Peace officers: qualifications.

Plain English Breakdown

The official source material does not provide details on how many people will be affected or what happens if the state cannot cover all mandated costs.

Peace Officers: Qualifications

This law changes who can become a peace officer in California by adding new rules about past employment with federal immigration enforcement agencies.

What This Bill Does

• Disqualifies someone from becoming a peace officer if they were previously employed as a sworn law enforcement officer for a federal agency engaged in immigration enforcement and personally assisted with such activities after January 20, 2025.
• Allows individuals who worked in federal immigration enforcement to apply to become peace officers only after waiting at least ten years since leaving that job.
• Requires local law enforcement agencies to follow these new rules about hiring peace officers.

Who It Names or Affects

• People who want to become peace officers in California
• Local law enforcement agencies that hire peace officers

Terms To Know

Immigration Enforcement

Activities related to enforcing laws about people entering or staying in the country legally.

State-Mandated Local Program

A program that requires local governments to do something, even if they don't want to.

Limits and Unknowns

• The bill does not specify how many people will be affected by these new rules.
• It is unclear what happens if the state cannot pay for all the extra costs this law might cause.

Official Summary Text

SB 938, as amended, Menjivar.
Peace officers: qualifications.
Existing law contains numerous provisions governing the qualifications, standards, and training of peace officers. Existing law specifies circumstances that disqualify a person from holding office or being employed as a peace officer, including, among other things, having been convicted of a felony.
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 10 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.
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.
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.

Current Bill Text

Download Bill PDF