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Status of Current Legislation

Legislative Update

The following are final outcomes of bills from the 2021-22 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. The Legislature is on recess until January 3, 2022. (Updated 10/12/2021)

Bill # and Author Title and Summary Status of Bill

AB 17

(Cooper)

Peace officers: disqualification from employment

Would disqualify a person from being a peace officer if the person has been discharged from the military for committing an offense that would have been a felony if committed in California or if the person has been certified as a peace officer and has had that certification revoked by the Commission on Peace Officer Standards and Training.

4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/11/2021)(May be acted upon Jan 2022)

AB 26

(Holden)

Peace officers: use of force.      

Current law requires each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Current law requires that policy, among other things, to require that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be unnecessary, and to require that officers intercede when present and observing another officer using force that is clearly beyond that which is necessary, as specified. This bill would require those law enforcement policies to require those officers to immediately report potential excessive force, and to intercede when present and observing an officer using excessive force, as defined.

9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 403, Statutes of 2021

AB 29

(Cooper)

State bodies: 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 require that notice to include all writings or materials provided for the noticed meeting to a member of the state body by the 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.

5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/21/2021)(May be acted upon Jan 2022)

AB 48

(Gonzalez)

Law enforcement: kinetic energy projectiles and chemical agents

Would prohibit the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be used to defend against a threat to life or serious bodily injury to any individual, including a peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control.

9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 404, Statutes of 2021

AB 57

(Gabriel)

Hate Crimes

 Current law requires any local law enforcement agency that adopts or updates a hate crime policy to include specified information in that policy, including information on bias motivation.This bill would include a statement of legislative findings and declarations and require the basic course curriculum on the topic of hate crimes to be developed in consultation with subject matter experts, as specified. The bill would, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, require the Commission on Peace Officer Standards and Training (POST) to update the basic course 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 complete specified training materials no later than one year after the commission makes the updated course available. The bill would require POST to develop and periodically update an interactive course on hate crimes for in-service peace officers, and require officers to take the course every 6 years.

10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 691, Statutes of 2021

AB 60

(Salas)

Law enforcement

Would disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated by a military tribunal as having committed an offense that would have been a felony if committed in this state. The bill would also disqualify any person who has been certified as a peace officer by the Commission on Peace Officer Standards and Training and has had that certification revoked by the commission.

4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/11/2021)(May be acted upon Jan 2022)

AB 89

(Jones-Sawyer)

 Peace officers: minimum qualifications

Current law requires the Commission on Peace Officer Standards and Training (POST) to establish a certification program for specified peace officers, including officers of the Department of the California Highway Patrol. Current law requires the commission to establish basic, intermediate, advanced, supervisory, management, and executive certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Current law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. This bill would require the office of the Chancellor of the California Community Colleges to develop a modern policing degree program, with the commission and other stakeholders to serve as advisors, as specified, and to submit a report on recommendations to the Legislature outlining a plan to implement the program on or before June 1, 2023.

9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 405, Statutes of 2021

AB 118

(Kamlager)

 Department of Social Services: C.R.I.S.E.S. Grant Pilot Program.

Would enact the Community Response Initiative to Strengthen Emergency Systems Act, or the C.R.I.S.E.S. Act, for purposes of creating, implementing, and evaluating the C.R.I.S.E.S. Grant Pilot Program, which the act would establish. The bill would require the department to administer the program if appropriate funding is made available to the department. The bill would require the department to award grants to qualified grantees, which include city, county, and tribal departments of social services, disability services, health services, public health, or behavioral health, based on grant eligibility criteria developed in partnership with a stakeholder workgroup.

10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 694, Statutes of 2021

AB 122

(Boerner Horvath)

Vehicles: required stops: bicycles.      

