Asm. Chris Holden

(1) Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Director of Consumer Affairs, and makes a violation of its provisions a crime. Existing law requires a licensee or qualified manager of a licensee who carries a deadly weapon in the course of that person's employment or business to complete a training course in the exercise of the power to arrest. This bill, on and after January 1, 2023, would eliminate that requirement. (2) Existing law, the Proprietary Security Services Act, provides for the licensure and regulation of proprietary private security officers by the director, and makes a violation of its provisions a crime. Existing law requires proprietary private security officers to complete a course of training in security officer skills developed by the Department of Consumer Affairs that includes power-to-arrest training. This bill, on and after January 1, 2023, would instead require the course in security officer skills to include training in the exercise of the power to arrest and the appropriate use of force. (3) (A) Existing law, the Private Security Services Act, provides for the regulation and licensure of private patrol operators and the registration of security guards by the director, and makes a violation of its provisions a crime. The act prohibits a person who is required to be registered as a security guard from carrying or using a firearm or baton unless they possess a valid and current permit, and makes a first violation subject to a $500 fine and each subsequent violation subject to a $1,000 fine. This bill would also prohibit a person required to be registered as a security guard from carrying or using a firearm or baton unless the security guard is an employee of a private patrol operator, the state, or a political subdivision of the state. By expanding the scope of a crime, the bill would impose a state-mandated local program. (B) The act requires a licensed private patrol operator to deliver to the director within 7 days a written report describing the circumstances surrounding the discharge of any firearm or physical altercation with a member of the public while on duty by a licensee and specified others while acting within the course and scope of their employment. Existing law makes a violation of that provision subject to a $1,000 fine for a first violation and a $2,500 fine for each subsequent violation. This bill would instead require the report to be delivered to the director within 7 business days and would revise the types of incidents required to be reported, including, among other things, requiring any physical use of force or violence on any person while on duty to be reported. The bill would increase the amount of the fine for any violation to $5,000. (C) The act requires each applicant for registration as a security guard to complete training in security officer skills, and requires the Bureau of Security and Investigative Services to develop a standard course and curriculum for the training. This bill, on and after January 1, 2023, would require the bureau to develop an outline for the course and curriculum for security officer skills training in consultation with the Commission on Peace Officer Standards and Training. (D) The act requires an applicant for a security guard registration to complete a course of training in the exercise of the power to arrest as a condition of the issuance of the registration, and specifies topics to be included in that course, including responsibilities and ethics in citizen arrest. The act requires a registrant and employing licensee to maintain the certificate of completion for the training course for at least 2 years. The act requires a private patrol operator to provide a copy of a department guidebook in the exercise of the power to arrest to employees. This bill would instead require a registrant to maintain the certificate of completion for the course until their registration expires or has been canceled, and would require a licensee to maintain the certificate for the duration of the registrant's employment. The bill would require a registrant who is unable to provide their employing licensee with a certificate of completion to complete the training within 6 months of the registrant's employment date. The bill, on and after January 1, 2023, would require each applicant to complete a course of training in the exercise of the power to arrest and the appropriate use of force, would require the subject of appropriate use of force to include specified topics, including legal standards for the use of force, and would require appropriate use of force to be conducted through traditional classroom instruction. The bill, on and after January 1, 2023, would authorize the department to review and provide more guidance on courses of training when best practices are updated and would delete the requirement that private patrol operators provide copies of the department guidebook to their employees. (E) The act authorizes the director to deny, suspend, or revoke a license, firearm qualification card, or baton permit if the licensee or the licensee's manager, officer, director, or partner commits specified acts, including committing assault, battery, or kidnaping or for using force or violence on any person without proper justification. This bill, on and after January 1, 2023, would also authorize the director deny, suspend, or revoke a license, firearm qualification card, or baton permit for use of force in violation of standards prescribed by the bureau by regulation. (4) The Private Security Services Act and the Private Investigator Act require a private patrol operator, security guard, or private investigator to complete a course of training in the carrying and usage of firearms in order to obtain a firearms qualification card or firearms permit. Existing law requires the course of training in the carrying and usage of firearms to be in a format prescribed by the department and delineated in the Firearms Training Manual of the Bureau of Security and Investigative Services. Existing law requires any course textbook or manual to be used as a course in the carrying and usage of firearms to include aspects of employee restraint and defensive missions of security guards. This bill, on and after January 1, 2023, would include appropriate use of force in the course of training and would delete the provision requiring the textbook or manual to include aspects of employee restraint and defensive missions. (5) Existing law, the Alarm Company Act, provides for the regulation and licensure of alarm company operators, the registration of alarm agents, and the certification of qualified managers by the director. The act requires a person who is licensed, registered, or designated as a branch office manager who carries a firearm in the course of their employment to complete a course of training in the