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Status of Current Legislation

Legislative Update

The following are bills presented and/or being heard during the 2020-21 Legislative Session.  These bills could have an impact on POST operations, or be of significant interest to law enforcement partners. It is not a complete list. (Updated 3/17/2020)

Bill # and Author Title and Summary Status of Bill

AB 1599

(Cunningham)

Peace Officers: release of records

Current law deems a record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public as a public record. This bill would also make available for public inspection, pursuant to the California Public Records Act, peace officer or custodial officer personnel records pertaining to a peace officer or custodial officer accused of sexual assault involving a member of the public when the peace officer or custodial officer resigns before the employing agency has concluded its investigation into the sexual assault. By requiring local government entities to provide these additional records, the bill would impose a state-mandated local program.

1/28/2020-In Senate. Read first time. To Com. on RLS. for assignment

AB 1854

(Frazier)

Missing or Murdered Native American Women Task Force

Would create the Missing or Murdered Native American Women Task Force in the Department of Justice, and would provide for the membership of that task force. The bill would require the task force to complete a formal consultation with California’s Native American tribes on how to improve tribal access to databases, to develop recommendations on how to increase state resources for reporting and identifying missing and murdered Native American persons in the state, and to develop a database of nonprofit or nongovernmental organizations that provide aid or support in locating missing Native American persons. The bill would require the task force to submit a report to the Legislature on or before January 1, 2023, detailing improvements to tribal database access, interjurisdictional coordination, and law enforcement resource allocation for cases of missing or murdered Native American persons.

1/17/2020-Referred to Com. on PUB. S.

AB 1945

(Salas)

Emergency services: first responders

Would, for purposes of the California Emergency Services Act, define “first responder” as an employee of the state or a local public agency who provides emergency response services, including a peace officer, firefighter, paramedic, emergency medical technician, public safety dispatcher, public safety telecommunicator, emergency response communication employee, rescue service personnel, or emergency manager.

1/30/2020-Referred to Coms. on G.O. and P.E. & R

AB 2028

(Aguiar-Curry)

State agencies: meetings

The Bagley-Keene Open Meeting Act requires that all meetings of a state body, as defined, be open and public, and that all persons be permitted to attend any meeting of a state body, except as otherwise provided in that act. Current law requires the state body to provide notice of its meeting, including specified information and a specific agenda of the meeting, as provided, to any person who requests that notice in writing and to make that notice available on the internet at least 10 days in advance of the meeting. This bill would, except for closed sessions, require that this notice include all writings or materials provided for the noticed meeting to a member of the state body by staff of a state agency, board, or commission, or another member of the state body, that are in connection with a matter subject to discussion or consideration at the meeting.

2/14/2020-Referred to Com. on G.O.

AB 2093

(Gloria)

Public records: writing transmitted by electronic mail: retention.      

Would, unless a longer retention period is required by statute or regulation, or established by the Secretary of State pursuant to the State Records Management Act, require a public agency, for purposes of the California Public Records Act, to retain and preserve for at least 2 years every public record, as defined, that is transmitted by electronic mail.

3/10/2020-From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (March 10). Re-referred to Com. on APPR

AB 2235

(Gabriel)

Firearms: gun violence restraining orders

Current law authorizes a peace officer to issue, if approved by a judicial officer, a temporary emergency gun violence restraining order on an ex parte basis that restrains a person that the officer reasonably believes poses an immediate danger to themselves or another by having a firearm, from possessing a firearm or ammunition.This bill would make technical, nonsubstantive changes to those provisions

2/14/2020-From printer. May be heard in committee March 15

AB 2236

(Gabriel)

Peace officer training: hate crimes

Current law requires the Commission on Peace Officer Standards and Training (POST) to develop and implement a course of instruction and training for specified peace officers on the topic of hate crimes. Current law requires that training to be implemented into the basic course and requires, as specified, all state and local law enforcement agencies to provide the training to all peace officers they employ. This bill would require the basic course curriculum on the topic of hate crimes to include the viewing of a specified video course developed by POST. The bill would also require POST to make the video available via the online learning portal, and would require all peace officers to view the video no later than January 1, 2022.

