Status of Current Legislation

AB 21

Assembly Member Gipson

 Peace officers: training

Current law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Current law requires POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimer’s disease or dementia.

Introduced: 12/6/2022

Status:5/19/2023-A. 2 YEAR

AB 44

Assembly Member Ramos

California Law Enforcement Telecommunications System: tribal police

Current law establishes the California Law Enforcement Telecommunications System (CLETS) within the Department of Justice to facilitate the exchange and dissemination of information between law enforcement agencies in the state. Current law also establishes a CLETS advisory committee, appointed by the Attorney General, to assist in the management of the system, as specified. This bill would require the department to grant access to the system to the law enforcement agency of a federally recognized Indian tribe meeting certain qualifications, as specified.

Last Amend: 6/14/2023

Status: 5/31/2023-S. PUB. S.

AB 79

Assembly Member Weber

Weapons: robotic devices and unmanned aircrafts.

Would prohibit a person from knowingly manufacturing, modifying, selling, transferring, or operating a robotic device or unmanned aircraft that is equipped or mounted with a weapon, as specified. The bill would make a violation punishable by a fine of at least $1,000 but not more than $5,000. The bill would authorize the Attorney General to bring an action to remedy a violation. The bill would exclude certain entities from these provisions including, among other entities, a defense industrial company that obtains a permit from the Department of Justice, as specified.

Last Amend: 4/19/2023

Status: 4/20/2023-A. 2 YEAR

AB 93

Assembly Member Bryan

Criminal procedure: consensual searches

Would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effects, based solely on a person’s consent, as specified. The bill would specify that consent to conduct a search is not lawful justification for a search.

Last Amend: 5/30/2023

Status: 6/2/2023-A. 2 YEAR

AB 355

Assembly Member Alanis

 Firearms: assault weapons: exception for peace officer training

Current law prohibits the sale, transfer, or possession of a large-capacity magazine, as defined. Current law exempts from this prohibition the sale or transfer to, or the possession by, a peace officer or retired peace officer, as specified, or to or by a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course, as specified. Existing law prohibits the sale, transfer, or possession of an assault weapon, as specified. Current law exempts from this prohibition the sale or transfer of an assault weapon to, or the possession of an assault weapon by, a peace officer, as specified. This bill would also exempt from this prohibition the loaning of an assault weapon to, or the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor.

Last Amend: 3/8/2023

Status: 6/14/2023-S. PUB. S.

AB 360

Assembly Member Gipson

Excited delirium

Would prohibit “excited delirium,” as defined, from being recognized as a valid medical diagnosis or cause of death in this state. The bill would prohibit a coroner or medical examiner from stating on the certificate of death or in any report that the cause of death was excited delirium.

Last Amend: 3/22/2023

Status: 6/6/2023-S. JUD.

AB 390

Assembly Member Haney

Commission on Peace Officers Standards and Training: assessment of training requirements

Would require the Commission on Peace Officer Standards and Training to perform specified duties, including, among other things, partnering with academic researchers to conduct an assessment of existing officer training requirements and determining how well the current officer training requirements are working for officers in the field. The bill would require the commission to report its findings to the Legislature by January 1, 2026.

Introduced: 2/2/2023

Status: 5/19/2023-A. 2 YEAR

AB 443

Assembly Member Jackson

Peace officers: determination of bias

Current law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer. This bill would, commencing January 1, 2026, require the Commission on Peace Officer Standards and Training (POST) to establish a definition of “biased conduct,” as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias, and to determine if any racial profiling occurred, as defined. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants.

Introduced: 2/6/2023

Status:  6/14/2023-S. PUB. S.

AB 449

Assembly Member Ting

Hate crimes: law enforcement policies

Would make adoption of a hate crimes policy by a local law enforcement agency mandatory. The bill would require those policies to include the supplemental hate crime report in the model policy framework developed by the commission and a schedule of hate crime or related trainings the agency conducts. By imposing requirements on local agencies, this bill would impose a state-mandated local program.

