Peace officers: training requirements.
SB 938
California Bills
20250SB__093895AMD INTRODUCED 2026-01-29 AMENDED_SENATE 2026-03-25 AMENDED_SENATE 2026-04-23 AMENDED_SENATE 2026-05-22 AMENDED_ASSEMBLY 2026-06-16 REVISED 2026-06-24 2025 SB AMD Introduced by Senator Menjivar (Coauthors: Senators Gonzalez and Wiener) (Coauthors: Assembly Members Schultz and Sharp-Collins) LEAD_AUTHOR SENATE Menjivar COAUTHOR SENATE Gonzalez COAUTHOR SENATE Wiener COAUTHOR ASSEMBLY Schultz COAUTHOR ASSEMBLY Sharp-Collins
An act to amend
Section 13510.1 of the Penal Code, relating to peace officers. peace officers Peace officers: training requirements. Existing law contains numerous provisions governing the qualifications, standards, and training of peace officers. Existing law requires specified peace officers to successfully complete a training course prescribed by the Commission on Peace Officer Standards and Training (POST) before exercising the powers of a peace officer.
Existing law requires the commission, for those instances where individuals have acquired prior comparable peace officer training, to adopt regulations providing for alternative means for satisfying the training required by a specified provision of law. Existing regulations provide a Basic Course Waiver to individuals with qualifying out-of-state or federal law enforcement experience whose law enforcement training, experience, and education are deemed by POST to demonstrate sufficient law enforcement knowledge, skill, and proficiency.
This bill would disqualify a person from being a peace officer if they were previously employed as a sworn law enforcement officer by a federal agency engaged in immigration enforcement and personally assisted with immigration enforcement, as defined, after January 20, 2025, except as specified. The bill would authorize a person to apply for eligibility as a peace officer only after a minimum cooling-off period of years from the date of separation from prior the federal immigration enforcement agency.
To the extent this bill would impose additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.</xhtml:p><xhtml:p>The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.</xhtml:p>"?> This bill would prohibit an individual who was hired by the United States Immigration and Customs Enforcement for the purpose of detention operations or removal operations, on or after January 1, 2025, from being eligible to apply for any Regular Basic Course Waiver.
By increasing duties on local law enforcement agencies, this bill 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.
MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows: <caml:Num>SECTION 1.</caml:Num><caml:Content><xhtml:p>The Legislature finds and declares all of the following:</xhtml:p><xhtml:p>(a)<xhtml:span class="EnSpace"/>Effective public safety depends on trust and cooperation between local communities and local law enforcement agencies.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>California has a long-standing policy of limiting entanglement between state and local law enforcement and federal civil immigration enforcement, including through the California Values Act, the TRUST Act, and related statutes.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The State of California has a compelling interest in establishing uniform standards for the hiring of peace officers to protect community trust, avoid conflicts of interest, and ensure accountability to state and local residents.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>The State of California has exclusive authority to determine the qualifications and disqualifications for state and local peace officers.</xhtml:p></caml:Content></caml:BillSection><caml:BillSection id="id_78E47541-041A-40AB-A55B-5E378AF89D80"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1029.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_DDBBC460-7C4B-4CF6-8348-D51243D928B9"><caml:Num>1029.</caml:Num><caml:LawSectionVersion id="id_56C98673-6581-44CC-BA7C-E97DD8CB3E63"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Except as provided in subparagraph (
B) of paragraph (12), subdivision (b), (c), (d), or (e), each of the following persons is disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and county, or other political subdivision, whether with or without compensation, and is disqualified from any office or employment by the state, county, city, city and county, or other political subdivision, whether with or without compensation, which confers upon the holder or employee the powers and duties of a peace officer:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Any person who has been convicted of a felony.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Any person who has been convicted of any offense in any other jurisdiction which would have been a felony if committed in this state.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Any person who has been discharged from the military for committing an offense, as adjudicated by a military tribunal, which would have been a felony if committed in this state.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>Any person who, after January 1, 2004, has been convicted of a crime based upon a verdict or finding of guilt of a felony by the trier of fact, or upon the entry of a plea of guilty or nolo contendere to a felony.
