Section 1031 - Standards for employees declared by law to be peace officers Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:
(a) Be legally authorized to work in the United States under federal law.(b) Be 18 years of age or older.(c) Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.(d) Be of good moral character, as determined by a thorough background investigation.(e) Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using state or local government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED or Cognia, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).(f) Be found to be free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer.(1) Physical condition shall be evaluated by a licensed physician and surgeon.(2) Emotional and mental condition shall be evaluated by either of the following: (A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.(B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate. The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.
(g) This section shall not be construed to preclude the adoption of additional or higher standards, including age.(h) This section shall be interpreted and applied consistent with federal law and regulations. This section shall not be construed to permit an employer to override or bypass work authorization requirements stated in Section 274a.2 of Title 8 of the Code of Federal Regulations.Amended by Stats 2022 ch 959 (AB 2229),s 1.5, eff. 9/30/2022, op. 1/23/2023.Amended by Stats 2022 ch 825 (SB 960),s 1, eff. 1/1/2023.Amended by Stats 2022 ch 959 (AB 2229),s 1, eff. 9/30/2022.Amended by Stats 2022 ch 197 (SB 1493),s 4, eff. 1/1/2023. Not implemented per s 40. Amended by Stats 2021 ch 434 (SB 827),s 1, eff. 1/1/2022.Amended by Stats 2021 ch 296 (AB 1096),s 27, eff. 1/1/2022.Amended by Stats 2020 ch 322 (AB 846),s 1, eff. 1/1/2021.Amended by Stats 2015 ch 499 (SB 795),s 1, eff. 1/1/2016.Amended by Stats 2008 ch 699 (SB 1241),s 5, eff. 1/1/2009.Added by Stats 2003 ch 777 (AB 1669),s 4, eff. 1/1/2004, op. 1/1/2005.Repealed by Stats 2003 ch 777 (AB 1669),s 3, eff. 1/1/2005.Amended by Stats 2003 ch 777 (AB 1669),s 3, eff. 1/1/2004.Amended by Stats 2001 ch 29 (AB 1152), s 1, eff. 1/1/2002.