problem of family violence
to be of serious and increasing magnitude. The Legislature also
finds that acts of family violence often result in other crimes and
social problems.
(b) There is in the agency or agencies designated by the Director
of Finance pursuant to Section 13820, a Family Violence Prevention
Program. This program shall provide financial and technical
assistance to local domestic and family violence centers in
implementing family violence prevention programs.
The goals and functions of the program shall include all of the
following:
(1) Promotion of community involvement through public education
geared specifically toward reaching and educating the friends and
neighbors of members of violent families.
(2) Development and dissemination of model protocols for the
training of criminal justice system personnel in domestic violence
intervention and prevention.
(3) Increasing citizen involvement in family violence prevention.

(4) Identification and testing of family violence prevention
models.
(5) Replication of successful models, as appropriate, through the
state.
(6) Identification and testing of domestic violence model
protocols and intervention systems in major service delivery
institutions.
(7) Development of informational materials and seminars to enable
emulation or adaptation of the models by other communities.
(8) Provision of domestic violence prevention education and skills
to students in schools.
(c) The executive director shall allocate funds to local centers
meeting the criteria for funding that shall be established by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 in consultation with practitioners and experts in the
field of family violence prevention. All centers receiving funds
pursuant to this section shall have had an ongoing recognized
program, supported by either public or private funds, dealing with an
aspect of family violence, for at least two years prior to the date
specified for submission of applications for funding pursuant to this
section. All centers funded pursuant to this section shall utilize
volunteers to the greatest extent possible.
The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment any
state funds received pursuant to this section. Sixty percent of the
state funds received pursuant to this section shall be used to
develop and implement model program protocols and materials. Forty
percent of the state funds received pursuant to this section shall be
allocated to programs to disseminate model program protocols and
materials. Dissemination shall include training for domestic
violence agencies in California. Each of the programs funded under
this section shall focus on no more than two targeted areas. These
targeted model areas shall be determined by the agency or agencies
designated by the Director of Finance pursuant to Section 13820 in
consultation with practitioners and experts in the field of domestic
violence, using the domestic violence model priorities survey of the
California Alliance Against Domestic Violence.
Centers receiving funding shall provide matching funds of at least
10 percent of the funds received pursuant to this section.
(d) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall develop and disseminate throughout
the state information and materials concerning family violence
prevention, including, but not limited to, a procedures manual on
prevention models. The agency or agencies designated by the Director
of Finance pursuant to Section 13820 shall also establish a resource
center for the collection, retention, and distribution of
educational materials related to family violence and its prevention.



13823.5. (a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820, with the assistance of the
advisory committee established pursuant to Section 13836, shall
establish a protocol for the examination and treatment of victims of
***ual assault and attempted ***ual assault, including child
molestation, and the collection and preservation of evidence
therefrom. The protocol shall contain recommended methods for
meeting the standards specified in Section 13823.11.
(b) In addition to the protocol, the agency or agencies designated
by the Director of Finance pursuant to Section 13820 shall develop
informational guidelines, containing general reference information on
evidence collection, examination of victims and psychological and
medical treatment for victims of ***ual assault and attempted ***ual
assault, including child molestation.
In developing the protocol and the informational guidelines, the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 and the advisory committee shall seek the assistance
and guidance of organizations assisting victims of ***ual assault;
qualified health care professionals, criminalists, and administrators
who are familiar with emergency room procedures; victims of ***ual
assault; and law enforcement officials.
(c) The agency or agencies designated by the Director of Finance
pursuant to Section 13820, in cooperation with the State Department
of Health Services and the Department of Justice, shall adopt a
standard and a complete form or forms for the recording of medical
and physical evidence data disclosed by a victim of ***ual assault or
attempted ***ual assault, including child molestation.
Each qualified health care professional who conducts an
examination for evidence of a ***ual assault or an attempted ***ual
assault, including child molestation, shall use the standard form
adopted pursuant to this section, and shall make those observations
and perform those tests as may be required for recording of the data
required by the form. The forms shall be subject to the same
principles of confidentiality applicable to other medical records.
The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall make copies of the standard form or
forms available to every public or private general acute care
hospital, as requested.
The standard form shall be used to satisfy the reporting
requirements specified in Sections 11160 and 11161 in cases of ***ual
assault, and may be used in lieu of the form specified in Section
11168 for reports of child abuse.
(d) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall distribute copies of the protocol and
the informational guidelines to every general acute care hospital,
law enforcement agency, and prosecutor's office in the state.
(e) As used in this chapter, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code and working in consultation with a physician and
surgeon who conducts examinations or provides treatment as described
in Section 13823.9 in a general acute care hospital or in a physician
and surgeon's office.