This paragraph applies regardless of whether, pursuant to subdivision (
b) of
Section of the Penal Code, the court declares the offense to be a misdemeanor or the offense becomes a misdemeanor by operation of law.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>For purposes of this paragraph, a person has been “convicted of a crime” immediately upon entry of a plea of guilty or nolo contendere to, or upon being found guilty by a trier of fact of, a felony offense, including an offense that may be charged as a misdemeanor or felony and that was charged as a felony at the time of the conviction.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Effective January 1, 2022, any person who has been convicted of a crime in accordance with this paragraph shall not regain eligibility for peace officer employment based upon the nature of any sentence ordered or imposed.
In addition, no such person shall regain eligibility for peace officer employment based upon any later order of the court setting aside, vacating, withdrawing, expunging or otherwise dismissing or reversing the conviction, unless the court finds the person to be factually innocent of the crime for which they were convicted at the time of entry of the order.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>Any person who has been charged with a felony and adjudged by a superior court to be mentally incompetent under
Chapter 6 (commencing with
Section 1367) of Title of Part of the Penal Code.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>Any person who has been found not guilty by reason of insanity of any felony.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>Any person who has been determined to be a mentally disordered sex offender pursuant to
Article 1 (commencing with
Section 6300) of
Chapter of Part of Division of the Welfare and Institutions Code.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>Any person adjudged addicted or in danger of becoming addicted to narcotics, convicted, and committed to a state institution as provided in
Section of the Welfare and Institutions Code.</xhtml:p><xhtml:p>(9)<xhtml:span class="EnSpace"/>Any person who, following exhaustion of all available appeals, has been convicted of, or adjudicated through an administrative, military, or civil judicial process requiring not less than clear and convincing evidence, including a hearing that meets the requirements of the administrative adjudication provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part of Division of Title 2), as having committed, any act that is a violation of
Section 115, 115.3, 116, 116.5, or of, or of any offense described in
Chapter 1 (commencing with
Section 92),
Chapter 5 (commencing with
Section 118),
Chapter 6 (commencing with
Section 132), or
Chapter 7 (commencing with
Section 142) of Title of Part of the Penal Code, including any act committed in another jurisdiction that would have been a violation of any of those sections if committed in this state.</xhtml:p><xhtml:p>(10)<xhtml:span class="EnSpace"/>Any person who has been issued the certification described in
Section 13510.1 of the Penal Code, and has had that certification revoked by the Commission on Peace Officer Standards and Training, has voluntarily surrendered that certification pursuant to subdivision (
f) of
Section 13510.8, or having met the minimum requirement for issuance of certification, has been denied issuance of certification.</xhtml:p><xhtml:p>(11)<xhtml:span class="EnSpace"/>Any person previously employed in law enforcement in any state or United States territory or by the federal government, whose name is listed in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or any other database designated by the federal government whose certification as a law enforcement officer in that jurisdiction was revoked for misconduct, or who, while employed as a law enforcement officer, engaged in serious misconduct that would have resulted in their certification being revoked by the commission if employed as a peace officer in this state.</xhtml:p><xhtml:p>(12)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>Notwithstanding any other law, and except as specified in subparagraphs (B), (D), and (E), any person who, on or after January 20, 2025, was employed as a sworn law enforcement officer by a federal agency engaged in immigration enforcement and personally assisted with immigration enforcement.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>An individual disqualified pursuant to subparagraph (
A) may apply for eligibility only after a minimum cooling-off period of years from the date of separation from prior the federal immigration enforcement agency.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>For the purposes of this paragraph, “immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>This paragraph does not apply to an individual who, before January 1, 2027, is employed as a peace officer in this state, is in the process of being hired as a peace officer in this state, or is enrolled in or has completed the basic course to be a peace officer in this state.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>This paragraph does not apply to military personnel or members of the National Guard who were required to assist with immigration enforcement.</xhtml:p><xhtml:p>(F)<xhtml:span class="EnSpace"/>Nothing in this paragraph shall be construed to do any of the following:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Regulate federal immigration enforcement activities.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>Preclude any individual from federal employment.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>Interfere with federal authority granted under federal law.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>A plea of guilty to a felony pursuant to a deferred entry of judgment program as set forth in Sections to 1000.4, inclusive, of the Penal Code shall not alone disqualify a person from being a peace officer unless a judgment of guilty is entered pursuant to
