December 5, 2008
        
		n s Pursuant to Elections Code 
		Section 9005, we have reviewed the proposed constitutional amendment 
		cited as "The California Public Safety and Law Enforcement Act" (A.G. 
		File No. 08‑0017). 
		Background
		Law Enforcement Certification and Training.
		Currently, there are roughly 200,000 law enforcement officers 
		employed by a variety of public agencies in California, including the 
		California Highway Patrol, city and university police departments, and 
		state and local correctional departments. Under existing state law, 
		these officers are not required to obtain a specific state license or 
		certification for employment. However, state law does require 
		individuals interested in becoming a law enforcement officer to meet 
		minimum eligibility requirements, such as completing specified levels of 
		education.
		State and local law enforcement agencies have the 
		discretion to impose additional eligibility requirements beyond those 
		specified in statute. For example, many law enforcement agencies choose 
		to require their officers to meet the higher-level standards and 
		training of the state Commission on Peace Officer Standards and Training 
		(POST). The commission requires that candidates for officer positions 
		complete a minimum of 664 hours on a range of topics, including use of 
		force. In addition, POST-certified officers are required to complete 
		"refresher" training sessions on an ongoing basis. The training provided 
		by POST is primarily supported with revenues collected from criminal 
		penalties and fees. 
		Law Enforcement Officer Violations. 
		Under existing law, state and local law enforcement agencies are 
		required to establish a process for members of the public to file a 
		complaint against an officer. When a complaint is filed, most agencies 
		typically conduct an internal investigation. However, some agencies may 
		have an external board—consisting of private citizens or law enforcement 
		experts—that conducts an independent review of internal officer 
		investigations. Officers also may be subject to legal action in a civil 
		or criminal court.
		When an officer is being investigated for 
		misconduct, he or she is entitled to certain procedural rights. For 
		example, state law specifies how interrogations must be carried out, the 
		type of appeal process available to officers, and the procedures for 
		updating personnel files. These particular statutory provisions are 
		cited in state law as the Public Safety Officers Procedural Bill of 
		Rights. In addition, individual law enforcement agencies must follow 
		local procedural guidelines, as well as those established in 
		negotiations with employee unions. If an officer is found to have acted 
		inappropriately, the disciplinary action taken by the responsible agency 
		could result in his or her termination or criminal charges. 
		Proposal
		This measure 
		amends the State Constitution to (1) establish a new statewide board 
		responsible for licensing and regulating certain law enforcement 
		officers and (2) require certain state, county, and city agencies to 
		provide specified training to these officers. 
		Creates Law Enforcement Licensing Board.
		The measure creates a 13-member California Law Enforcement State 
		License Board with authority to regulate the licensing and qualification 
		of state, county, and city law enforcement officers. The members of the 
		board would be appointed by the Governor and include representatives 
		from non-profit organizations, public education, the news media, private 
		businesses, and the medical community. Current or former law enforcement 
		officers would not be eligible for appointment to the board. The term of 
		each board member would vary for the initial set of appointees, but 
		would be six years for subsequent appointees. 
		The primary responsibilities of the board would 
		be to:
		
			- 
			
			 License 
			Law Enforcement Officers. The board would require law 
			enforcement officers—specifically state, county, and city employees 
			who have the power to arrest, search, or seize property—to obtain a 
			state license that must be renewed annually. The board would also 
			adopt regulations for the suspension or revocation of a license. In 
			addition, the board would charge licensing fees to fully support its 
			operating expenses. 
 
			- 
			
Require Bond 
			and Insurance Coverage. The board would be able to require 
			an individual with a state law enforcement license to post a bond in 
			an amount determined by the board and/or have a specified level of 
			insurance coverage essentially for liability purposes. 
 
			- 
			
Establish a 
			Public Complaint Process. The measure requires the board to 
			establish a complaint process in which the public could report cases 
			of inappropriate conduct by law enforcement officers. The measure 
			would also make it a citizen's right to file such complaints. 
 
