How AB 1896 changes current law

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This bill amends 2 section(s) of the California codes: Section 1029 of the Government Code; Section 13510.8 of the Penal Code.

• Section 1029 of the Government Code

  misdemeanor Code, Training, or → SEC. 4.5. Section 1029 of the Government Code is amended to read: subparagraph (B) of paragraph (12), or misdemeanor, Code Training or, (A) (B) For purposes of this paragraph, both of the following apply:(i) “Employed in law enforcement” and “law enforcement officer” include a law enforcement officer employed in any state or United States territory or by the federal government who engages in immigration enforcement.(ii) “Immigration enforcement” includes 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.(12) (A) Commencing January 1, 2028, except as provided in subparagraph (B), any person previously employed as a sworn law enforcement officer or individual contractor, and personally engaged in immigration enforcement.(B) A person shall not be 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 shall not be 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, if they are approved to enter a POST basic course under subdivision (g) of Section 1031.1.(C) For purposes of this paragraph, “immigration enforcement” has the same meaning as that term is defined in subdivision (c) of Section 1025.(D) This paragraph does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.

  amended

• Section 13510.8 of the Penal Code

  SEC. 10.5. Section 13510.8 of the Penal Code is amended to read: (4) (A) For purposes of an applicant to attend the basic course who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, the commission shall deny suitability for enrollment in the basic course, unless the commission receives notice from a hiring agency granting their suitability.(B) No applicant described in subparagraph (A) shall enter the basic course without a hiring agency granting their suitability.(C) By January 1, 2028, the commission shall adopt, by regulation, a definition of “suitability” that shall serve as the criteria to be considered for the suitability of an applicant to attend the basic course who has personally engaged in immigration enforcement. Suitability shall be based on both of the following:(i) Whether an applicant personally engaged in immigration enforcement and to what degree, as determined by a working group that the commission shall convene. The working group shall be comprised as follows:(I) A peace officer or former peace officer with substantial experience at a command rank appointed by the Governor.(II) A peace officer or former peace officer with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers appointed by the Governor.(III) Two members of the public who shall not be current or former peace officers and who have substantial experience working at a nonprofit or at academic institutions on issues related to immigration. One member shall be appointed by the Governor and one by the Speaker of the Assembly.(IV) Two members of the public who shall not be current or former peace officers and who have substantial experience working at community-based organizations on issues related to immigration. One member shall be appointed by the Governor and one by the Senate Committee on Rules.(V) Two members of the public, who shall not be current or former peace officers, with strong consideration given to individuals who have been subject to immigration enforcement or who are family members of a person who has been the subject of immigration enforcement. One member shall be appointed by the Speaker of the Assembly and one by the Senate Committee on Rules.(VI) One member shall be an attorney, who shall not be a former peace officer, with substantial professional experience involving immigration enforcement, appointed by the Governor.(ii) The standards established for peace officers under all applicable California laws and regulations, including, but not limited to, those set forth in Section 1031 of the Government Code and this section. (10) Theft, pursuant to subdivision (a) of Section 484, committed by a peace officer under color of authority, where the peace officer acted with specific intent to permanently deprive the owner of the property and the conduct was not the result of mere negligence, administrative oversight, or good-faith error in evidence handling.

  amended