Section 1000.3 of the Penal Code.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A person who pleads guilty or nolo contendere to, or who is found guilty by a trier of fact of, an alternate felony-misdemeanor drug possession offense and successfully completes a program of probation pursuant to
Section 1210.1 of the Penal Code shall not be disqualified from being a peace officer solely on the basis of the plea or finding if the court deems the offense to be a misdemeanor or reduces the offense to a misdemeanor.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>Any person who has been convicted of a felony, other than a felony punishable by death, in this state or any other state, or who has been convicted of any offense in any other state which would have been a felony, other than a felony punishable by death, if committed in this state, and who demonstrates the ability to assist persons in programs of rehabilitation may hold office and be employed as a parole officer of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or as a probation officer in a county probation department, if the person has been granted a full and unconditional pardon for the felony or offense of which they were convicted.
Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or a county probation department, may refuse to employ that person regardless of their qualifications.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>This
section does not limit or curtail the power or authority of any board of police commissioners, chief of police, sheriff, mayor, or other appointing authority to appoint, employ, or deputize any person as a peace officer in time of disaster caused by flood, fire, pestilence or similar public calamity, or to exercise any power conferred by law to summon assistance in making arrests or preventing the commission of any criminal offense.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>This
section does not prohibit any person from holding office or being employed as a superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, if at the time of the person’s hire a prior conviction of a felony was known to the person’s employer, and the class of office for which the person was hired was not declared by law to be a class prohibited to persons convicted of a felony, but as a result of a change in classification, as provided by law, the new classification would prohibit employment of a person convicted of a felony.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>The Department of Justice shall supply the commission with necessary disqualifying felony and misdemeanor conviction data for all persons known by the department to be current or former peace officers.
The commission shall be permitted to use the information for decertification purposes. The data, once received by the commission, shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with
Section 7920.000) of Title 1), including documentation of the person’s appointment, promotion, and demotion dates, as well as certification or licensing status and the reason or disposition for the person leaving service.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_785D026B-834D-4C49-A0BD-5D8E59A4B39A"><caml:Num>SEC. 3.</caml:Num><caml:Content><xhtml:p>The Legislature finds and declares that
Section of this act amending
Section of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in
Section of
Article XI of the California Constitution. Therefore,
Section of this act applies to all cities, including charter cities.</xhtml:p></caml:Content></caml:BillSection>"?>
SECTION 1. The Legislature finds and declares all of the following: (
a) California has a vital interest in ensuring that any person who exercises the powers of a California peace officer has completed training and supervised field evaluation sufficient to protect public safety, constitutional rights, community trust, and the fair and lawful enforcement of state law. (
b) California’s Regular Basic Course requirement, and the limited waiver process for that requirement, are designed to ensure that persons appointed as California peace officers have demonstrated competence in the practical application of California law, local agency policies, constitutional policing, deescalation, use of force, arrest and detention standards, community interaction, and other patrol responsibilities. (
c) A Basic Course Waiver is not automatic reciprocity for out-of-state or federal law enforcement experience. It is a limited exemption from the Regular Basic Course that depends on a determination that the applicant’s prior training, education, and experience are sufficiently equivalent to California’s requirements for peace officer service. (