			- 
			
Conduct 
			Independent Investigations. The measure authorizes the board 
			to conduct independent investigations, hold public hearings, appoint 
			grand juries, and take other actions to regulate law enforcement 
			officers. The measure also empowers the board to compel the 
			testimony and obtain any evidence it requires from members of any 
			state or local public agency.
 
			- 
			
Maintain a Law 
			Enforcement Database. The board would also be required to 
			establish a database of every law enforcement officer who has caused 
			serious injury or death through the use of lethal force in the line 
			of duty. The database would also include any officer deemed to be 
			"troubled or at-risk" by the state, county, or city agencies that 
			employ them. 
 
		
		Requires Specified Law Enforcement 
		Training. The measure requires state, county, and city law 
		enforcement agencies to train officers in "diffusing situations and 
		deescalating violence" and the use of alternatives to lethal force. 
		Although this level of training is not required of all officers under 
		current law, officers employed at agencies that participate in POST 
		currently receive such training. 
		Fiscal Effects
		Depending on how this measure is interpreted and 
		implemented, it could have significant fiscal effects on state and local 
		governments. These effects are discussed below. 
		Administrative and Operating Costs of the 
		Board. The operations of the California Law Enforcement State 
		License Board (such as investigations and public hearings) would 
		increase state expenditures in the tens of millions of dollars annually. 
		However, under this measure, these additional costs would be funded with 
		a roughly comparable amount of revenues collected by the board from 
		licensing fees. 
		Payment of Law Enforcement Licensing Fees.
		In order to fully offset its administrative and operating costs, 
		the board would likely charge licensing fees for application and renewal 
		that on average could exceed $400 annually. In some, but not all cases, 
		public agencies (such as the Office of Real Estate Appraisers) reimburse 
		their employees for the costs of obtaining a professional certificate or 
		license. Moreover, some state, county, and city law enforcement agencies 
		currently pay for their employees to attend POST training sessions.
		If the individuals applying for the new law enforcement licenses 
		required under this initiative are not reimbursed for these costs by 
		their employers, state, county, and city agencies would not incur costs 
		related to the licensing requirements. However, if such agencies 
		reimburse their employees for the costs of the licenses, state, city, 
		and county costs could collectively reach the high tens of millions of 
		dollars annually.
		Bond and Insurance Coverage Costs. 
		The fiscal impact of allowing the board to require bond and/or insurance 
		coverage for licensed officers would depend on (1) the level of coverage 
		required and (2) whether officers would be reimbursed by their employers 
		for the cost of such coverage. If law enforcement agencies provide such 
		reimbursement, this provision of the measure potentially could 
		collectively result in additional state, county, and city costs in the 
		hundreds of millions of dollars annually. 
		Increased Law Enforcement Training Costs.
		As noted earlier, this measure requires state and local law 
		enforcement agencies to provide specific training to their officers. The 
		fiscal impact of this requirement would partially depend on the extent 
		to which agencies currently provide this training, such as through the 
		use of POST. Depending on how law enforcement agencies choose to satisfy 
		the measure’s new training requirements, the costs to the state, county, 
		and cities could collectively amount to millions of dollars annually.
		
		Increased Legal Counsel Costs. 
		Under this measure, state and local law enforcement agencies may find it 
		necessary to provide legal counsel to represent their officers at the 
		review hearings held by the California Law Enforcement State License 
		Board. Such actions could result in additional state, county, and city 
		costs that collectively could amount to millions of dollars annually.
		
		Summary of Fiscal Effects
		This measure would have 
		the following major fiscal effects:
		
			- 
			
Increased state 
			expenditures in the tens of millions of dollars annually to support 
			the operations of the new California Law Enforcement State License 
			Board, which would be funded with revenues collected by the board 
			from licensing fees. 
 
			- 
			
Increased state, 
			county, and city costs that collectively could reach the hundreds of 
			millions of dollars annually for licensing, bond and insurance 
			coverage, law enforcement training, and the provision of legal 
			counsel, depending upon how this measure is interpreted and 
			implemented. 
 
		
		
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