carrying and use of firearms and obtain a firearms qualification card from the director. Existing law also requires those individuals to complete a course of training in the exercise of the power to arrest that is approximately 2 hours in length and covers various topics, including responsibilities and ethics in citizen arrest. Existing law requires every licensee and every person entering the employ of a licensee performing the function of an alarm agent to complete a course in the exercise of the power to arrest. This bill, on and after January 1, 2023, would instead require those licensed, registered, or designated persons to complete a course of training in the exercise of the power to arrest and the appropriate use of force that is approximately 4 hours in length and would require the subject of appropriate use of force to be conducted through traditional classroom instruction and include specified topics, including legal standards for the use of force. The bill, on and after January 1, 2023, would require every licensee and every person entering the employ of a licensee performing the functions of an alarm agent to complete a course in the exercise of the power to arrest and the appropriate use of force. (6) This bill would make conforming and other nonsubstantive changes. (7) 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. (8) This bill would incorporate additional changes to Section 7596.3 of the Business and Professions Code proposed by AB 830 to be operative only if this bill and AB 830 are enacted and this bill is enacted last.

Existing law defines a "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy created by POST regarding hate crimes. Existing law requires any local law enforcement agency that adopts or updates a hate crime policy to include specified information in that policy, including information on bias motivation. This bill would include a statement of legislative findings and declarations and require the basic course curriculum on the topic of hate crimes to be developed in consultation with subject matter experts, as specified. The bill would, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, require POST to update the basic course to include the viewing of a specified video course developed by POST. The bill would also require POST to make the video available via the online learning portal, and would require all peace officers to complete specified training materials no later than one year after the commission makes the updated course available. The bill would require POST to develop and periodically update an interactive course on hate crimes for in-service peace officers, and require officers to take the course every 6 years. This bill would also require any local law enforcement agency that adopts or updates a hate crime policy to include specified information on recognizing religion-bias hate crimes, and would require those policies to include the discriminatory selection of victims as a form of bias motivation.

(1) Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These graduation requirements include, among others, the completion of 3 years of courses in English and 3 years of courses in social studies, including one-year courses in United States history and geography and world history, culture, and geography, a one-semester course in American government and civics, and a one-semester course in economics. Existing law requires the Instructional Quality Commission to develop, and the State Board of Education to adopt, modify, or revise, a model curriculum in ethnic studies. Existing law also encourages each school district and charter school that maintains any of grades 9 to 12, inclusive, and that does not otherwise offer a standards-based ethnic studies curriculum to offer, beginning in the school year following the adoption of the model curriculum, a course of study in ethnic studies based on the model curriculum. This bill would add the completion of a one-semester course in ethnic studies, meeting specified requirements, to the graduation requirements commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school. The bill would expressly authorize local educational agencies, including charter schools, to require a full-year course in ethnic studies at their discretion. The bill would require local educational agencies, including charter schools, to offer an ethnic studies course commencing with the 2025–26 school year, as specified. The bill would authorize, subject to the course offerings of a local educational agency, including a charter school, a pupil to satisfy the ethnic studies course requirement by completing either (A) a course based on the model curriculum in ethnic studies developed by the commission, (B) an existing ethnic studies course, (C) an ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University, or (D) a locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The bill would prohibit a course that does not use ethnic studies content as the primary content through which the subject is taught from being used to satisfy the ethnic studies course requirement. The bill would require a pupil who completes a course described above to also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit towards satisfying a course required for a diploma of graduation from high school. These provisions would become operative only upon an appropriation of funds by the Legislature for these purposes in the annual Budget Act or another statute. Because the bill would add new duties to local educational agencies, it would constitute a state-mandated local program. (2) 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.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law prohibits, with certain exceptions, the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux that is not lead free in the installation or repair of any public water system or any plumbing in a facility providing water for human consumption. Existing law defines "lead free" for purposes of conveying or dispensing water for human consumption to mean not more than 0.2% lead when used with respect to solder and flux and not more than a weighted average of 0.25% lead when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures. This bill would, commencing January 1, 2023, prohibit a person from manufacturing, and offering for sale in the state, an endpoint device, as defined, that does not meet a certain lead leaching standard. The bill would, commencing July 1, 2023, prohibit a person from introducing into commerce or offering for sale in the state an endpoint device that does not meet that lead leaching standard. The bill would require the consumer-facing product packaging or product labeling of an endpoint device to bear specified lettering if the endpoint device meets that lead leaching standard and the above-described definition of "lead free."