Would, until January 1, 2028, require a person riding a bicycle, when approaching a stop sign at the entrance of an intersection, to yield the right-of-way to any vehicles that have either stopped at or entered the intersection, or that are approaching on the intersecting highway close enough to constitute an immediate hazard, and to pedestrians, as specified, and continue to yield the right-of-way to those vehicles and pedestrians until reasonably safe to proceed. The bill would require other vehicles to yield the right-of-way to a bicycle that, having yielded as prescribed, has entered the intersection. The bill would state that these provisions do not affect the liability of a driver of a motor vehicle as a result of the driver’s negligent or wrongful act or omission in the operation of a motor vehicle.

10/8/2021-Vetoed by Governor.

AB 216

(Ramos)

Peace officers: firearms: establishment serving the public.      

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. The bill would make a first offense punishable as an infraction by a fine not exceeding $500, and as a misdemeanor for a 2nd or subsequent violation, punishable by imprisonment in a county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program.

4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/28/2021)(May be acted upon Jan 2022)

AB 229

(Holden)

Use of force instruction: private security guards: alarm company responders.      

Current law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Director of Consumer Affairs, and makes a violation of its provisions a crime. Existing law requires a licensee or qualified manager of a licensee who carries a deadly weapon in the course of that person’s employment or business to complete a training course in the exercise of the power to arrest. This bill, on and after January 1, 2023, would eliminate that requirement.

10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 697, Statutes of 2021

AB 261

(Seyarto)

Authorized emergency vehicles

Would permit an authorized emergency vehicle to operate on an HOV lane if specified conditions are met, including, among others, that the vehicle is being driven while responding to, or returning from, an urgent or emergency call and the driver of the vehicle determines that the use of the HOV lane will likely improve the arrival time of the authorized emergency vehicle and its delivery of essential public safety services.

4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was TRANS. on 1/28/2021)(May be acted upon Jan 2022)

AB 266

(Cooper)

Violent felonies: hate crimes

Current law classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Current law imposes an additional one-year term for a sexually violent felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. This bill would additionally define felony hate crimes as a violent felony, as specified. By increasing the punishment for a crime, this bill would impose a state-mandated local program

4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 1/15/2021)(May be acted upon Jan 2022)

AB 275

(Medina)

Classified community college employees.      

Current law requires the governing board of a community college district to prescribe written rules and regulations governing the personnel management of the classified service, whereby classified employees are designated as permanent employees of the district after serving a prescribed period of probation that is prohibited from exceeding one year. This bill would shorten the maximum length of a prescribed period of probation for classified employees of a community college district to 6 months or 130 days of paid service, whichever is longer, except that a full-time peace officer or public safety dispatcher employed by a community college district operating a dispatch center certified by the Commission on Peace Officer Standards and Training would be required to serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position to be designated as a permanent employee of the district. These changes would not apply to a conflicting collective bargaining agreement entered into before January 1, 2022, until the expiration or renewal of that collective bargaining agreement.

10/6/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 556, Statutes of 2021

AB 395

(Lackey)

Unlawful entry of a vehicle

Would make forcibly entering a vehicle, as defined, with the intent to commit a theft therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program.

5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/14/2021)(May be acted upon Jan 2022)

AB 473

(Chau)

California Public Records Act.      

The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would recodify and reorganize the provisions of the act. The bill would include provisions to govern the effect of recodification and state that the bill is intended to be entirely nonsubstantive in effect. The bill would contain related legislative findings and declarations. The bill would become operative on January 1, 2023.

10/7/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 614, Statutes of 2021

AB 481

(Chiu)

Law enforcement agencies: military equipment: funding, acquisition, and use

Would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022.

 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 406, Statutes of 2021

AB 483

(Jones-Sawyer)

Peace officers: California Science Center and Exposition Park

Would grant peace officer status to security officers of the California Science Center, and would clarify the training requirements for those peace officers. The bill would make other nonsubstantive conforming changes.

9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 411, Statutes of 2021

AB 490

(Gipson)

Law enforcement agency policies: arrests: positional asphyxia.      

