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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 1196

(Gipson)

Community schools: California Community Schools Act (Placeholder Bill: To be Amended)

Would establish the California Community Schools Act, which would require the State Department of Education to make 3-year grants available to applicant school districts, county offices of education, and charter schools to plan and operate California Community Schools under the program, as provided. The bill would require a grant recipient to establish a community school leadership team and hire a community school coordinator, and would require the community school coordinator, in collaboration with the community school leadership team and others, to conduct a needs and assets assessment at the schoolsite and to develop a community school plan within prescribed timeframes.

1/30/2020-Read third time. Passed. Ordered to the Senate. In Senate. Read first time. To Com. on RLS. for assignment.

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.

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 1/17/2020)

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, or emergency response communication employee.

6/9/2020-In Senate. Read first time. To Com. on RLS. for assignment.

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.

6/9/2020-In Senate. Read first time. To Com. on RLS. for assignment.

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.

DEAD, 6/5/2020-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. on 3/10/2020)

AB 2235

(Gabriel)

Firearms: gun violence restraining orders

Would require the Department of Justice to carry out various duties relating to documenting and responding to hate crimes, including conducting reviews of all law enforcement agencies every 3 years to evaluate the accuracy of hate crime data provided and agencies’ hate crime policies, implementing a school-based program in conjunction with school districts and local law enforcement agencies aimed at educating students regarding how to report all suspected hate crimes to prevent future hate crimes, submitting specified hate crime reports to the Federal Bureau of Investigation for inclusion in the national crime repository for crime data, and sending advisory notices to law enforcement agencies when the department determines that hate crimes are being committed in multiple jurisdictions.ns

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 4/24/2020)

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 POST to develop and periodically update an interactive refresher course on hate crimes for in-service peace officers, and require specified peace officers to take the course every 5 years.

DEAD, 6/5/2020-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. SUSPENSE FILE on 6/2/2020)

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.

5/27/2020-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2372

(Irwin)

Coroners and medical examiners.      

Would, except as provided, prohibit the disclosure of any report of death, autopsy report, investigation summary, toxicology report, coroner’s register, file or other record, working paper, or note relating to a postmortem examination or autopsy of a decedent. The bill would allow disclosure to, among others, the decedent’s next of kin, personal representative, parent, child, grandparent, grandchild, sibling, spouse, or domestic partner if certain evidence of identity is provided, including a declaration under penalty of perjury.

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 4/24/2020)

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 authorize a district attorney, county counsel, or city attorney to file a petition on behalf of a law enforcement officer, requesting the issuance or renewal of these orders, and to represent an officer in any subsequent court proceeding related to the issuance or renewal of the order.

6/10/2020-Read third time. Passed. Ordered to the Senate.

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.

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 3/5/2020)

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.

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 3/2/2020)

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.

DEAD, 6/5/2020-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. SUSPENSE FILE on 6/2/2020)

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

6/8/2020-Read second time. Ordered to third reading.

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

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 3/5/2020)

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.

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 3/5/2020)

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

DEAD, 6/5/2020-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. W.,P. & W. on 4/24/2020)

AB 3099

(Ramos)

Department of Justice: law enforcement assistance with tribal issues.​

Current law establishes a Rural Indian Crime Prevention Program to provide grants to local law enforcement agencies to provide training to officers and to provide specified services to Native American persons and communities. This bill would require the department, upon an appropriation of funds by the Legislature, to provide assistance to law enforcement agencies, as specified, relating to tribal issues, including homicides and missing persons cases.

6/10/2020-Read third time. Passed. Ordered to the Senate.

AB 3202

McCarty

Peace officers: leave of absence.

Would require the Commission on Peace Officer Standards and Training to create a workgroup consisting of appropriate stakeholders to study the appropriate leave of absence policies for a peace officer after a traumatic event has occurred in the course of the peace officer’s duties.

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 4/24/2020)

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

DEAD, 6/5/2020-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/21/2020)

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

DEAD, 6/5/2020-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/21/2020)

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.

1/27/2020-Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk

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.

1/27/2020-Read third time. Passed. (Ayes 30. Noes 6.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.

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.

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L., P.E. & R. on 2/27/2020)

SB 1089

(Archuleta)

Law enforcement: training policies.

Current law establishes the Commission on Peace Officer Standards and Training in the Department of Justice and requires the commission to adopt rules establishing minimum standards regarding the recruitment of peace officers. Existing law requires the commission to develop guidelines and implement courses of instruction regarding racial profiling, domestic violence, hate crimes, vehicle pursuits, and human trafficking, among others. Current law requires the commission to implement a course or courses of instruction for the regular and periodic training of law enforcement officers in the use of force. This bill would make a technical, nonsubstantive change to those provisions.

2/27/2020-Referred to Com. on RLS.

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.

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 2/27/2020)

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

6/11/2020-Action From CONSENT CALENDAR: Read third time.Passed Senate to ASSEMBLY.

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.

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 2/27/2020)

SB 1220

(Umberg)

Peace and custodial officers.

Would, on and after January 1, 2022, require any state or local law enforcement agency maintaining personnel records of peace officers and custodial officers to, upon request, provide a prosecuting agency a list of names and badge numbers of officers employed by the agency in the 5 years preceding the request who meet specified criteria, including, among other things, that the officer has had sustained findings for conduct of moral turpitude or bias against a protected class or that the officer is on probation for a criminal offense. The bill would require the prosecuting agency to keep this list confidential, except as constitutionally required.

6/9/2020-June 9 hearing: Placed on APPR. suspense file.

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

DEAD, 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 3/12/2020)

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.

DEAD, 6/5/2020-Failed Deadline pursuant to Rule 61(b)(6). (Last location was S. TRANS. on 3/12/2020)

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