(1) Under existing law, the Tom Bane Civil Rights Act, if a person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney, is authorized to bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the exercise or enjoyment of the right or rights secured. Existing law also authorizes an action brought by the Attorney General, or any district attorney or city attorney, to seek a civil penalty of $25,000. Existing law also allows an individual whose exercise or enjoyment of rights has been interfered with to prosecute a civil action for damages on their own behalf. The bill would eliminate certain immunity provisions for peace officers and custodial officers, or public entities employing peace officers or custodial officers sued under the act. (2) Existing laws defines persons who are peace officers and the entities authorized to appoint them. Existing law requires certain minimum training requirements for peace officers including the completion of a basic training course, as specified. Existing law prescribes certain minimum standards for a person to be appointed as a peace officer, including moral character and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction. This bill would prohibit a person who has been convicted of a felony, as specified, from regaining 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. The bill would disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated in an administrative, military, or civil judicial process as having committed, a violation of certain specified crimes against public justice, including the falsification of records, bribery, or perjury. The bill would also disqualify any person who has been certified as a peace officer by the Commission on Peace Officer Standards and Training and has surrendered that certification or had that certification revoked by the commission, or has been denied certification. The bill would disqualify 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, or any other database designated by the federal government, or who engaged in serious misconduct that would have resulted in their certification being revoked in this state. The bill would require a law enforcement agency employing certain peace officers to employ only individuals with a current, valid certification or pending certification. (3) Existing law establishes the Commission on Peace Officer Standards and Training to set minimum standards for the recruitment and training of peace officers and to develop training courses and curriculum. Existing law authorizes the commission to establish a professional certificate program that awards basic, intermediate, advanced, supervisory, management, and executive certificates on the basis of a combination of training, education, experience, and other prerequisites, for the purpose of fostering the professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officers. Existing law authorizes the commission to cancel a certificate that was awarded in error or obtained through misrepresentation or fraud, but otherwise prohibits the commission from canceling a certificate that has properly been issued. This bill would require the Department of Justice to provide the commission with necessary disqualifying felony and misdemeanor conviction data for all persons known by the department to be current or former peace officers, as specified. The bill would grant the commission the power to investigate and determine the fitness of any person to serve as a peace officer in the state. The bill would direct the commission to issue or deny certification, which includes a basic certificate or proof of eligibility, to a peace officer in accordance with specified criteria. The bill would require the commission to issue a proof of eligibility or basic certificate, as specified, to certain persons employed as a peace officer on January 1, 2022, who do not otherwise possess a certificate. The bill would declare certificates or proof of eligibility awarded by the commission to be property of the commission and would authorize the commission to suspend or revoke a proof of eligibility or certificate on specified grounds, including the use of excessive force, sexual assault, making a false arrest, or participating in a law enforcement gang, as defined. The bill would create the Peace Officer Standards Accountability Division within the commission to review investigations conducted by law enforcement agencies and to conduct additional investigations into serious misconduct that may provide grounds for suspension or revocation of a peace officer's certification, as specified. The bill would require the division to review grounds for decertification and make findings as to whether grounds for action against an officer's certification exist. The bill would require the division to notify the officer subject to decertification of their findings and allow the officer to request review. The bill