Would prohibit a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined.By requiring local agencies to amend use of force policies, this bill would impose a state-mandated local program.

 9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 407, Statutes of 2021

AB 557

(Muratsuchi) 

Hate crimes: hotline.

Would require the Attorney General to establish, maintain, and publicize a toll-free public hotline telephone number for the reporting of hate crimes, and for the dissemination of information about the characteristics of hate crimes, protected classes, civil remedies, and reporting options, as specified. The bill would require the Attorney General to post, maintain, and publicize a reporting form for hate crimes and hate incidents on their internet website that can be completed and submitted online. The bill would require the Attorney General’s internet website to provide the public with specified information.

9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/8/2021)(May be acted upon Jan 2022)

AB 594

(McCarty)

Law enforcement policies

Current law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency. Current law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified. deadly use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from having primary responsibility for conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorney’s office, another law enforcement agency, or a multidisciplinary and multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation.

5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/14/2021)(May be acted upon Jan 2022)

AB 603

(McCarty)

Law enforcement settlements and judgments: reporting

Would require municipalities, as defined, to annually post on their internet websites specified information relating to settlements and judgments resulting from allegations of improper police conduct, including, among other information, amounts paid, broken down by individual settlement and judgment, and information on bonds used to finance use of force settlement and judgment payments. The bill would require the Transportation Agency to annually post the same information on its internet website regarding settlements and judgments against the Department of the California Highway Patrol. By increasing requirements for local governments, this bill would impose a state-mandated local program.

10/8/2021-Vetoed by Governor

AB 655

(Kalra)

California Law Enforcement Accountability Reform Act

Current law requires that a candidate for a peace officer position be of good moral character, as determined by a thorough background investigation.This bill would require that background investigation to include an inquiry into whether a candidate for specified peace officer positions has engaged in membership in a hate group, participation in hate group activities, or public expressions of hate, as those terms are defined. The bill would provide that certain findings would disqualify a person from employment.

5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/28/2021)(May be acted upon Jan 2022)

AB 662

(Rodriguez)

Mental health: dispatch and response protocols: working group

Would require the California Health and Human Services Agency to convene a working group, as specified, no later than July 1, 2022, to examine the existing dispatch and response protocols when providing emergency medical services to an individual who may require evaluation and treatment for a mental health disorder. The bill would require the working group to develop recommendations for improvements to those dispatch and response protocols and recommend amendments to existing law, including, but not limited to, the provisions governing involuntarily taking an individual into temporary custody for a mental health evaluation and treatment. The bill would require the working group to submit periodic reports to the Legislature every 6 months to update the Legislature on its progress, and to submit a final report of its recommendations to the Legislature on or before January 1, 2024.

6/4/2021-Failed Deadline pursuant to Rule 61(a)(8). (Last location was INACTIVE FILE on 6/3/2021)(May be acted upon Jan 2022)

AB 669

(Lackey)

Firearms: unsafe handguns

Current law prohibits the manufacture, importation, sale, or transfer of an unsafe handgun, as defined. Current law exempts from this prohibition sales to specified law enforcement agencies or other specified government agencies for use by specified employees and sales to specified peace officers. Current law further requires that the sale of an unsafe handgun to certain specified entities, including a county probation department, and members of those entities, is only authorized if the handgun is to be used as a service weapon by a peace officer who has successfully completed the basic course prescribed by the Commission on Peace Officer Standards and Training (POST) and who qualifies with the handgun, as specified, at least every 6 months. This bill would instead exempt sales to or purchases by a county probation department and sworn members thereof who have completed specified firearms training prescribed by POST.

