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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 1/22/2020)

Bill # and Author Title and Summary Status of Bill

AB 165

(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, 2021, a course of training 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, 2021, and would require the course or courses to include specified topics, including the process of filing a petition for gun violence restraining orders and situational training to assist officers in identifying when a gun violence restraining order is appropriate.

8/30/2019-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 7/8/2019)(May be acted upon Jan 2020)

AB 243

(Kamlager-Dove)

Implicit bias training: peace officers.

Current law requires every peace officer to participate in expanded training prescribed by the Commission on Peace Officer Standards and Training that includes and examines evidence-based patterns, practices, and protocols that make up racial and identity profiling, including implicit bias. Once basic training is completed, current law requires specified peace officers to complete a refresher course on racial and identity profiling at least every 5 years. This bill would require those peace officers currently required to take the refresher course every 5 years, and additional peace officers, as specified, to instead take refresher training on racial and identity profiling, including the understanding of implicit bias and the promotion of bias-reducing strategies, at least every 2 years.

8/30/2019-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 8/12/2019)(May be acted upon Jan 2020)

AB 300

(Chu)

Hate crime and incident reporting

Would require a law enforcement agency, if it has updated its crime reporting system to align with the California Incident Based Reporting System, to (1) include in the agency’s informational, incident, and crime reports a check box indicating whether the underlying incident in the report is a suspected hate crime or hate incident, as defined, and (2) complete for each hate crime or hate incident, a supplemental hate crime or hate incident report form that indicates the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime, or, in the case of a hate incident, to be used for informational, crime prevention, law enforcement planning, trend analysis, and potential evidentiary purposes.

8/30/2019-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 8/19/2019)(May be acted upon Jan 2020)

AB 301

(Chu)

Hate crimes.

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, and submitting specified hate crime reports to the Federal Bureau of Investigation for inclusion in the national crime repository for crime data. The bill would also include a statement of legislative findings and declarations.

5/17/2019-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/1/2019)(May be acted upon Jan 2020)

AB 680

(Chu)

Public safety dispatchers: mental health training

Would require the Commission on Peace Officer Standards and Training, on or before January 1, 2021, to develop mental health training courses for local public safety dispatchers, incorporated in the dispatchers’ basic training course and as a continuing training course, that cover specified topics, including recognizing indicators of mental illness, intellectual disabilities, or substance use disorders, and conflict resolution and deescalation techniques. The bill would require the commission to develop these courses in consultation with specified groups and individuals

8/30/2019-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 8/19/2019)(May be acted upon Jan 2020)

AB 720

(Muratsuchi

Community colleges: funding: instructional service agreements with public safety agencies.      

Current law provides a separate formula for the allocation of apportionments of state funds to community colleges, which uses the numbers of full-time equivalent students as its basis, for use for apportionments for noncredit instruction and instruction in career development and college preparation. This bill would provide that instruction by community college districts under instructional service agreements with public safety agencies, as defined, would be funded under the apportionment formula used for instruction in career development and college preparation. The bill would also make various nonsubstantive changes.

8/30/2019-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 7/1/2019)(May be acted upon Jan 2020)

AB 757

(Grayson)

Local public safety dispatchers: training: human trafficking

Would require the Commission on Peace Officer Standards and Training, on or before January 1, 2021, to adopt training requirements for local public safety dispatchers that include 3 hours of training in recognizing the signs of human trafficking. The bill would require a person hired on or after January 1, 2021, to have received the training before beginning duty and would require a person employed as a local public safety dispatcher prior to January 1, 2021, to receive the training no later than January 1, 2022.

4/26/2019-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 2/28/2019)(May be acted upon Jan 2020)

AB 837

(Holden)

Peace officers: training: hate crimes

Would require each local law enforcement agency to require peace officers to attend periodic training in the investigation of hate crimes, using the most recent POST training materials, and would authorize each agency to make the training culturally relevant to the community served by that agency. The bill would require POST to develop guidelines and establish standards for the frequency of that periodic training. By imposing additional duties on local agencies, the bill would impose a state-mandated local program.

5/17/2019-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/3/2019)(May be acted upon Jan 2020)

AB 855

(McCarty)

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

Would require the Attorney General to convene a task force, as specified, to study the use of deadly force by law enforcement officers and to develop recommendations, including a model written policy, for law enforcement agencies.

4/26/2019-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 3/18/2019)(May be acted upon Jan 2020)

AB 1052

(Chu)

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. Existing 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

8/30/2019-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 8/12/2019)(May be acted upon Jan 2020)

AB 1170

(Frazier)

Peace officer training: intellectual and developmental disabilities

Current law requires the Commission on Peace Officer Standards and Training to establish a continuing education classroom training course related to law enforcement interaction with mentally disabled persons and to make the course available to law enforcement agencies in California. This bill would require the commission, on or before January 1, 2021, and in consultation with the State Department of Developmental Services, the State Council on Developmental Disabilities, and representatives of community colleges, to incorporate in-person training provided by individuals with intellectual and developmental disabilities into that training course.

5/17/2019-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/24/2019)(May be acted upon Jan 2020)

AB 1185

(McCarty)

Officer oversight: sheriff oversight board

Would authorize a county to establish a sheriff oversight board, either by action of the board of supervisors or through a vote of county residents. The bill would authorize a sheriff oversight board to issue a subpoena or subpoena duces tecum when deemed necessary to investigate a matter within the jurisdiction of the board. The bill would authorize a county to establish an office of the inspector general to assist the board with its supervisorial duties, as provided.

9/15/2019-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/9/2019)(May be acted upon Jan 2020)

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.

1/14/2020-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (January 14). Re-referred to Com. on APPR

AB 1653

(Frazier)

Missing or Murdered Indigenous Women Task Force

Would create the Missing or Murdered Indigenous Women Task Force in the Department of Justice, and would provide for the membership of that task force. The bill would, among other things, require the task force to complete a formal consultation with California’s Indian tribes on how to improve tribal access to databases, develop recommendations for how to increase state resources for reporting and identifying missing and murdered American Indian persons in the state, and develop a database of nonprofit or nongovernmental organizations that provide aid or support in locating missing American Indian persons.

5/17/2019-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/8/2019)(May be acted upon Jan 2020)

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 1713

(Burke)

Vehicles: driving under the influence

Current law prohibits a person from driving a motor vehicle when the person has 0.08 percent or more, by weight, of alcohol in their blood.This bill would instead prohibit a person from driving a motor vehicle when the person has 0.05 percent or more, by weight, of alcohol in their blood

4/26/2019-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 3/18/2019)(May be acted upon Jan 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.

1/21/2020-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.
*Legend Information on legislative terms / definitions on the California Assembly Chief Clerk's Website