13823.6. The office may secure grants, donations, or other funding
for the purpose of funding any statewide task force on ***ual assault
of children that may be established and administered by the
Department of Justice.


13823.7. The protocol adopted pursuant to Section 13823.5 for the
examination and treatment of victims of ***ual assault or attempted
***ual assault, including child molestation, and the collection and
preservation of evidence therefrom shall include provisions for all
of the following:
(a) Notification of injuries and a report of suspected child
***ual abuse to law enforcement authorities.
(b) Obtaining consent for the examination, for the treatment of
injuries, for the collection of evidence, and for the photographing
of injuries.
(c) Taking a patient history of ***ual assault and other relevant
medical history.
(d) Performance of the physical examination for evidence of ***ual
assault.
(e) Collection of physical evidence of assault.
(f) Collection of other medical specimens.
(g) Procedures for the preservation and disposition of physical
evidence.



13823.9. (a) Every public or private general acute care hospital
that examines a victim of ***ual assault or attempted ***ual assault,
including child molestation, shall comply with the standards
specified in Section 13823.11 and the protocol and guidelines adopted
pursuant to Section 13823.5.
(b) Each county with a population of more than 100,000 shall
arrange that professional personnel trained in the examination of
victims of ***ual assault, including child molestation, shall be
present or on call either in the county hospital which provides
emergency medical services or in any general acute care hospital
which has contracted with the county to provide emergency medical
services. In counties with a population of 1,000,000 or more, the
presence of these professional personnel shall be arranged in at
least one general acute care hospital for each 1,000,000 persons in
the county.
(c) Each county shall designate at least one general acute care
hospital to perform examinations on victims of ***ual assault,
including child molestation.
(d) (1) The protocol published by the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
be used as a guide for the procedures to be used by every public or
private general acute care hospital in the state for the examination
and treatment of victims of ***ual assault and attempted ***ual
assault, including child molestation, and the collection and
preservation of evidence therefrom.
(2) The informational guide developed by the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
be consulted where indicated in the protocol, as well as to gain
knowledge about all aspects of examination and treatment of victims
of ***ual assault and child molestation.



13823.93. (a) For purposes of this section, the following
definitions apply:
(1) "Medical personnel" includes physicians, nurse practitioners,
physician assistants, nurses, and other health care providers, as
appropriate.
(2) To "perform a medical evidentiary examination" means to
evaluate, collect, preserve, and document evidence, interpret
findings, and document examination results.
(b) To ensure the delivery of standardized curriculum, essential
for consistent examination procedures throughout the state, one
hospital-based training center shall be established through a
competitive bidding process, to train medical personnel on how to
perform medical evidentiary examinations for victims of child abuse
or neglect, ***ual assault, domestic violence, elder abuse, and abuse
or assault perpetrated against persons with disabilities. The center
also shall provide training for investigative and court personnel
involved in dependency and criminal proceedings, on how to interpret
the findings of medical evidentiary examinations.
The training provided by the training center shall be made
available to medical personnel, law enforcement, and the courts
throughout the state.
(c) The training center shall meet all of the following criteria:

