Article 1 - Administration

California Penal Code — §§ 13500-13509.6

Sections (14)

Amended by Stats. 2025, Ch. 32, Sec. 2. (AB 354) Effective July 14, 2025.

(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) a combination thereof.

(2)Three members shall be sheriffs, 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 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)In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:

(1)Implicit and explicit bias.

(2)Cultural competency.

(3)Mental

health and policing.

(4)Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.

(d)The Attorney General shall be an ex officio member of the commission.

(e)All members of the commission 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.

(f)Notwithstanding any other law, the commission is authorized to inspect and duplicate any criminal history information, criminal offender record information, or criminal

justice information, including information contained in or derived from the California Law Enforcement Telecommunications System, or any other sensitive, confidential or privileged information if the commission determines that the information is needed in the course of the commission’s duties.

(g)It is the intent of the Legislature in enacting subdivision (f) to recognize that the commission is considered a criminal justice agency under Section 13101 and may have access to information derived from criminal justice databases.

§ 13501

Amended by Stats. 2016, Ch. 33, Sec. 35. (SB 843) Effective June 27, 2016.

The Governor shall designate the chair of the commission from among the members of the commission. The person designated as the chair shall serve at the pleasure of the Governor. The commission shall annually select a vice chair from among its members. A majority of the members of the commission shall constitute a quorum.

§ 13502

Added by Stats. 1959, Ch. 1823.

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

Amended by Stats. 2021, Ch. 409, Sec. 6. (SB 2) Effective January 1, 2022.

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 peace 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 investigate and determine the fitness of any person to serve as a peace officer

within the Peace Officer Standards and Training program or as defined in Section 13510.1 in the State of California.

(g)To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government.

(h)To audit any law enforcement agency that employs peace officers described in subdivision (a) of Section 13510.1, without cause and at any time.

(i)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.

§ 13503.1

Added by Stats. 2025, Ch. 32, Sec. 3. (AB 354) Effective July 14, 2025.

(a)Commission employees, prospective employees, appointees, volunteers, contractors, and subcontractors, whose job duties require access to criminal offender record information as defined in Section 13102, state summary criminal history information as defined in Section 11105, or information obtained from the California Law Enforcement Telecommunications System, shall undergo a fingerprint-based state and national criminal history background check.

(b)The commission shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background

check, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state or federal level response pursuant to subdivision (l) of Section 11105.

§ 13503.5

Added by Stats. 2019, Ch. 25, Sec. 45. (SB 94) Effective June 27, 2019.

(a)Commencing February 1, 2020, and each year thereafter, the commission shall submit an annual report to the Legislature, in compliance with Section 9795 of the Government Code, on the overall effectiveness of any additional funding appropriated by the Legislature on or after July 1, 2019, in improving peace officer training. For the purpose of this section, “additional funding” does not include General Fund resources provided to backfill declines in non-General Fund revenue in the 2019 Budget Act.

(b)At minimum, the reporting described in subdivision (a) shall include both of the following:

(1)The number of peace officers trained by law enforcement agency, by course, and by

how training was delivered.

(2)The training provided and the descriptions of the training, including the duration of the training and the skills addressed in the training.

(c)To the extent that information required in subdivision (b) is not yet available for a particular annual report, the commission shall report on how it plans to measure and report that information in the future. The commission also shall specify the date by which it anticipates that the information will be available for reporting.

§ 13504

Added by Stats. 1959, Ch. 1823.

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

Amended by Stats. 1985, Ch. 106, Sec. 112.

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

Amended by Stats. 2021, Ch. 409, Sec. 7. (SB 2) Effective January 1, 2022.

The commission may adopt those regulations as are necessary to carry out the purposes of this chapter.

§ 13507

Amended by Stats. 1989, Ch. 950, Sec. 3.

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.

§ 13507.1

Added by Stats. 2013, Ch. 59, Sec. 8. (SB 514) Effective January 1, 2014.