3/16/2020-In committee: Hearing postponed by committee.

AB 2340

(Bigelow)

Peace officers: deputy sheriffs

Current law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. This bill would include a deputy sheriff employed by the County of Del Norte, the County of Mono, or the County of San Mateo within that definition of peace officer.

2/24/2020-Referred to Com. on PUB. S

AB 2372

(Irwin)

Coroners and medical examiners.      

Current law sets forth the duties and authority of a county coroner. Current law authorizes a county board of supervisors, by ordinance, to abolish the office of coroner and provide instead for the office of medical examiner, to be appointed by the board and to exercise the powers and perform the duties of the coroner.This bill would express the intent of the Legislature to enact legislation relating to the confidentiality of reports and records of coroners and medical examiners.

2/19/2020-From printer. May be heard in committee March 20.

AB 2532

(Irwin)

Firearms: gun violence restraining orders

Current law, commencing on September 1, 2020, authorizes specified individuals, including a law enforcement officer, or a family member, employer, or coworker of a person, to petition the court to issue an order restraining that person from possessing a firearm, as specified, or to petition the court for the renewal of such an order. This bill would add a district attorney to the list of persons authorized to request the issuance or renewal of these orders

2/27/2020-Referred to Com. on PUB. S

AB 2591

(Ramos)

Peace officers: firearms: establishment serving the public

Current law makes it a misdemeanor for an innkeeper or common carrier of passengers to refuse to receive or entertain any guest or to refuse to receive or carry any passenger without just cause or excuse. Current law makes it a misdemeanor to deny admittance to accommodations to a blind, deaf, or disabled person and that person’s specially trained guide dog, signal dog, or service dog. This bill would make it unlawful for an establishment serving the public to prohibit or otherwise restrict a peace officer from carrying a weapon on the establishment’s premises that the peace officer is authorized to carry, regardless of whether the peace officer is engaged in the actual discharge of the officer’s duties while carrying the weapon.

3/9/2020-Re-referred to Com. on PUB. S.

AB 2616

(Gabriel)

Peace officer training: gun violence restraining orders

Would require the Commission on Peace Officer Standards and Training to develop and implement, on or before January 1, 2022, a course of training for those law enforcement officers regarding gun violence restraining orders. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers on or before January 1, 2022, and would require the course or courses to include specified topics, including the process of filing a petition for a gun violence restraining order and situational training to assist officers in identifying when a gun violence restraining order is appropriate.

3/2/2020-Referred to Com. on PUB. S

AB 2833

(Lackey)

Domestic violence: victim’s information card.      

Current law requires law enforcement agencies to develop and implement written policies for officer responses to domestic violence incidents, including furnishing written notice to victims at the scene in the form of a Victims of Domestic Violence card that contains, among other information, telephone numbers for local hotlines, shelters, and counseling centers. This bill would add the issuance of Victims of Domestic Violence cards as a topic in the course of instruction for the training of law enforcement officers.

3/2/2020-Referred to Com. on PUB. S

AB 2891

(Jones-Sawyer)

Peace officers: California Science Center and Exposition Park.      

Under current law, security officers of the California Science Center are also responsible for providing police and security services, keeping order, and preserving the peace and safety of persons and property at the California Science Center and at Exposition Park on a year-round basis. Under existing law, they are not peace officers but may exercise the powers of arrest of a peace officer during the course and within the scope of their employment, as specified. This bill would grant peace officer status to security officers of the California Science Center. The bill would make other nonsubstantive conforming change

3/5/2020-Referred to Com. on PUB. S

AB 2917

(McCarty)

Department of Justice: law enforcement policies on the use of deadly force

Would require the Attorney General, commencing on July 1, 2023, to create a program within the Department of Justice to review the policies on the use of deadly force of any law enforcement agency, as specified, that requests a review, and to make recommendations

3/5/2020-Referred to Com. on PUB. S

AB 2977

(Wicks)

Correctional officers: training

Would require the Board of State and Community Corrections to develop and implement a program of training on the subject of implicit bias. The bill would require the board to convene a working group, as specified, to develop the 3-hour long course on implicit bias, as described, and would require all state and local correctional officers, parole officers, and probation officers, as specified, to take the course by no later than January 1, 2024.