(1) Recognized expertise and experience in providing medical
evidentiary examinations for victims of child abuse or neglect,
***ual assault, domestic violence, elder abuse, and abuse or assault
perpetrated against persons with disabilities.
(2) Recognized expertise and experience implementing the protocol
established pursuant to Section 13823.5.
(3) History of providing training, including, but not limited to,
the clinical supervision of trainees and the evaluation of clinical
competency.
(4) Recognized expertise and experience in the use of advanced
medical technology and training in the evaluation of victims of child
abuse or neglect, ***ual assault, domestic violence, elder abuse,
and abuse or assault perpetrated against persons with disabilities.
(5) Significant history in working with professionals in the field
of criminalistics.
(6) Established relationships with local crime laboratories,
clinical laboratories, law enforcement agencies, district attorneys'
offices, child protective services, victim advocacy programs, and
federal investigative agencies.
(7) The capacity for developing a telecommunication network
between primary, secondary, and tertiary medical providers.
(8) History of leadership in working collaboratively with medical
forensic experts, criminal justice experts, investigative social
worker experts, state criminal justice, social services, health and
mental health agencies, and statewide professional associations
representing the various disciplines, especially those specified in
paragraph (6) of subdivision (d).
(9) History of leadership in working collaboratively with state
and local victim advocacy organizations, especially those addressing
***ual assault and domestic violence.
(10) History and experience in the development and delivery of
standardized curriculum for forensic medical experts, criminal
justice professionals, and investigative social workers.
(11) History of research, particularly involving databases, in the
area of child physical and ***ual abuse, ***ual assault, elder
abuse, or domestic violence.
(d) The training center shall do all of the following:
(1) Develop and implement a standardized training program for
medical personnel that has been reviewed and approved by a
multidisciplinary peer review committee.
(2) Develop a telecommunication system network between the
training center and other areas of the state, including rural and
midsized counties. This service shall provide case consultation to
medical personnel, law enforcement, and the courts and provide
continuing medical education.
(3) Provide ongoing basic, advanced, and specialized training
programs.
(4) Develop guidelines for the reporting and management of child
physical abuse and neglect, domestic violence, and elder abuse.
(5) Develop guidelines for evaluating the results of training for
the medical personnel performing examinations.
(6) Provide standardized training for law enforcement officers,
district attorneys, public defenders, investigative social workers,
and judges on medical evidentiary examination procedures and the
interpretation of findings. This training shall be developed and
implemented in collaboration with the Peace Officer Standards and
Training Program, the California District Attorney's Association, the
California Peace Officers Association, the California Police Chiefs
Association, the California State Sheriffs Association, the
California Association of Crime Laboratory Directors, the California
***ual Assault Investigators Association, the California Alliance
Against Domestic Violence, the Statewide California Coalition for
Battered Women, the Family Violence Prevention Fund, child victim
advocacy organizations, the California Welfare Directors Association,
the California Coalition Against ***ual Assault, the Department of
Justice, the agency or agencies designated by the Director of Finance
pursuant to Section 13820, the Child Welfare Training Program, and
the University of California extension programs.
(7) Promote an interdisciplinary approach in the assessment and
management of child abuse and neglect, ***ual assault, elder abuse,
domestic violence, and abuse or assault against persons with
disabilities.
(8) Provide training in the dynamics of victimization, including,
but not limited to, rape trauma syndrome, intimate partner battering
and its effects, the effects of child abuse and neglect, and the
various aspects of elder abuse. This training shall be provided by
individuals who are recognized as experts within their respective
disciplines.
(e) Nothing in this section shall be construed to change the scope
of practice for any health care provider, as defined in other
provisions of law.



13823.95. No costs incurred by a qualified health care
professional, hospital, or other emergency medical facility for the
examination of the victim of a ***ual assault, as described in the
protocol developed pursuant to Section 13823.5, when the examination
is performed, pursuant to Sections 13823.5 and 13823.7, for the
purposes of gathering evidence for possible prosecution, shall be
charged directly or indirectly to the victim of the assault. Those
costs shall be treated as local costs and charged to the local
governmental agency in whose jurisdiction the alleged offense was
committed.
Bills for these costs shall be submitted to the law enforcement
agency in the jurisdiction in which the alleged offense was committed
which requests the examination.
The law enforcement agency in the jurisdiction in which the
alleged offense was committed which requests the examination has the
option of determining whether or not the examination will be
performed in the office of a physician and surgeon.



