AB 17
Assembly Member Cooper
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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.
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Amended: 1/12/2021
Status: 1/13/2021-Re-referred to Com. on PUB. S.
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AB 26
Assembly Member Holden
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Peace officers: use of force
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. The bill would additionally require those policies to, among other things, prohibit retaliation against officers that report violations of law or regulation of another officer to a supervisor, as specified, and to require that an officer who fails to intercede be disciplined in the same manner as the officer who used excessive force. By imposing additional duties on local agencies, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.
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Introduced Date: 3/25/2021
Status: 4/14/2021-In committee: Set, first hearing. Referred to suspense file.
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AB 48
Assembly Member Gonzalez, Lorena
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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.
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Amended Date: 3/16/2021
Status: 4/21/2021-In committee: Set, first hearing. Referred to suspense file.
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AB 57
Assembly Member Gabriel
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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, 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.
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Amended Date: 3/25/2021
Status: 4/14/2021-In committee: Set, first hearing. Referred to suspense file.
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AB 60
Assembly Member Salas
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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.
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Amended Date: 3/16/2021
Status: 4/6/2021-In committee: Hearing postponed by committee.
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AB 89
Assembly Member Jones-Sawyer
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Peace officers: minimum qualifications
Current law requires peace officers in this state to meet specified minimum standards, including age and education requirements. This bill would increase the minimum qualifying age from 18 to 25 years of age. This bill would permit an individual under 25 years of age to qualify for employment as a peace officer if the individual has a bachelor’s or advanced degree from an accredited college or university. The bill would provide legislative findings in support of the measure.
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Amended Date: 2/17/2021
Status: 4/6/2021-In committee: Hearing postponed by committee.
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AB 118
Assembly Member Kamlager
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Emergency services: community response: grant program
Would, until January 1, 2026, enact the Community Response Initiative to Strengthen Emergency Systems Act or the C.R.I.S.E.S. Act for the purpose of creating, implementing, and evaluating the 3-year C.R.I.S.E.S. Grant Pilot Program, which the act would establish. The bill would require the office to establish rules and regulations for the program with the goal of making grants to community organizations, over 3 years, for the purpose of expanding the participation of community organizations in emergency response for specified vulnerable populations. The bill would require that grantees receive a minimum award of $250,000 per year. The bill would require a community organization receiving funds pursuant to the program to use the grant to stimulate and support involvement in emergency response activities that do not require a law enforcement officer, as specified. The bill would require the Director of Emergency Services (director) to assemble staff and resources to carry out certain duties in support of the program
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Introduced Date: 12/18/2020
Status: 4/21/2021-In committee: Set, first hearing. Referred to suspense file
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AB 481
Assembly Member Chiu
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Law enforcement agencies: military equipment: funding, acquisition, and use.
Would require a law enforcement agency, defined to include specified state and local entities, to obtain approval of the applicable governing body, by adoption of a military equipment impact statement and 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. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.
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Introduced Date: 2/8/2021
Status: 3/25/2021-Coauthors revised. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 5. Noes 2.) (March 24). Re-referred to Com. on PUB. S.
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AB 490
Assembly Member Gipson
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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.
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Amended Date: 3/18/2021
Status: 4/14/2021-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 13). Re-referred to Com. on APPR.
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AB 594
Assembly Member McCarty
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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.
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Amended Date: 3/16/2021
Status: 4/14/2021-In committee: Set, first hearing. Referred to suspense file.
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AB 603
Assembly Member McCarty
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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, information on bonds used to finance use of force settlement and judgment payments, and premiums paid for insurance against settlements or judgments resulting from allegations of improper police conduct. 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.
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Introduced Date: 2/11/2021
Status: 4/7/2021-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 6). Re-referred to Com. on APPR.
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AB 655
Assembly Member Kalra
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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.
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Amended Date: 3/25/2021
Status: 4/7/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (April 6). Re-referred to Com. on APPR.
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AB 662
Assembly Member Rodriguez
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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 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.
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Amended: 4/21/2021
Status: 4/22/2021-Re-referred to Com. on JUD.
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AB 669
Assembly Member Lackey
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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.
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Introduced Date: 2/12/2021
Status: 4/8/2021-Read second time. Ordered to third reading
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AB 718
Assembly Member Cunningham
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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
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Introduced Date: 2/16/2021
Status: 4/14/2021-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 13). Re-referred to Com. on APPR.
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AB 759
Assembly Member McCarty
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Elections: county sheriff
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.
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Amended Date: 4/21/2021
Status: 4/22/2021-Re-referred to Com. on ELECTIONS.
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AB 931
Assembly Member Villapudua
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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.
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Amended Date: 4/8/2021
Status: 4/14/2021-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 13). Re-referred to Com. on APPR.
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SB 2
Senator Bradford
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Peace Officers: certification: civil rights
Would provide that a threat, intimidation, or coercion under the Tom Bane Civil Rights Act may be inherent in any interference with a civil right and would describe intentional acts for these purposes as an act in which the person acted with general intent or a conscious objective to engage in particular conduct.The 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.
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Amended Date: 3/11/2021
Status: 4/15/2021-Set for hearing April 27.
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SB 16
Senator Skinner
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Peace officers: release of records
Would, commencing July 1, 2022, make every incident involving use of force to make a member of the public comply with an officer, force that is unreasonable, or excessive force subject to disclosure. The bill would, commencing July 1, 2022, require records relating to sustained findings of unlawful arrests and unlawful searches to be subject to disclosure. The bill would, commencing July 1, 2022, 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 require the retention of all complaints and related reports or findings currently in the possession of a department or agency. The bill would require that records relating to an incident in which an officer resigned before an investigation is completed to also be subject to release.
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Introduced Date: 4/15/2021
Status: 4/21/2021-Set for hearing May 3.
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SB 98
Senator McGuire
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Public Peace: media access
Would, if peace officers close the immediate area surrounding any emergency field command post or establish any other command post, 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. The bill would also prohibit a duly authorized representative who is in a closed area from being cited for the failure to disperse, a violation of a curfew, or a violation of other, specified law. The bill would require that if a representative is detained by a peace officer or other law enforcement officer, the representative be permitted to contact a supervisory officer immediately for the purpose of challenging the detention.
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Introduced Date: 12/22/2020
Status: 3/22/2021-March 22 hearing: Placed on APPR suspense file
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SB 271
Senator Wiener
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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
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Introduced Date: 1/28/2021
Status: 3/17/2021-From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 4. Noes 1.) (March 16). Re-referred to Com. on GOV. & F.
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SB 387
Senator Portantino
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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.
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Introduced Date: 2/11/2021
Status: 4/20/2021-VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] (PASS)
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