7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was PUB. S. on 6/9/2021)(May be acted upon Jan 2022)

AB 718

(Cunningham)

Peace officers: investigations of misconduct

Would require a law enforcement agency or oversight agency to complete its investigation into an allegation of the use of force resulting in death or great bodily injury, sexual assault, discharge of a firearm, or dishonesty relating to the reporting, investigation, or prosecution of a crime or misconduct by another peace officer or custodial officer, despite the peace officer’s or custodial officer’s voluntary separation from the employing agency. The bill would require the investigation to result in a finding that the allegation is either sustained, not sustained, unfounded, or exonerated, as defined. The bill would also require an agency other than an officer’s employing agency that conducts an investigation of these allegations to disclose its findings with the employing agency no later than the conclusion of the investigation.

8/27/2021-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 7/5/2021)(May be acted upon Jan 2022)

AB 759

(McCarty)

Elections: county officers.      

The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Current law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Current law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected. This bill would instead require the election to select county officers to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to the presidential general election. The bill would make these provisions operative on January 1, 2023.

9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/8/2021)(May be acted upon Jan 2022)

AB 779

(Bigelow)

Peace officers: deputy sheriffs

Under current law, in certain counties, including the counties of Butte and Calaveras, a deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of the officer’s employment and for the purpose of carrying out the primary function of employment relating to the officer’s custodial assignments, or when performing other law enforcement duties directed by the officer’s employing agency during a local state of emergency. This bill would include a deputy sheriff employed by the County of Del Norte, the County of Madera, the County of Mono, or the County of San Mateo within that definition of peace officer.

10/6/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 588, Statutes of 2021

AB 876

(Gabriel)

Law Enforcement      

Would require all handguns, with the exception of revolvers, as defined, purchased on or after July 1, 2023, that are owned, used, possessed, or otherwise carried by state, county, city, or other law enforcement officers while on duty to be microstamped within 90 days of purchase or acquisition. The bill would also require all handguns used by any state, county, city, or other law enforcement officer while on duty to be entered into AFS via CLETS within 90 days of acquisition.

5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/28/2021)(May be acted upon Jan 2022)

AB 884

(Patterson)

State agencies: audits

Current law requires all state and local agencies with an aggregate spending of $50,000,000 or more annually to consider establishing an ongoing audit function.This bill would require all state agencies with an aggregate spending of $50,000,000 or more annually to establish an ongoing audit function.

5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/5/2021)(May be acted upon Jan 2022)

AB 885

(Quirk)

Bagley-Keene Open Meeting Act: teleconferencing.      

Would require a state body that elects to conduct a meeting or proceeding by teleconference to make the portion that is required to be open to the public both audibly and visually observable. The bill would require a state body that elects to conduct a meeting or proceeding by teleconference to post an agenda at the designated primary physical meeting location in the notice of the meeting where members of the public may physically attend the meeting and participate. The bill would extend the above requirements of meetings of multimember advisory bodies that are held by teleconference to meetings of all multimember state bodies. The bill would require a multimember state body to provide a means by which the public may both audibly and visually remotely observe a meeting if a member of that body participates remotely.

4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was G.O. on 2/25/2021)(May be acted upon Jan 2022)

AB 931

(Villapudua)

Peace officer training: duty to intercede.      

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. Current law requires the course or courses of the regular basic course for law enforcement officers to include, among other things, training on the duty to intercede. This bill would require the commission to model that training on the duty to intercede on a specified program, and would require the training to include both classroom instruction and extensive simulator-based training or live scenario-based training.

7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was PUB. S. on 6/16/2021)(May be acted upon Jan 2022)

AB 958

(Gipson)

Peace officers: law enforcement gangs

Current laws defines those persons who are peace officers, the entities authorized to appoint them, and the scope of their authority. Current law prescribes certain minimum standards for a person to be appointed as a peace officer, including training requirements, moral character, and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction. Current law requires a department or agency that employs peace officers to establish a procedure to investigate complaints by members of the public against those officers. This bill would define a law enforcement gang, a group of law enforcement officers within an agency that engages in a pattern of specified unlawful or unethical on-duty behavior, and would require law enforcement agencies to have a policy prohibiting law enforcement and making participation, as specified, in a law enforcement gang grounds for termination.