13823.11. The minimum standards for the examination and treatment
of victims of ***ual assault or attempted ***ual assault, including
child molestation and the collection and preservation of evidence
therefrom include all of the following:
(a) Law enforcement authorities shall be notified.
(b) In conducting the physical examination, the outline indicated
in the form adopted pursuant to subdivision (c) of Section 13823.5
shall be followed.
(c) Consent for a physical examination, treatment, and collection
of evidence shall be obtained.
(1) Consent to an examination for evidence of ***ual assault shall
be obtained prior to the examination of a victim of ***ual assault
and shall include separate written documentation of consent to each
of the following:
(A) Examination for the presence of injuries sustained as a result
of the assault.
(B) Examination for evidence of ***ual assault and collection of
physical evidence.
(C) Photographs of injuries.
(2) Consent to treatment shall be obtained in accordance with
usual hospital policy.
(3) A victim of ***ual assault shall be informed that he or she
may refuse to consent to an examination for evidence of ***ual
assault, including the collection of physical evidence, but that a
refusal is not a ground for denial of treatment of injuries and for
possible pregnancy and ***ually transmitted diseases, if the person
wishes to obtain treatment and consents thereto.
(4) Pursuant to Chapter 3 (commencing with Section 6920) of Part 4
of Division 11 of the Family Code, a minor may consent to hospital,
medical, and surgical care related to a ***ual assault without the
consent of a parent or guardian.
(5) In cases of known or suspected child abuse, the consent of the
parents or legal guardian is not required. In the case of suspected
child abuse and nonconsenting parents, the consent of the local
agency providing child protective services or the local law
enforcement agency shall be obtained. Local procedures regarding
obtaining consent for the examination and treatment of, and the
collection of evidence from, children from child protective
authorities shall be followed.
(d) A history of ***ual assault shall be taken.
The history obtained in conjunction with the examination for
evidence of ***ual assault shall follow the outline of the form
established pursuant to subdivision (c) of Section 13823.5 and shall
include all of the following:
(1) A history of the circumstances of the assault.
(2) For a child, any previous history of child ***ual abuse and an
explanation of injuries, if different from that given by parent or
person accompanying the child.
(3) Physical injuries reported.
(4) ***ual acts reported, whether or not ejaculation is suspected,
and whether or not a condom or lubricant was used.
(5) Record of relevant medical history.
(e) (1) If indicated by the history of contact, a female victim of
***ual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.
(2) Postcoital contraception shall be dispensed by a physician or
other health care provider upon the request of the victim.
(f) Each adult and minor victim of ***ual assault who consents to
a medical examination for collection of evidentiary material shall
have a physical examination which includes, but is not limited to,
all of the following:
(1) Inspection of the clothing, body, and external genitalia for
injuries and foreign materials.
(2) Examination of the mouth, vagina, cervix, penis, anus, and
rectum, as indicated.
(3) Documentation of injuries and evidence collected.
Prepubertal children shall not have internal vaginal or anal
examinations unless absolutely necessary. This does not preclude
careful collection of evidence using a swab.
(g) The collection of physical evidence shall conform to the
following procedures:
(1) Each victim of ***ual assault who consents to an examination
for collection of evidence shall have the following items of evidence
collected, except where he or she specifically objects:
(A) Clothing worn during the assault.
(B) Foreign materials revealed by an examination of the clothing,
body, external genitalia, and pubic hair combings.
(C) Swabs and slides from the mouth, vagina, rectum, and penis, as
indicated, to determine the presence or absence of sperm and sperm
motility, and for genetic marker typing.
(D) If indicated by the history of contact, the victim's urine and
blood sample, for toxicology purposes, to determine if drugs or
alcohol were used in connection with the assault. Toxicology results
obtained pursuant to this paragraph shall not be admissible in any
criminal or civil action or proceeding against any victim who
consents to the collection of physical evidence pursuant to this
paragraph. Except for purposes of prosecuting or defending the crime
or crimes necessitating the examination specified by this section,
any toxicology results obtained pursuant to this paragraph shall be
kept confidential, may not be further disclosed, and shall not be
required to be disclosed by the victim for any purpose not specified
in this paragraph. The victim shall specifically be informed of the
immunity and confidentiality safeguards provided herein.
(2) Each victim of ***ual assault who consents to an examination
for the collection of evidence shall have reference specimens taken,
except when he or she specifically objects thereto. A reference
specimen is a standard from which to obtain baseline information (for
example: pubic and head hair, blood, and saliva for genetic marker
typing). These specimens shall be taken in accordance with the
standards of the local criminalistics laboratory.
(3) A baseline gonorrhea culture, and syphilis serology, shall be
taken, if indicated by the history of contact. Specimens for a
pregnancy test shall be taken, if indicated by the history of
contact.
(4) (A) If indicated by the history of contact, a female victim of
***ual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.
(B) Postcoital contraception shall be dispensed by a physician or
other health care provider upon the request of the victim.
(h) Preservation and disposition of physical evidence shall
conform to the following procedures:
(1) All swabs and slides shall be air-dried prior to packaging.
(2) All items of evidence including laboratory specimens shall be
clearly labeled as to the identity of the source and the identity of
the person collecting them.
(3) The evidence shall have a form attached which documents its
chain of custody and shall be properly sealed.
(4) The evidence shall be turned over to the proper law
enforcement agency.