3/5/2020-Referred to Com. on PUB. S.

AB 3071

(Mullin)

Lead ammunition: shooting ranges

Would prohibit a sport shooting range or an indoor shooting range, as defined, from selling or giving away ammunition unless that ammunition is certified as nonlead ammunition by the commission. The bill would also prohibit patrons or employees of a sport shooting range or an indoor shooting range from firing ammunition unless it is nonlead certified and would require a sport shooting range and an indoor shooting range to post a specified sign to that effect

2/24/2020-Read first time.

AB 3099

(Ramos)

Hate crimes: Native Americans

Would, declarative of existing law, specify that a hate crime includes a criminal act committed, in whole or in part, because of the victim’s actual or perceived Native American or American Indian race, ethnicity, nationality, heritage, tribal membership, or tribal citizenship, and that those crimes may, pursuant to federal law, be enforced by California law enforcement agencies and prosecuted in California courts, regardless of who the perpetrator or victim of the offense is.

3/9/2020-Referred to Com. on PUB. S

AB 3337

(Weber)

Mental health: first responders

Current law authorizes a local or regional law enforcement agency to establish an agencywide network of peers available to aid fellow employees with emotional or professional issues.This bill would state the intent of the Legislature to enact legislation relating to mental health services for first responders

2/24/2020-Read first time.

AB 3341

(Muratsuchi)

Public employment: peace officers

Current law requires peace officers in this state to meet specified minimum standards, including, among other requirements, being of good moral character, as determined by a thorough background investigation. This bill would require that the background investigation for determining moral character use standards defined by the Commission on Peace Officer Standards and Training, as minimum guidelines, before the applicant may be employed or begin training as a peace officer. The bill would make related changes

2/24/2020-Read first time.

SB 388

(Galgiani)

Missing persons: reports: local agencies

Current law requires all local police and sheriffs’ departments to accept reports of missing persons without delay and to use a specified form in order to obtain the release of dental or skeletal X-ray records, as provided. If the missing person is under 21 years of age, or the person is determined to be at risk, existing law requires the police department or sheriff’s department to broadcast a “Be On the Lookout” bulletin and to transmit the report to the Department of Justice, as provided. Under current law, these requirements are not operative in a local jurisdiction if the governing body of a local agency adopts a resolution expressly making these requirements inoperative. This bill would delete the authorization to make the reporting requirements inoperative in a local jurisdiction by resolution, thereby making those requirements mandatory and imposing a state-mandated local program.

1/21/2020-January 21 hearing: Placed on APPR. suspense file. Set for hearing January 23.

SB 776

(Skinner)

College admissions: criminal history inquiry: prohibition

Would prohibit a postsecondary educational institution in this state from inquiring about a prospective student’s criminal history on an initial application form or at any time during the admissions process before the institution’s final decision relative to the prospective student’s application for admission. By imposing new duties on community college districts, this bill would impose a state-mandated local program.

1/21/2020-From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

SB 1047

(Stern)

Workers’ compensation: firefighters and peace officers: post-traumatic stress

Current law provides, only until January 1, 2025, that, for certain state and local firefighting personnel and peace officers, the term “injury” includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit, but applies only to injuries occurring on or after January 1, 2020. Current law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits. This bill would make that provision applicable to active firefighting members of the State Department of State Hospitals, the State Department of Developmental Services, and the Military Department, and to additional peace officers, including security officers of the Department of Justice when performing assigned duties as security officers and the officers of a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, among other officers.

3/11/2020-Set for hearing March 25.

SB 1108

(Hueso)

Senior and disability victimization.      