Introduced: 5/18/2023

Status: 6/7/2023-S. PUB. S.

AB 458

Assembly Member Jones-Sawyer

Peace officers

Current law requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature by no later than June 1, 2023, outlining a plan to implement the program. Current law requires peace officers in this state to meet specified minimum standards, including age and education requirements. Commencing on January 1, 2028, this bill would require a peace officer to attain a modern policing degree, as specified, or a bachelor’s or other advanced degree from an accredited college or university prior to receiving a basic certificate from the commission.

Last Amend: 3/7/2023

Status: 6/8/2023-S. THIRD READING

AB 462

Assembly Member Ramos

Overdose response teams.

Would, until January 1, 2029, establish the Overdose Response Team Fund, to be available upon appropriation by the Legislature, for the administration of grants by the Board of State and Community Corrections to county sheriffs’ departments’ task forces established for overdose response. The bill would authorize a department receiving a grant to establish and implement overdose response teams with the sheriffs’ departments of those counties. The bill would require the teams to respond to and investigate overdose deaths and nonfatal overdoses. The bill would require counties participating in these programs to send annual reports to the Assembly Committee on Public Safety, including the number of arrests for specified crimes, the amount of fentanyl and opioids seized in each county, and the number of units of opioid antagonists administered, distributed, or recovered at each overdose scene.

Last Amend: 3/2/2023

Status: 5/19/2023-A. 2 YEAR

AB 742

Assembly Member Jackson

Law enforcement: police canines.

Would prohibit the use of an unleashed police canine by law enforcement to apprehend a person unless the person is being pursued for a felony that threatened or resulted in the death of or serious bodily injury to another person and the person poses an imminent danger of death or serious bodily injury to the officer or to another person and any use of a police canine for crowd control. The bill would prohibit a police canine from being used to bite unless there is an imminent threat of death or serious bodily injury to the officer or another person by the person against whom the canine is used. The bill would attribute the death of or serious bodily injury to a person caused by a police canine to the canine‘s handler as constituting deadly force. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.

Last Amend: 5/18/2023

Status: 6/2/2023-A. 2 YEAR

AB 750

Assembly Member Rodriguez

Menace to public health: closure by law enforcement

Current law authorizes specified law enforcement and public safety officers and professionals to close an area where a menace to the public health or safety is created by a calamity, including flood, storm, fire, earthquake, explosion, accident, or other disaster, and makes it a misdemeanor for a person to enter an area closed by law enforcement for this purpose. Current law specifies that these provisions do not prevent a duly authorized representative of a news service, newspaper, or radio or television station or network from entering the areas closed. This bill would further specify that, unless for the safety of a person, a duly authorized representative of a news service, newspaper, or radio or television station or network is not authorized to facilitate the entry of a person into, or facilitate the transport of a person within, an area closed as specified, if that person is not a duly authorized representative of a news service, newspaper, or radio or television station or network.

Last Amend: 4/6/2023

Status: 6/12/2023-A. ENROLLMENT

AB 797

Assembly Member Weber

Local government: police review boards

Current law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Current law also requires each department or agency to keep and maintain records of complaints and investigations, as specified. This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a person’s death.

Last Amend: 3/23/2023

Status: 4/28/2023-A. 2 YEAR

AB 807

Assembly Member McCarty

 Police use of force

Current law requires the state prosecutor to investigate incidents involving a shooting by a peace officer resulting in the death of an unarmed civilian. Current law authorizes the state prosecutor to criminally prosecute any officer that, pursuant to such an investigation, is found to have violated state law. Current law provides that the Attorney General is the state prosecutor unless otherwise specified or named. This bill would require the state prosecutor to investigate incidents in which the use of force by a peace officer results in the death of a civilian without regard to whether the civilian was unarmed.