13823.12. Failure to comply fully with Section 13823.11 or with the
protocol or guidelines, or to utilize the form established by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820, shall not constitute grounds to exclude evidence, nor
shall the court instruct or comment to the trier of fact in any case
that less weight may be given to the evidence based on the failure to
comply.



13823.13. (a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820 shall develop a course of training
for qualified health care professionals relating to the examination
and treatment of victims of ***ual assault. In developing the
curriculum for the course, the agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall consult with
health care professionals and appropriate law enforcement agencies.
The agency or agencies designated by the Director of Finance pursuant
to Section 13820 shall also obtain recommendations from the same
health care professionals and appropriate law enforcement agencies on
the best means to disseminate the course of training on a statewide
basis.
(b) The training course developed pursuant to subdivision (a)
shall be designed to train qualified health care professionals to do
all of the following:
(1) Perform a health assessment of victims of ***ual assault in
accordance with any applicable minimum standards set forth in Section
13823.11.
(2) Collect and document physical and laboratory evidence in
accordance with any applicable minimum standards set forth in Section
13823.11.
(3) Provide information and referrals to victims of ***ual assault
to enhance the continuity of care of victims.
(4) Present testimony in court.
(c) As used in this section, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code who works in consultation with a physician and
surgeon or who conducts examinations described in Section 13823.9 in
a general acute care hospital or in the office of a physician and
surgeon.
(d) As used in this section, "appropriate law enforcement agencies"
may include, but shall not be limited to, the Attorney General of
the State of California, any district attorney, and any agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators.



