Peace officer training: driving under the influence., the official text

An act to add Section 13519.16 to the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes the Commission on Peace Officer Standards and Training, and requires the commission to, among other things, establish a certification program for peace officers, as defined. Existing law requires the commission, in consultation with specified subject matter experts, to develop guidelines and a course of instruction and training for law enforcement officers, including, but not limited to, hate crimes, elder and dependent abuse, and stalking.
This bill would require peace officers assigned primarily to traffic enforcement to complete a National Highway Transportation Safety Administration (NHTSA)-approved standard field sobriety testing course of a minimum of 16 hours within one year of their assignment and, if an officer leaves employment with a law enforcement agency and does not become employed by a law enforcement agency within 2 years of their departure date, would require the officer to complete any of several specified commission-certified training courses, including a NHTSA refresher course if they are assigned to traffic enforcement. Because this bill would require additional training for local peace officers, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.
Section 13519.16 is added to the Penal Code, to read:
13519.16.
(a) A peace officer with a rank of supervisor or below who is assigned primarily to traffic enforcement shall complete a National Highway Transportation Safety Administration-approved standard field sobriety testing course of a minimum of 16 hours within one year of their assignment to traffic enforcement. “Assigned to traffic enforcement” does not include an officer who enforces traffic laws as an ancillary function of a general patrol assignment.
(b) A peace officer described in subdivision (a) who completed the course in subdivision (a) and who leaves employment with a law enforcement agency and who does not become reemployed by a law enforcement agency within two years of their departure shall, if assigned to traffic enforcement, complete one of the following courses within one year of their assignment to traffic enforcement:
(1) Any of the below commission-certified courses provided by the Department of the California Highway Patrol or a local law enforcement agency:
(A) Standardized field sobriety testing course.
(B) National Highway Transportation Safety Administration-approved standard field sobriety testing refresher course.
(C) Drug recognition expert classroom course.
(D) Drug recognition expert recertification course.
(E) Advanced roadside impaired driving enforcement course.
(2) Any other commission-certified, continuing professional training-eligible course relating to law enforcement detection and apprehension of drivers whose behavior indicates that they may be driving under the influence of drugs or alcohol in violation of Section 23152 of the Vehicle Code.

SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.