Would require that all local law enforcement agencies adopt a policy regarding senior and disability victimization on or before January 1, 2022, and to make the policy and all future updates and amendments available to the California Commission on Aging and the state protection and advocacy agency upon request. By expanding the duties of local law enforcement, this bill would impose a state-mandated local program.

3/10/2020-Set for hearing March 31.

SB 1112

(Chang)

Criminal justice: local funding

Would appropriate $50,000,000 from the General Fund to be allocated according to a schedule developed by the Department of Finance, the California Police Chiefs Association, and the California State Sheriffs’ Association to police departments and sheriff’s departments that, among other things, are in jurisdictions with high homeless populations or that wish to fund codeployment teams for crisis intervention. The bill would require the local entities that receive funding under these provisions to report specified data to the Board of State and Community Corrections, and require the board to report to the Legislature by a specified date

2/27/2020-Referred to Com. on PUB. S

SB 1123

(Chang)

Elder and dependent adult abuse

Current law requires local law enforcement agencies and long-term care ombudsman programs to revise or include in their policy manuals, if a policy manual exists, specified information regarding elder and dependent adult abuse, including, among other things, the definition of elder and dependent adult abuse provided by the Department of Justice in its March 2015 policy and procedures manual. This bill would define the term “elder and dependent adult abuse” for the purposes of those provisions and instead require that definition to be included in law enforcement agencies and long-term care ombudsman programs policy manuals

3/10/2020-Set for hearing March 24

SB 1136

(Gonzalez, Lena)

Peace officers: recruitment of women

Would require the Commission on Peace Officer Standards and Training to develop best practice recruiting recommendations and materials that include best practices for recruiting women peace officers. The bill would require the commission to create and make available a guidebook or other material on best practices for peace officer recruitment for recruiting community oriented officers and women peace officers. The bill would also require the commission to distribute a short bulletin via the internet to law enforcement agencies on the topic of best recruitment practices, including recruiting women peace officers.

3/4/2020-Set for hearing March 31.

SB 1338

(Archuleta)

Emergency vehicles: blue warning lights

Current law authorizes specified peace officers, including, among others, probation officers, in the performance of the officers’ duties, to display a steady or flashing blue warning light visible from the front, sides, or rear of their emergency vehicles. Current law requires probation officers to complete a specified classroom training course regarding the operation of emergency vehicles before operating an emergency vehicle with a blue warning light.This bill would make a technical, nonsubstantive change to those provisions.

3/12/2020-Referred to Com. on RLS.

SB 1354

(Hurtado)

Law enforcement agencies: public records

Current law requires the Commission on Peace Officer Standards and Training and each local law enforcement agency to conspicuously post on their internet websites all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the California Public Records Act. This bill would require that information to be posted in English, Spanish, and any other language that is spoken by at least 5% of the population in the jurisdiction of that law enforcement agency

3/12/2020-Referred to Com. on PUB. S

SB 1377

(Morrell)

Emergency vehicles: exhaust systems: exemptions

Current law generally requires a motor vehicle to be equipped with a motor vehicle pollution control device. Current law exempts specified emergency vehicles from this requirement.This bill would also exempt specified emergency vehicles used by a community college, police academy, fire academy, or similar facility solely for the training of emergency response personnel.

3/12/2020-Referred to Com. on TRANS

SB 1392

(Bradford)

Peace officers: basic course of training

Current law requires every peace officer to have satisfactorily completed an introductory training course prescribed by the Commission on Peace Officer Standards and Training. Current law requires each applicant for admission to a basic course of training certified by the commission that includes the carrying and use of firearms, who is not sponsored by a local or other law enforcement agency, or is not a peace officer, to submit written certification to the Department of Justice that the applicant has no criminal history background that would disqualify them from possessing a firearm. This bill would make technical, nonsubstantive changes to these provisions

3/12/2020-Referred to Com. on RLS
*Legend Information on legislative terms / definitions on the California Assembly Chief Clerk's Website