13823.15. (a) The Legislature finds the problem of domestic
violence to be of serious and increasing magnitude. The Legislature
also finds that existing domestic violence services are underfunded
and that some areas of the state are unserved or underserved.
Therefore, it is the intent of the Legislature that a goal or purpose
of the Office of Emergency Services (OES) shall be to ensure that
all victims of domestic violence served by the OES Comprehensive
Statewide Domestic Violence Program receive comprehensive, quality
services.
(b) There is in the OES a Comprehensive Statewide Domestic
Violence Program. The goals of the program shall be to provide local
assistance to existing service providers, to maintain and expand
services based on a demonstrated need, and to establish a targeted or
directed program for the development and establishment of domestic
violence services in currently unserved and underserved areas. The
OES shall provide financial and technical assistance to local
domestic violence centers in implementing all of the following
services:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Business centers.
(4) Emergency "safe" homes or shelters for victims and families.
(5) Emergency food and clothing.
(6) Emergency response to calls from law enforcement.
(7) Hospital emergency room protocol and assistance.
(8) Emergency transportation.
(9) Supportive peer counseling.
(10) Counseling for children.
(11) Court and social service advocacy.
(12) Legal assistance with temporary restraining orders, devices,
and custody disputes.
(13) Community resource and referral.
(14) Household establishment assistance.
Priority for financial and technical assistance shall be given to
emergency shelter programs and "safe" homes for victims of domestic
violence and their children.
(c) Except as provided in subdivision (f), the OES and the
advisory committee established pursuant to Section 13823.16 shall
collaboratively administer the Comprehensive Statewide Domestic
Violence Program, and shall allocate funds to local centers meeting
the criteria for funding. All organizations funded pursuant to this
section shall utilize volunteers to the greatest extent possible.
The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment any
state funds received pursuant to this section.
Centers receiving funding shall provide cash or an in-kind match
of at least 10 percent of the funds received pursuant to this
section.
(d) The OES shall conduct statewide training workshops on domestic
violence for local centers, law enforcement, and other service
providers designed to enhance service programs. The workshops shall
be planned in conjunction with practitioners and experts in the field
of domestic violence prevention. The workshops shall include a
curriculum component on lesbian, gay, bi***ual, and transgender
specific domestic abuse.
(e) The OES shall develop and disseminate throughout the state
information and materials concerning domestic violence. The OES shall
also establish a resource center for the collection, retention, and
distribution of educational materials related to domestic violence.
The OES may utilize and contract with existing domestic violence
technical assistance centers in this state in complying with the
requirements of this subdivision.
(f) The funding process for distributing grant awards to domestic
violence shelter service providers (DVSSPs) shall be administered by
the OES as follows:
(1) The OES shall establish each of the following:
(A) The process and standards for determining whether to grant,
renew, or deny funding to any DVSSP applying or reapplying for
funding under the terms of the program.
(B) For DVSSPs applying for grants under the request for proposal
process described in paragraph (2), a system for grading grant
applications in relation to the standards established pursuant to
subparagraph (A), and an appeal process for applications that are
denied. A description of this grading system and appeal process
shall be provided to all DVSSPs as part of the application required
under the RFP process.
(C) For DVSSPs reapplying for funding under the request for
application process described in paragraph (4), a system for grading
the performance of DVSSPs in relation to the standards established
pursuant to subparagraph (A), and an appeal process for decisions to
deny or reduce funding. A description of this grading system and
appeal process shall be provided to all DVSSPs receiving grants under
this program.
(2) Grants for shelters that were not funded in the previous cycle
shall be awarded as a result of a competitive request for proposal
(RFP) process. The RFP process shall comply with all applicable state
and federal statutes for domestic violence shelter funding, and to
the extent possible, the response to the RFP shall not exceed 25
narrative pages, excluding attachments.
(3) Grants shall be awarded to DVSSPs that propose to maintain
shelters or services previously granted funding pursuant to this
section, to expand existing services or create new services, or to
establish new domestic violence shelters in underserved or unserved
areas. Each grant shall be awarded for a three-year term.
(4) DVSSPs reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the DVSSP in
relation to the standards established pursuant to paragraph (1). The
RFA process shall comply with all applicable state and federal
statutes for domestic violence center funding, and to the extent
possible, the response to the RFA shall not exceed 10 narrative
pages, excluding attachments.
(5) Any DVSSP funded through this program in the previous grant
cycle, including any DVSSP funded by Chapter 707 of the Statutes of
2001, shall be funded upon reapplication, unless, pursuant to the
assessment required under the RFA process, its past performance
history fails to meet the standards established by the OES pursuant
to paragraph (1).
(6) The OES shall conduct a minimum of one site visit every three
years for each DVSSP funded pursuant to this subdivision. The purpose
of the site visit shall be to conduct a performance assessment of,
and provide subsequent technical assistance for, each shelter
visited. The performance assessment shall include, but need not be
limited to, a review of all of the following:
(A) Progress in meeting program goals and objectives.
(B) Agency organization and facilities.
(C) Personnel policies, files, and training.
(D) Recordkeeping, budgeting, and expenditures.
(E) Documentation, data collection, and client confidentiality.
(7) After each site visit conducted pursuant to paragraph (6), the
OES shall provide a written report to the DVSSP summarizing the
performance of the DVSSP, any deficiencies noted, any corrective
action needed, and a deadline for corrective action to be completed.
The OES shall also develop a corrective action plan for verifying the
completion of any corrective action required. The OES shall submit
its written report to the DVSSP no more than 60 days after the site
visit. No grant under the RFA process shall be denied if the DVSSP
has not received a site visit during the previous three years, unless
the OES is aware of criminal violations relative to the
administration of grant funding.
(8) If an agency receives funding from both the Comprehensive
Statewide Domestic Violence Program in the Office of Emergency
Services and the Maternal and Child Health Branch of the State
Department of Public Health during any grant cycle, the Comprehensive
Statewide Domestic Violence Program and the Maternal and Child
Health Branch shall, to the extent feasible, coordinate agency site
visits and share performance assessment data with the goal of
improving efficiency, eliminating duplication, and reducing
administrative costs.
(9) DVSSPs receiving written reports of deficiencies or orders for
corrective action after a site visit shall be given no less than six
months' time to take corrective action before the deficiencies or
failure to correct may be considered in the next RFA process.
However, the OES shall have the discretion to reduce the time to take
corrective action in cases where the deficiencies present a
significant health or safety risk or when other severe circumstances
are found to exist. If corrective action is deemed necessary, and a
DVSSP fails to comply, or if other deficiencies exist that, in the
judgment of the OES, cannot be corrected, the OES shall determine,
using its grading system, whether continued funding for the DVSSP
should be reduced or denied altogether. If a DVSSP has been
determined to be deficient, the OES may, at any point during the
DVSSP's funding cycle following the expiration of the period for
corrective action, deny or reduce any further funding.
(10) If a DVSSP applies or reapplies for funding pursuant to this
section and that funding is denied or reduced, the decision to deny
or reduce funding shall be provided in writing to the DVSSP, along
with a written explanation of the reasons for the reduction or denial
made in accordance with the grading system for the RFP or RFA
process. Except as otherwise provided, any appeal of the decision to
deny or reduce funding shall be made in accordance with the appeal
process established by the OES. The appeal process shall allow a
DVSSP a minimum of 30 days to appeal after a decision to deny or
reduce funding. All pending appeals shall be resolved before final
funding decisions are reached.
(11) It is the intent of the Legislature that priority for
additional funds that become available shall be given to currently
funded, new, or previously unfunded DVSSPs for expansion of services.
However, the OES may determine when expansion is needed to
accommodate underserved or unserved areas. If supplemental funding is
unavailable, the OES shall have the authority to lower the base
level of grants to all currently funded DVSSPs in order to provide
funding for currently funded, new, or previously unfunded DVSSPs that
will provide services in underserved or unserved areas. However, to
the extent reasonable, funding reductions shall be reduced
proportionately among all currently funded DVSSPs. After the amount
of funding reductions has been determined, DVSSPs that are currently
funded and those applying for funding shall be notified of changes in
the available level of funding prior to the next application
process. Funding reductions made under this paragraph shall not be
subject to appeal.
(12) Notwithstanding any other provision of this section, OES may
reduce funding to a DVSSP funded pursuant to this section if federal
funding support is reduced. Funding reductions as a result of a
reduction in federal funding shall not be subject to appeal.
(13) Nothing in this section shall be construed to supersede any
function or duty required by federal acts, rules, regulations, or
guidelines for the distribution of federal grants.
(14) As a condition of receiving funding pursuant to this section,
DVSSPs shall do all of the following:
(A) Provide matching funds or in-kind contributions equivalent to
not less than 10 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
(B) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
(15) The following definitions shall apply for purposes of this
subdivision:
(A) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent female intimate
partners, including physical, ***ual, and psychological abuse against
the woman, and is a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance from or
control over that woman.
(B) "Domestic violence shelter service provider" or "DVSSP" means
a victim services provider that operates an established system of
services providing safe and confidential emergency housing on a
24-hour basis for victims of domestic violence and their children,
including, but not limited to, hotel or motel arrangements, haven,
and safe houses.
(C) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for victims of
domestic violence and their children.
(g) The OES may hire the support staff and utilize all resources
necessary to carry out the purposes of this section. The OES shall
not utilize more than 10 percent of any funds appropriated for the
purpose of the program established by this section for the
administration of that program.