Introduced: 2/13/2023

Status: 5/19/2023-A. 2 YEAR

AB 856

Assembly Member Nguyen, Stephanie

Peace officers: active shooter and rescue training

Would establish the Statewide Active Shooter and Student Rescue Training Facility for purposes of training sheriff’s departments, municipal police departments, school law enforcement agencies, statewide law enforcement agencies, municipal emergency medical and fire personnel, and school educators and personnel from across the state for preparedness training for active shooter situations at school facilities, as specified. The bill would require the training facility to be located at the Sacramento County Sheriff Department’s Kenneth Royal Range Facility and managed by the Sacramento County Sheriff’s Department. The bill would require training to be conducted by law enforcement officers employed or under contract with the Sacramento County Sheriff’s Department and other regional experts with whom the Sacramento County Sheriff’s Department has entered into a memorandum of understanding. The bill would require all training to be consistent with current Sacramento County Sheriff’s Department policies and adhere to training standards developed by the Commission on Peace Officer Standards and Training.

Last Amend: 3/9/2023

Status: 4/28/2023-A. 2 YEAR

AB 994

Assembly Member Jackson

Law enforcement: social media

Would prohibit a police department or sheriff’s office from sharing, on social media, booking photos of an individual arrested on suspicion of committing any crime unless specified circumstances exist. This bill would also require a police department or sheriff’s office, upon posting a booking photo on social media, to use the name and pronouns given by the individual arrested. The bill would authorize a police department or sheriff’s office to use other legal names or known aliases of an individual in limited specified circumstances.

Last Amend: 5/2/2023

Status: 6/7/2023-S. PUB. S.

AB 1034

Assembly Member Wilson

Law enforcement: facial recognition and other biometric surveillance

Would prohibit a law enforcement agency or law enforcement officer from installing, activating, or using any biometric surveillance system in connection with an officer camera or data collected by an officer camera. The bill would authorize a person to bring an action for equitable or declaratory relief against a law enforcement agency or officer who violates that prohibition. The bill would repeal these provisions on January 1, 2034.

Last Amend:  5/1/2023

Status: 5/24/2023-S. PUB. S.

AB 1090

Assembly Member Jones-Sawyer

County officers: sheriffs

Current law provides for the removal of public officers for willful or corrupt misconduct in office. Current law provides that an accusation in writing against any officer of a district, county, or city for willful or corrupt misconduct in office may be presented by the grand jury of the county for, or in, which the officer accused is elected or appointed. Current law requires that the court pronounce judgment that the officer be removed from office upon a conviction and at the time appointed by the court. This bill would authorize the board of supervisors to remove a sheriff from office for cause, as defined, by a 4/5 vote, after the sheriff is served with a written statement of the alleged grounds for removal and the sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding. The bill would authorize the board of supervisors to establish procedures for a removal proceeding. The bill would require that these provisions not be applied in a manner that interferes with the constitutional functions of a sheriff.

Last Amend: 4/13/2023

Status: 5/5/2023-A. 2 YEAR

AB 1133

Assembly Member Schiavo

Firearms: concealed carry licenses

Current law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, acceptable to the licensing authority. Current law requires the course of training to be no less than 8 hours, include instruction on firearm handling and shooting technique, as specified, and to include live-fire exercises conducted on a firing range. Current law provides that, for license renewal applicants, the course of training may be any course acceptable to the licensing authority, must be no less than 4 hours, and must meet the above-described requirements. This bill would, on and after January 1, 2026, require the Department of Justice to develop, evaluate, update, maintain, and publish a standardized curricula for a license to carry a concealed firearm. The bill would require the department to create a standardized test, as specified, and to make that test available on a web portal. The bill would require an applicant to submit proof of passing that examination as part of an application to carry a concealed firearm. The bill would authorize the department to charge a reasonable fee for taking the standardized test, and require that fee to be used, upon appropriation by the Legislature, for the service, maintenance, and administration of the web portal for the test.

