Sheriffs and Police Chiefs Eligibility
HB 1399 | SB 5364
The Problem
Outdated and inconsistent laws governing sheriffs, chiefs, and marshals have led to a lack of clarity and consistency regarding their qualifications, accountability standards, and the use of volunteers. While these law enforcement leaders are subject to the standards outlined for all peace officers, the separate laws specifically addressing their roles are not always aligned with these standards or with each other.
The Solution
This bill clarifies the laws to ensure that all sheriffs, chiefs, and marshals are held to the same standards, regardless of whether they are appointed or elected, whether their office is partisan or non-partisan, or the size of the jurisdiction.
Key Provisions
Standardized Accountability, Certification, and Background Checks:
The bill clarifies that the same accountability standards for all peace officers apply to all sheriffs, police chiefs, and marshals.
Consequences for Decertification
The bill establishes a clear process for filling vacancies when a sheriff, chief, or marshal is decertified or fails to maintain certification. This includes provisions for both elected and appointed officials, regardless of whether their office is partisan or non-partisan.
Strengthened Background Checks
The bill mandates that all non-incumbent candidates for sheriff, chief, and marshal must pass a background check. Candidates must complete the background check before their name can appear on the ballot or before they can be appointed.
Regulation of Volunteers
The bill limits the use of volunteers to functions that do not involve law enforcement authority or carrying firearms or other weapons unless they are certified peace officers. It requires sheriffs, chiefs, and marshals to establish policies governing volunteer activities and ensure compliance with those policies.
Updated Eligibility Requirements
The bill aligns the criteria for sheriffs and chiefs to serve, including a minimum age requirement of 25, graduation from high school or a GED, no convictions for dishonesty, fraud, or corruption, and not engaging in conduct requiring revocation or denial of certification.