d) Service as a federal immigration enforcement officer is not necessarily equivalent to service as a California peace officer performing general law enforcement uniformed patrol duties. Federal immigration enforcement officers operate under different legal authorities, policies, command structures, operational objectives, and accountability systems than California peace officers. (
e) Recent federal immigration enforcement operations have raised serious concerns regarding the adequacy of training, supervision, transparency, and accountability for federal immigration enforcement officers, including concerns involving the use of force, concealment of officer identity, compliance with constitutional limitations, treatment of detained persons, and cooperation with state and local accountability mechanisms. (
f) Public reports, court filings, and official state investigations have documented or alleged patterns of misconduct and harmful enforcement practices associated with federal immigration enforcement operations in California and elsewhere, including operations that have undermined public trust and raised significant concerns regarding whether federal immigration enforcement personnel receive training and supervision comparable to that required of California peace officers. (
g) The federal government has also recently modified and accelerated training for immigration enforcement officers while rapidly expanding its immigration enforcement workforce. These changes have generated public concern that federal training may be insufficient to prepare officers for the full range of constitutional, deescalation, use-of-force, and community-facing responsibilities required of California peace officers. (
h) It is therefore the intent of the Legislature to preserve the integrity of California peace officer training standards, including the Regular Basic Course and the Basic Course Waiver process, and to ensure that federal immigration enforcement service does not establish eligibility for appointment as a California peace officer or for any waiver of California’s basic training requirements.
SEC.
Section 13510.1 of the Penal Code is amended to read: 13510.1. (
a) The commission shall establish a certification program for peace officers described in
Section 830.1, 830.2 with the exception of those described in subdivision (
d) of that section, 830.3, 830.32, or 830.33, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program. A certificate or proof of eligibility issued pursuant to this
section shall be considered the property of the commission. (
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 that 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 that participates in the POST program. Any agency appointing an individual who does not already have a basic certificate as described in subdivision (
a) and who is not eligible for a certificate shall make application for proof of eligibility within days of appointment. (
e) The commission shall assign each person who applies for or receives certification a unique identifier that shall be used to track certification status from application for certification through that person’s career as a peace officer. (
f) Notwithstanding any other provision of law, the commission shall have the authority to suspend, revoke, or cancel any certification pursuant to this chapter. This authority extends to any certificate or proof of eligibility issued by the commission including, without limitation, any certificate or proof of eligibility that is invalid, inactive, expired, or canceled. (g)
(1) An agency that employs peace officers described in subdivision (
a) shall employ as a peace officer only individuals with current, valid certification pursuant to this section, except that an agency may provisionally employ a person for up to months, pending certification by the commission, provided that the person has received a proof of eligibility and has not previously been certified or denied certification or had their certification revoked.
(2) In accordance with subdivision (
b) of
Section 832.4, deputy sheriffs described in subdivision (
c) of
Section 830.1 shall obtain valid certification pursuant to this
section upon reassignment from custodial duties to general law enforcement duties. (h)
(1) Notwithstanding subdivision (d), the commission shall issue a basic certificate or proof of eligibility to any peace officer described in subdivision (
a) who, on January 1, 2022, is eligible for a basic certificate or proof of eligibility but has not applied for a certification.
(2) Commencing on January 1, 2023, any peace officer described in subdivision (
a) who does not possess a basic certificate and who is not yet or will not be eligible for a basic certificate, shall apply to the commission for proof of eligibility.
(3) Any individual hired as a sworn federal law enforcement officer for the purposes of detention operations or removal operations by the United States Immigration and Customs Enforcement on or after January 1, 2025, shall not be eligible to apply for any Regular Basic Course Waiver, including the specialized waiver training, as set forth in
Section of Title of the California Code of Regulations, or any successor regulation thereto. (
i) As used in this chapter, “certification” means any and all valid and unexpired certificates issued pursuant to subdivision (b), including basic, intermediate, advanced, supervisory, management, and executive certificates or any proof of eligibility issued by the commission pursuant to this section.
SEC. 3. 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