Commission on Peace Officer Standards and Training.

Plain English Breakdown

The bill text does not specify how POST will determine when inspecting sensitive data is necessary, leaving some uncertainty in this area.

Commission on Peace Officer Standards and Training

This law requires POST employees with access to certain criminal records and history information to undergo background checks and allows the POST commission and its accountability division to inspect more types of sensitive data.

What This Bill Does

• Requires POST employees whose job duties require access to criminal offender record information, state summary criminal history information, or information obtained from CLETS to undergo a fingerprint-based state and national criminal history background check.
• Authorizes the commission and all persons for whom background checks have been completed and their duties require access to inspect or duplicate any information derived from CLETS.
• Allows the POST commission and the Peace Officer Standards Accountability Division to inspect and duplicate any criminal history information, criminal offender record information, or criminal justice information if needed in the course of their duties.

Who It Names or Affects

• POST employees who need access to certain types of criminal records and history information.
• The POST commission and its accountability division when they need to inspect sensitive data for their work.

Terms To Know

Commission on Peace Officer Standards and Training (POST)

A group that certifies peace officers in California and can remove certification if needed.

California Law Enforcement Telecommunications System (CLETS)

A system used by law enforcement to share information between agencies.

Limits and Unknowns

• The bill does not specify how POST will decide when it is necessary to inspect sensitive data.
• It's unclear what specific consequences there are for violating the new rules about sharing criminal history information.

Official Summary Text

AB 354, Michelle Rodriguez.
Commission on Peace Officer Standards and Training.
(1) Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law authorizes POST, as specified, to decertify a certified peace officer for engaging in serious misconduct, as specified.
Existing law requires any agency that employs peace officers to, within 10 days, notify POST of specified occurrences including any complaint, charge, or allegation of serious misconduct by a peace officer employed by that agency and the final disposition of any investigation into that complaint, charge, or allegation, regardless of the discipline actually imposed. Existing law provides that each law enforcement agency shall be responsible for the completion of an investigation into any
allegation of serious misconduct by an officer, regardless of the officer’s employment status. Existing law establishes the California Law Enforcement Telecommunications System (CLETS) within the Department of Justice to facilitate the exchange and dissemination of information between law enforcement agencies in the state.
This bill would require POST employees whose job duties require access to criminal offender record information, state summary criminal history information, or information obtained from CLETS to undergo a fingerprint-based state and national criminal history background check, as specified.
(2) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law
makes it a crime for a person authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it.
This bill would authorize the commission and all persons for whom background checks have been completed and their duties require access to inspect or duplicate any information derived from CLETS. The bill would additionally authorize the commission and the Peace Officer Standards Accountability Division to inspect and duplicate any criminal history information, criminal offender record information, or criminal justice information, 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. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program.
(3) 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 no reimbursement is required by this act for a specified reason.
(4) This bill would declare that it is to take effect immediately as an urgency statute.

Current Bill Text

Download Bill PDF