The House Appropriations Committee adopted a striking amendment on a bill that provides increased oversight and accountability of law enforcement officers. The bill now heads to the House floor for a vote.
SB 5051 expands background investigations for applicants of law enforcement and corrections officer positions and broadens the grounds
for officer decertification. Language adopted in the Appropriations committee includes the following changes:
- Modifies officer background investigation requirements.
- Makes an exception to the requirement that an applicant submit to a background investigation following a 24-month lapse in service if the lapse is due to a recall to military service.
- Modifies requirements relating to checking impeachment disclosure lists and affiliation with extremist organizations to apply to applicants for peace officer, reserve officer, and corrections officer positions, rather than just peace officer
positions, and to specify that extremist organizations include those defined as such by the Criminal Justice Training Commission (CJTC).
- Requires a review of the applicant's social media accounts.
- Provides that the CJTC may establish standards for background check requirements.
- Narrows the provisions relating to suspension of certification.
- Removes the authority of the CJTC to suspend certification pending a decertification hearing.
- Removes the CJTC's authority to immediately suspend certification pending employing agency proceedings following a required notice by the employing agency to the CJTC.
- Requires that suspensions or probation imposed by the CJTC run concurrently to any leave or discipline imposed by the employing agency for the same incident.
- Modifies the provisions describing the factors the CJTC must take into consideration in determining appropriate sanctions in a decertification matter and includes a requirement to consider sanctions or training ordered by the law enforcement agency
regarding the alleged misconduct.—rather than only conduct—an investigation when there is an indication that an officer was laid off pending a disciplinary investigation or resigned or retired in anticipation of discipline that would
likely lead to suspension or discharge.
- Requires employing agencies to complete—rather than only conduct—an investigation when there is an indication that an officer was laid off pending a disciplinary investigation or resigned or retired in anticipation of discipline that would
likely lead to suspension or discharge.
- Adds affiliation with one or more extremist organizations to the list of non-mandatory decertification grounds. to 21.
- Increases the composition of CJTC membership from 17 to 21.
- Requires the CJTC, in collaboration with interested parties, to develop a set of policies, procedures, and rules by June 30, 2022, to ensure that the goals of the act are fully implemented, and to provide clarity as to how the CJTC will process complaints,
investigations, and hearings, and impose sanctions.
AWC supports the proposed changes to the bill and appreciates the work of the House Appropriations Committee members to write and pass the amendment.