As used in this chapter, “joint powers agency” means any agency, entity, or authority formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code.

§ 13508

Amended by Stats. 2004, Ch. 193, Sec. 155. Effective January 1, 2005.

(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.

§ 13509.5

Added by Stats. 2021, Ch. 409, Sec. 8. (SB 2) Effective January 1, 2022.

(a)There is within the commission a Peace Officer Standards Accountability Division, hereafter referred to in this chapter as the division.

(b)The primary responsibilities of the division shall be to review investigations conducted by law enforcement agencies or any other investigative authority and to conduct additional investigations, as necessary, into serious misconduct that may provide grounds for suspension or revocation of a peace officer’s certification, present findings and recommendations to the board and commission, and bring proceedings seeking the suspension or revocation of certification of peace officers as directed by the board and commission

pursuant to this chapter.

(c)The division shall be staffed with a sufficient number of experienced and able employees that are capable of handling the most complex and varied types of decertification investigations, prosecutions, and administrative proceedings against peace officers.

(d)The commission shall establish procedures for accepting complaints from members of the public regarding peace officers or law enforcement agencies that may be investigated by the division or referred to the peace officers’ employing agency or the Department of Justice.

§ 13509.6

Added by Stats. 2021, Ch. 409, Sec. 9. (SB 2) Effective January 1, 2022.

(a)No later than January 1, 2023, the Governor shall establish the Peace Officer Standards Accountability Advisory Board, hereafter referred to in this chapter as the board.

(b)The purpose of the board shall be to make recommendations on the decertification of peace officers to the commission.

(c)The protection of the public and all constitutional and statutory rights shall be the highest priority for the board as it

upholds the standards for peace officers in California.

(d)The board shall consist of nine members, as follows:

(1)One member shall be a peace officer or former peace officer with substantial experience at a command rank, appointed by the Governor.

(2)One member shall be a peace officer or former peace officer with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers, appointed by the Governor.

(3)Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at nonprofit or academic institutions on issues related to police

accountability. One of these members shall be appointed by the Governor and one by the Speaker of the Assembly.

(4)Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at community-based organizations on issues related to police accountability. One of these members shall be appointed by the Governor and one by the Senate Rules Committee.

(5)Two members shall be members of the public, who shall not be former peace officers, with strong consideration given to individuals who have been subject to wrongful use of force likely to cause death or serious bodily injury by a peace officer, or who are surviving family members of a

person killed by the wrongful use of deadly force by a peace officer, appointed by the Governor.

(6)One member shall be an attorney, who shall not be a former peace officer, with substantial professional experience involving oversight of peace officers, appointed by the Governor.

(e)Except as otherwise provided in subdivision (f), each member shall be appointed for a term of three years and shall hold office until the appointment of the member’s successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever occurs first. Vacancies occurring shall be filled by appointment for the unexpired term of a person with the same qualification for appointment as the person being replaced. No person shall serve more than two

terms consecutively. The Governor shall remove from the board any peace officer member whose certification as a peace officer has been revoked. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause.

(f)Of the members initially appointed to the board, 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. Successor appointments shall be made pursuant to subdivision (e).

(g)The Governor shall designate the chair of the board from among the members of the board. The person designated as the chair shall serve as chair of the board at the pleasure of the Governor. The board shall annually select a vice chair from among its members. A majority of the members of the board

shall constitute a quorum.

(h)Each member of the board shall receive a per diem of three hundred fifty dollars ($350) for each day actually spent in the discharge of official duties, including any required training and reasonable time spent in preparation for public hearings, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. Upon request of a member based on financial necessity, the commission shall arrange and make direct payment for travel or other necessities rather than providing reimbursement.

(i)All members of the board shall complete a 40-hour decertification training course, as developed by the commission, which shall include, but not be limited to, subjects regarding the decertification process,

internal investigations, evidentiary standards, use of force standards and training, and local disciplinary processes.