9/30/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 408, Statutes of 2021.

AB 1356

(Bauer-Kahan)

Reproductive health care services

Current law prohibits a person, business, or association from knowingly publicly posting or displaying on the internet the home address or home telephone number of a provider, employee, volunteer, or patient of a reproductive health care services facility, or of persons residing at the same home address as a provider, employee, volunteer, or patient of a reproductive health care services facility, with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, if the 3rd person is likely to commit this harm, or to threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person’s or coresident’s personal safety. Current law establishes a cause of action for damages and declaratory relief for violations. This bill would instead prohibit a person, business, or association from knowingly publicly posting, displaying, disclosing, or distributing the personal information, as defined, or image, of a reproductive health services patient, provider, or assistant, as defined, without that person’s consent and with the above-specified intent.

9/22/2021-Chaptered by Secretary of State - Chapter 191, Statutes of 2021.

AB 1475

(Low)

Law enforcement: social media

Would prohibit, except as specified, a police department or sheriff’s office from sharing, on social media, booking photos of an individual arrested on suspicion of committing a nonviolent crime, as defined. The bill would require a police department or sheriff’s office that shares, on social media, photos or the identity of an individual arrested for the suspected commission of any crime to remove the information from its social media page, upon request as specified, if the individual’s record has been sealed, the individual’s conviction has been dismissed, expunged, pardoned, or eradicated pursuant to law, the individual has been issued a certificate of rehabilitation, or the individual is found not guilty of committing the crime for which they were arrested.

7/23/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 126, Statutes of 2021.

SB 2

(Bradford)

Peace officers: certification: civil rights

Under current law, the Tom Bane Civil Rights Act, if a person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney, is authorized to bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the exercise or enjoyment of the right or rights secured. Current law also authorizes an action brought by the Attorney General, or any district attorney or city attorney, to seek a civil penalty of $25,000. Current law also allows an individual whose exercise or enjoyment of rights has been interfered with to prosecute a civil action for damages on their own behalf. This bill would eliminate certain immunity provisions for peace officers and custodial officers, or public entities employing peace officers or custodial officers sued under the act.

9/30/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 409, Statutes of 2021.

SB 16

(Skinner)

Peace officers: release of records

Would make every incident involving force that is unreasonable or excessive, and any sustained finding that an officer failed to intervene against another officer using unreasonable or excessive force, subject to disclosure. The bill would require records relating to sustained findings of unlawful arrests and unlawful searches to be subject to disclosure. The bill would also require the disclosure of records 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 conduct involving prejudice or discrimination on the basis of specified protected classes. The bill would make the limitations on delay of disclosure inapplicable until January 1, 2023, for the described records relating to incidents that occurred before January 1, 2022.

9/30/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 402, Statutes of 2021.

SB 82

(Skinner)

Petty theft

Would define the crime of petty theft in the first degree as taking the property from the person of another or from a commercial establishment by means of force or fear without the use of a deadly weapon or great bodily injury. The bill would specifically exclude from the crime of petty theft in the first degree acting in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. The bill would define the crime of petty theft in the 2nd degree as all other petty theft. The bill would impose a penalty of imprisonment in county jail for up to one year, a $1,000 fine, or both, for petty theft in the first degree and would prohibit an act of petty theft from being charged as robbery or burglary

5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/5/2021)(May be acted upon Jan 2022)

SB 98

(McGuire)

Public peace: media access      

Would, if peace officers close the immediate area surrounding any emergency field command post or any other command post, or establish a police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged primarily in constitutionally protected activity, as described, require that a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network, as described, be allowed to enter those closed areas and would prohibit a peace officer or other law enforcement officer from intentionally assaulting, interfering with, or obstructing a duly authorized representative who is gathering, receiving, or processing information for communication to the public.