13823.16. (a) The Comprehensive Statewide Domestic Violence Program
established pursuant to Section 13823.15 shall be collaboratively
administered by the Office of Emergency Services (OES) and an
advisory council. The membership of the OES Domestic Violence
Advisory Council shall consist of experts in the provision of either
direct or intervention services to battered women and their children,
within the scope and intention of the OES Domestic Violence
Assistance Program.
(b) The membership of the council shall consist of domestic
violence victims' advocates, battered women service providers, at
least one representative of service providers serving the lesbian,
gay, bi***ual, and transgender community in connection with domestic
violence, and representatives of women's organizations, law
enforcement, and other groups involved with domestic violence. At
least one-half of the council membership shall consist of domestic
violence victims' advocates or battered women service providers from
organizations such as the California Partnership to End Domestic
Violence. It is the intent of the Legislature that the council
membership reflect the ethnic, racial, cultural, and geographic
diversity of the state. The council shall be composed of no more than
13 voting members and two nonvoting ex officio members who shall be
appointed, as follows:
(1) Seven voting members shall be appointed by the Governor.
(2) Three voting members shall be appointed by the Speaker of the
Assembly.
(3) Three voting members shall be appointed by the Senate
Committee on Rules.
(4) Two nonvoting ex officio members shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with the council and
participate in its activities to the extent that participation is not
incompatible with his or her position as a Member of the
Legislature.
(c) The OES shall collaborate closely with the council in
developing funding priorities, framing the request for proposals, and
soliciting proposals.
(d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