Last Amend: 4/13/2023

Status: 6/7/2023-S. PUB. S.

AB 1299

Assembly Member Jackson

School safety: school resource officers: school police officers: school safety plans

Current law authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and employ peace officers to ensure the safety of school district personnel and pupils, as provided. This bill would require a peace officer, including a school resource officer, or any other law enforcement official acting as a school resource officer, employed by the governing board of a school district to report directly to the principal of the school while on the school campus, except as provided.

Last Amend: 3/30/2023

Status: 4/28/2023-A. 2 YEAR

AB 1435

Assembly Member Lackey

Department of the California Highway Patrol: officers: age limit

Current law establishes the maximum age limit for a person who may qualify for appointment to the position of entry level peace officer of the Department of the California Highway Patrol at 35 years of age.This bill would raise that maximum age limit to 40 years.

Last Amend: 3/16/2023

Status: 6/14/2023-S. PUB. S.

SB 50

Senator Bradford

Vehicles: enforcement

Under current law, it is unlawful to disobey the lawful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code. Current case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the Fourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under current case law, the decision to stop an automobile is reasonable if the police have probable cause to believe that a traffic violation has occurred. Current case law holds that constitutional reasonableness of traffic stops does not depend on the actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred. This bill would prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, as defined, unless a separate, independent basis for a stop exists. The bill would authorize a peace officer who does not have grounds to stop a vehicle or bicycle, but can determine the identity of the owner, to send a citation or warning letter to the owner.

Last Amend: 5/18/2023

Status: 6/15/2023-A. PUB. S.

SB 400 

Senator Wahab

Peace officers: confidentiality of records

The California Public Records Act generally requires public records to be open for inspection by the public. Current law provides numerous exceptions to this requirement. Under current law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Current law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. This bill would clarify that this confidentiality does not prohibit an agency that formerly employed a peace officer or custodial officer from disclosing the termination for cause of that officer, as specified.

Last Amend: 6/14/2023

Status: 6/15/2023-A. THIRD READING

SB 449

Senator Bradford

Peace officers: Peace Officer Standards Accountability Advisory Board

Current law defines “certification” as a valid and unexpired basic certificate or proof of eligibility to serve as a peace officer issued by the Commission on Peace Officer Standards and Training. The bill would redefine “certification” to mean any and all valid and unexpired certificates issued by the commission, as specified.

Last Amend: 5/25/2023

Status: 6/15/2023-A. PUB. S.

SB 719

Senator Becker

Law enforcement agencies: radio communications.

Current law establishes the California Law Enforcement Telecommunications System (CLETS) to make specified criminal justice databases, including individual criminal histories, wanted and missing persons, and stolen firearms, vehicles, and property, available to participating law enforcement agencies. Current law prohibits unauthorized access to CLETS and the unlawful use of CLETS information by authorized users. Current law authorizes the Attorney General to adopt policies, procedures, and practices related to the use of CLETS. These rules require a participating agency to restrict access to CLETS and define “access” as the ability to see or hear any information obtained from CLETS. This bill would require a law enforcement agency, including the Department of the California Highway Patrol, municipal police departments, county sheriff’s departments, specified local law enforcement agencies, and specified university and college police departments, to, by no later than January 1, 2024, ensure public access, in real time, to the radio communications of that agency, as specified.

Last Amend: 3/29/2023

Status: 5/19/2023-S. 2 YEAR

SB 852

Senator Rubio

Searches: supervised persons

Current law authorizes courts to suspend the imposition or execution of punishments in misdemeanor cases and instead enforce the terms of probation. Current law authorizes the conditions of probation to include a waiver of the person’s right to refuse searches. This bill would clarify that a search of a person who is granted probation and subject to search or seizure must be performed only by a probation officer or other peace officer.

Last Amend: 6/7/2023

Status:  6/14/2023-A. THIRD READING