10/9/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 759, Statutes of 2021.

SB 271

(Wiener)

County sheriffs: eligibility requirements

The California Constitution requires the Legislature to provide for an elected county sheriff in each county. Current statutory law specifies that a person is not eligible to become a candidate for the office of sheriff in a county unless the person has an advanced certificate issued by the Commission on Peace Officer Standards and Training or meets a combination of certain educational degree and full-time, salaried law enforcement experience requirements, as specified. Current law deems a person holding the office of sheriff on January 1, 1989, to have met those qualifications. This bill would repeal those eligibility provisions, and would make other conforming changes.

5/7/2021-Failed Deadline pursuant to Rule 61(a)(3). (Last location was GOV. & F. on 3/16/2021)(May be acted upon Jan 2021)

SB 284

(Stern)

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

Current law, under the workers’ compensation system, 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. Existing 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, the Military Department, and the Department of Veterans Affairs, 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.

9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 8/30/2021)(May be acted upon Jan 2022)

SB 299

(Leyva)

Victim compensation: use of force by a law enforcement officer

Current law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Current law defines various terms for purposes of these provisions, including “crime,” which includes any public offense wherever it may take place that would constitute a misdemeanor or felony. This bill would revise the definition of “crime” to include any public offense described above regardless of whether any person is arrested for, charged with, or convicted of the commission of the crime.

9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/10/2021)(May be acted upon Jan 2022)

SB 387

(Portantino)

Peace officers: certification, education, and recruitment

Current law requires the Commission on Peace Officer Standards and Training to establish a certification program for peace officers. Current law requires the commission to establish basic, intermediate, advanced, supervisory, management, and executive certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Existing law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. This bill would require the commission to work with stakeholders from law enforcement, the University of California, the California State University, the California Community Colleges, and community organizations to develop a list of courses to include as requirements for obtaining a basic certificate, as specified. The bill would require an applicant for a basic certificate to complete those courses before obtaining the certificate.

6/4/2021-Failed Deadline pursuant to Rule 61(a)(8). (Last location was INACTIVE FILE on 5/28/2021)(May be acted upon Jan 2022)

SB 494

(Dodd)

Law enforcement: training

Would require the Commission on Peace Officer Standards and Training, by January 1, 2023, to implement a course of instruction for the regular and periodic training of law enforcement officers in the use of advanced interpersonal communication skills. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers. The bill would also require, by January 1, 2023, a course for criminal law enforcement investigators and for officers training to become detectives in science-based interviewing and would require this training to be included within the core course required by the Robert Presley Institute of Criminal Investigation. The bill would require the commission to develop the specified courses, training standards, learning and performance objectives, and guidelines in consultation with individuals or groups with expertise in the field of human engagement and science-based interviewing.

10/4/2021-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

SB 519

(Wiener)

Controlled substances: decriminalization of certain hallucinogenic substances.      

Current law categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and ingestion. This bill would make lawful the possession for personal use, as described, and the social sharing, as defined, of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, mescaline, lysergic acid diethylamide (LSD), ketamine, and 3,4-methylenedioxymethamphetamine (MDMA), by and with persons 21 years of age or older. The bill would provide penalties for possession of these substance on school grounds, or possession by, or sharing with, persons under 21 years of age.

8/27/2021-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. on 7/13/2021)(May be acted upon Jan 2022)

SB 731

(Durazo)

Criminal records: relief.

Current law authorizes a defendant who was sentenced to a county jail for the commission of a felony and who has met specified criteria to petition to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty after the completion of their sentence, as specified. Current law requires the court to dismiss the accusations or information against the defendant and release them from all penalties and disabilities resulting from the offense, except as specified. This bill would make this relief available to a defendant who has been convicted of any felony.

9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was THIRD READING on 8/31/2021)(May be acted upon Jan 2022)
*Legend Information on legislative terms / definitions on the California Assembly Chief Clerk's Website