13823.17. (a) The Legislature finds the problem of domestic
violence in the gay, lesbian, bi***ual, and transgender community to
be of serious and increasing magnitude. The Legislature also finds
that existing domestic violence services for this population are
underfunded and that members of this population are unserved or
underserved in the state. Therefore, it is the intent of the
Legislature that a goal or purpose of the Office of Emergency
Services (OES) shall be to increase access to culturally appropriate
domestic violence education, prevention, and services for the gay,
lesbian, bi***ual, and transgender community.
(b) The goal of this section is to establish a targeted or
directed grant program for the development and support of domestic
violence programs and services for the gay, lesbian, bi***ual, and
transgender community. The OES shall use funds from the Equality in
Prevention and Services for Domestic Abuse Fund to award up to four
grants annually to qualifying organizations, with at least one in
southern California and one in northern California, to fund domestic
violence programs and services including, but not limited to, all of
the following:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Court and social service advocacy.
(4) Legal assistance with temporary restraining orders, devices,
and custody disputes.
(5) Community resource and referral.
(6) Household establishment assistance.
(7) Emergency housing.
(8) Educational workshops and publications.
(c) Each grant shall be awarded for a three-year term for the
purposes of this section.
(d) In order to qualify for a grant award under this section, the
recipient shall be a California nonprofit organization with a
demonstrated history of working in the area of domestic violence
education and prevention and serving the lesbian, gay, bi***ual, and
transgender community.
(e) The funding process for distributing grant awards to
qualifying organizations shall be administered by the OES as follows:

(1) Grants that were not funded in the previous cycle shall be
awarded to qualifying organizations as a result of a competitive
request for proposal (RFP) process. The RFP process shall comply with
all applicable state and federal statutes and to the extent
possible, the response to the RFP shall not exceed 15 narrative
pages, excluding attachments.
(2) The following criteria shall be used to evaluate grant
proposals:
(A) Whether the proposed program or services would further the
purpose of promoting healthy, nonviolent relationships in the
lesbian, gay, bi***ual and transgender community.
(B) Whether the proposed program or services would reach a
significant number of people in and have the support of the lesbian,
gay, bi***ual, and transgender community.
(C) Whether the proposed program or services are grounded in a
firm understanding of domestic violence and represent an innovative
approach to addressing the issue.
(D) Whether the proposed program or services would reach unique
and underserved sectors of the lesbian, gay, bi***ual, and
transgender community, such as youth, people of color, immigrants,
and transgender persons.
(3) Grant funds shall not be used to support any of the following:

(A) Scholarships.
(B) Awards to individuals.
(C) Out-of-state travel.
(D) Projects that are substantially completed before the
anticipated date of the grant award.
(E) Fundraising activities.
(4) Organizations reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the organization in
relation to the standards established by this section. The response
to the RFA shall not exceed 10 narrative pages, excluding
attachments.
(5) Any organization funded through this program in the previous
grant cycle shall be funded upon reapplication, unless, pursuant to
the assessment required under the RFA process, its past performance
history fails to meet the standards established by this section.
(f) Grant recipients may seek, receive, and make use of any funds
which may be available from all public and private sources to augment
any funds received pursuant to this section.
(g) The OES may adopt rules as necessary to implement the grant
program created under this section.
(h) The OES may hire the support staff and utilize all resources
necessary to carry out the purposes of this section.
(i) For purposes of this section, "domestic violence" means the
infliction or threat of physical harm against past or present adult
or adolescent intimate partners, including physical, ***ual, and
psychological abuse against the person, and is a part of a pattern of
assaultive, coercive, and controlling behaviors directed at
achieving compliance from or control over that person.



13824. A brief description of all projects eligible for a
commitment of council funds shall be made available to the public
through a publication of the council having statewide circulation at
least 30 days in advance of the meeting at which funds for such
project can be committed by vote of the council.



13825. The State Graffiti Clearinghouse is hereby created in the
agency or agencies designated by the Director of Finance pursuant to
Section 13820. The State Graffiti Clearinghouse shall do all of the
following, subject to federal funding:
(a) Assess and estimate the present costs to state and local
agencies for graffiti abatement.
(b) Award grants to state and local agencies that have
demonstrated implementation of effective graffiti reduction and
abatement programs.
(c) Receive and disburse funds to effectuate the purposes of the
clearinghouse.

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