would also create the Peace Officer Standards Accountability Advisory Board with 9 members to be appointed as specified. The bill would require the board to hold public meetings to review the findings after an investigation made by the division and to make a recommendation to the commission. The bill would require the commission to review the recommendation made by the board based on whether there is evidence that reasonably supports the board's conclusion that misconduct has been established and, if action is to be taken against an officer's certification, return the determination to the division to commence formal proceedings consistent with the Administrative Procedure Act. The bill would require the commission to notify the employing agency and the district attorney of the county in which the officer is employed of this determination, as specified. The bill would make all records related to the revocation of a peace officer's certification public and would require that records of an investigation be retained for 30 years. The bill would require an agency employing peace officers to report to the commission the employment, appointment, or separation from employment of a peace officer, any complaint, charge, allegation, or investigation into the conduct of a peace officer that could render the officer subject to suspension or revocation, findings by civil oversight entities, and civil judgements that could affect the officer's certification. In case of a separation from employment or appointment, the bill would require each agency to execute an affidavit-of-separation form adopted by the commission describing the reason for separation. The bill would require the affidavit to be signed under penalty of perjury. By creating a new crime, this bill would impose a state-mandated local program. The bill would require the board to report annually on the activities of the division, board, and commission, relating to the certification program, including the number of applications for certification, the events reported, the number of investigations conducted, and the number of certificates surrendered or revoked. By imposing new requirements on local agencies, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by SB 16 to be operative only if this bill and SB 16 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Existing law requires that policy, among other things, to require that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be unnecessary, and to require that officers intercede when present and observing another officer using force that is clearly beyond that which is necessary, as specified. This bill would require those law enforcement policies to require those officers to immediately report potential excessive force, as defined. The bill would additionally require those policies to, among other things, prohibit retaliation against officers that report violations of law or regulation of another officer to a supervisor, as specified, and to require that an officer who fails to intercede be disciplined up to and including in the same manner as the officer who used excessive force. By imposing additional duties on local agencies, this bill would create 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.

Existing law creates the Los Angeles County Metropolitan Transportation Authority, with specified powers and duties with respect to transportation planning, programming, construction, and operations. Existing law authorizes the authority to enter into contracts with private entities that combine into a single contract all or some of the planning, design, permitting, development, joint development, construction, construction management, acquisition, leasing, installation, and warranty of some or all components of transit systems and certain facilities. Existing law authorizes the authority to award a contract under these provisions after a finding, by a 23 vote of the members of the authority, that awarding the contract will achieve for the authority, among other things, certain private sector efficiencies in the integration of design, project work, and components. Under existing law, a contract awarded pursuant to these provisions may include operation and maintenance elements if the inclusion of those elements meets certain requirements. This bill would eliminate the requirement to make the above-described finding by a 23 vote of the members of the authority in order to award contracts under these provisions. The bill would instead authorize the authority to award these contracts that include operation and maintenance elements after a finding, by a 23 vote of the members of the authority, that awarding the contract will achieve for the authority a more competitive solicitation process with respect to quality, timeliness, price, and other private sector efficiencies, relevant to the integration of design, project work, and components.

The Bergeson-Peace Infrastructure and Economic Development Bank Act authorizes the California Infrastructure and Economic Development Bank, governed by a board of directors, to, among other things, make loans, issue bonds, and provide other financial assistance for various types of projects that qualify as public development or economic development facilities. The act defines "public development facilities" for these purposes to mean real and personal property, structures, conveyances, equipment, thoroughfares, buildings, and supporting components thereof, excluding any housing, that are directly related to providing, among other things, housing-related infrastructure, as specified. The act defines "economic development facilities" for these purposes to mean real and personal property, structures, buildings, equipment, and supporting components thereof that are used to provide industrial, recreational, research, commercial, utility, goods movement, or service enterprise facilities, community, educational, cultural, or social welfare facilities and any parts or combinations thereof, and all necessary facilities or infrastructure, excluding any housing. Existing law establishes the California Infrastructure and Economic Development Bank Fund and continuously appropriates the money in the fund to the bank for purposes of the act. This bill would authorize economic development facilities and public development facilities to include housing if the housing meets certain financing requirements and limits, as specified. Existing law authorizes the bank, in order to provide or arrange for the financing of economic development facilities to, among other actions, issue tax-exempt revenue bonds, in accordance with certain conditions. This bill would prohibit the proceeds of private activity bonds issued by the bank under any state allocation from being used to finance any housing. Existing law requires the bank, with respect to financing economic development facilities, to utilize existing local economic development networks to identify projects and to prepare a plan, in consultation with local economic development networks and organizations and representatives, as specified. This bill would require housing financed pursuant to these provisions to meet specified conditions. The bill, among other conditions, would provide that any housing financed as part of an economic development facility be required for the operation of the facility, would prohibit funds from the Infrastructure State Revolving Loan Program from being used to finance any housing component of an economic development facility, and would limit housing finance costs from representing more than a certain percentage of the overall project costs financed by the bank. The bill, with respect to public development facilities, would also require any housing financed to meet specified conditions, including prohibiting tax-exempt revenue bonds issued by the bank from financing any housing component of a public development facility, and prohibiting funds from the Infrastructure State Revolving Loan Program from being used to finance any housing component of a public development facility. By authorizing an additional type of expenditure from the California Infrastructure and Economic Development Bank Fund, the bill would make an appropriation.

Existing law, the Real Estate Appraisers' Licensing and Certification Law, creates a Bureau of Real Estate Appraisers within the Department of Consumer Affairs to administer and enforce that law. Existing law requires the protection of the public to be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. This bill, among other things, would require the bureau to place on an existing complaint form a check box asking if the complainant believes that the opinion of the value of the real estate is below market value. The bill would also require the bureau to collect specified demographic information, voluntarily provided, regarding sellers, those seeking to refinance, buyers, or an authorized representative in real estate transactions making a complaint. The bill would require the bureau to compile the collected demographic information and report that information to the Legislature on or before July 1, 2024. This bill would prohibit a licensee from basing their appraisal of the market value of a property on the basis of race, color, religion, gender, gender expression, age, national origin, disability, marital status, source of income, sexual orientation, familial status, employment status, or military status of either the present or prospective owners or occupants of the subject property, or of the present owners or occupants of the properties in the vicinity of the subject property, or on any other basis prohibited by the federal Fair Housing Act. Existing law requires the Chief of the Bureau of Real Estate Appraisers to adopt regulations governing the process and procedures for applying for a license, including education and experience equivalency, and for renewal of a license, including, but not limited to, continuing education requirements on a 4-year cycle. This bill would require, beginning January 1, 2023, an applicant to complete at least one hour of instruction in cultural competency, as defined. The bill, as part of the continuing education requirement in order to renew a license or restore a license to active status, would require for each licensee renewing on or after January 1, 2023, at least 2 hours of elimination of bias training. Beginning January 1, 2023, a licensee would be required to complete at least one hour of instruction in cultural competency every 4 years. Existing law requires that specified disclosures be made upon transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property. This bill, after July 1, 2022, would require that every contract for the sale of single-family residential real property contain a notice stating that any appraisal of the property is required to be unbiased, objective, and not influenced by improper or illegal considerations. The bill would require the notice to include information regarding reporting biased appraisals to the financial institution or mortgage broker that hired the appraiser or the Bureau of Real Estate Appraisers. The bill would also require the notice to be delivered by a licensed person, as defined, refinancing a first lien purchase money loan secured by residential real property containing no more than 4 dwelling units either prior to, or with, the loan estimate or the mortgage loan disclosure statement. Existing law, the California Fair Employment and Housing Act, prohibits housing discrimination, including discrimination through public or private land use practices, decisions, or authorizations, and based on specified personal characteristics. Existing law makes it unlawful for any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of specified personal characteristics. This bill would make it unlawful for any person or other entity whose business includes performing appraisals of residential real property to discriminate against any person in making available those services, or in the performance of those services, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.