https://oag.ca.gov/ab953/board/reports
U.S. Census RIPA Bureau
Race and Hispanic Origin White alone, percent 71.9% Black or African American alone, percent(a) 6.5% American Indian and Alaska Native alone, percent(a) 1.6% Asian alone, percent(a) 15.5%
Native Hawaiian and Other Pacific Islander alone, 0.5% percent(a) Two or More Races, percent 4.0% Hispanic or Latino, percent(b) 39.4% White alone, not Hispanic or Latino, percent 36.5%
*REFRESHER*
Previous Bills with Jan 1, 2021 Implementation Date CLETS: Immigration
Commencing July 1, 2021, all shall apply:
1) Any inquiry for information from CLETS other than criminal history information submitted through the system shall include a reason for initiation of the inquiry. 2) Specifies that consistent with the California Values Act, CLETS shall not be used for purposes of immigration violations. 3) Provides that the AG may conduct investigations, including inspections and audits, as appropriate. AB 1076 (Ting) Requires DOJ, starting January 1, 2021 to identify persons eligible for conviction relief and if eligible, having their records withheld from public disclosure, and automatically granted relief without a petition or motion being filed.
AB 339 (Irwin) Requires agencies to develop and adopt written policies and standards regarding use of GVRO’s on or before January 1, 2021.
SB 338 (Hueso) Requires a LE agency that adopts or amends its policy regarding senior and disability victimization after April 13, 2021 to include information and training on elder and dependent abuse. SB 230 (Caballero) LAW ENFORCEMENT: USE OF DEADLY FORCE: TRAINING: POLICIES
Requires law enforcement agencies to maintain a policy by January 1, 2021 that provides guidelines on the use of force, utilizing de-escalation techniques and other alternatives to use of force, specific guidelines for the application of deadly force, and factors for evaluating and reviewing all use of force incidents.
POLL QUESTION #1 2020 Bills Signed into Law by Governor Newsom
(take effect January 1, 2021 unless otherwise noted)
AB 904 (Chau)-Search Warrants: Tracking Devices p. 7 CODE: PC 1534
Provides that if a law enforcement agency utilizes software to track a person's movements, whether in conjunction with a third party or by interacting directly with a person's electronic device, the provisions for obtaining a tracking device search warrant apply.
. Now 1534 does not specifically authorize (but allows) the use of any device or software for the purpose of tracking the movement of a person or object.
. A warrant is required to utilize remote tracking software on a phone to track physical movements.
WHY THE BILL? According to the Author: “Penal Code Section 1534 currently requires search warrants prior to an officer 'installing a tracking device or serving a warrant on a third-party possessor of the tracking data.' It is, however, no longer necessary for an officer to make physical contact with a device, person, or vehicle to 'install' a 'device' in order to track an individual. AB 904 (Chau) (cont’d) p. 7
WHAT THIS BILL MEANS
In addition to PC 1534 requirements, agencies must continue to comply with the California Electronic Communications Privacy Act (CalECPA). CalECPA = get a warrant for phone or online searches
In the case of emergency warrants, it does not appear to interfere with Missouri v. McNeely (2013) case law, where it clearly defines exigent situations where a warrant is not necessary. SB 1141 (Rubio)-Domestic violence: coercive control p. 13 CODES: FC 6320
Makes certain findings and declarations relating to the impact of COVD-19 on victims of domestic violence.
Conduct includes coercive control, examples of which are : • Isolating the other party from friends, relatives, or other sources of support. • Depriving the other party of basic Defines the term “disturbing the necessities. peace of the other party” under FC Section 6320 as: conduct • Controlling, regulating, or monitoring the other party’s movements, that, based on the totality of the communications, daily behavior, circumstances, destroys the finances, economic resources, or mental or emotional calm of the access to services. other party. • Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage. SB 1141 (Rubio) (cont’d) p. 13 WHAT THIS BILL MEANS:
In writing a police report, if an officer needs to articulate that a person is “disturbing the peace” of a protected person based on the new criteria of “coercive control”, the officer will need to articulate in the report that the offender unreasonably interfered with a protected party’s free will and personal liberty to interact with family, friends or household members.
When officers are seeking a restraining order under the Domestic Violence Prevention Act, they should ask specific questions about the suspect’s actions. This bill elaborates on what actions would “disturb the peace of the victim.” Officers should consider things such as: • Did the suspect do anything to damage the mental or emotional well-being of the victim? • Did the suspect disturb the victim’s peace by using a third party or electronic form of communication? • Was the suspect coercive and controlling? Meaning did they isolate the victim from friends and family? Did they coerce the victim to do things they didn’t want to do or stop them from doing things they did want to do? Did the suspect control the victim’s finances, access to services or other resources? If any of these actions are present, SB 1141 has clarified that such actions are potentially grounds for a restraining order.
Cannabis Testing
AB 1458 (Quirk) p. 18 CODE: B&P 26100
Requires, for edible cannabis products, the certificate of analysis to report that the milligrams (mg) of Tetrahydrocannabinol (THC) per serving does not exceed 10 mg per serving, plus or minus 12% until January 1, 2022, and plus or minus 10% after January 1, 2022. WHAT THIS BILL MEANS TO LAW ENFORCEMENT May impact DRE responses to edible products.
SB 1244 (Bradford) p. 20 CODE: B&P 26104 Authorizes a testing laboratory to receive samples of cannabis or cannabis products from state or local law enforcement, or a prosecuting or regulatory agency in order to test the cannabis or cannabis products. **Update** AB 2077 (Ting)-Hypodermic needles and syringes p. 19 CODES: B&P 4145.5, 4142, 4326 and HSC 11364 and 121285
Decriminalizes specified conduct related to obtaining hypodermic needles or syringes and repeals the Disease Prevention Demonstration Project.
Extends the sunset, from January 1, 2021 to January 1, 2026, of an existing law that does the following:
o Permits pharmacists or physicians to furnish hypodermic needles and syringes for personal use by a person 18 years or older without a prescription or permit.
o Permits a person who is 18 years of age or older to obtain hypodermic needles and syringes solely for personal use, without a prescription or license, from a physician or pharmacist
o Requires a pharmacy or hypodermic needle and syringe exchange program to counsel consumers on one or more safe disposal options identified in the language of the bill.
AB 2655 (Gipson)-Invasion of privacy: first responders p. 33 CODES: PC 647.9 and 1524
Makes it a misdemeanor for a first responder, as defined, operating under color of authority, to use an electronic device at the scene of an accident or crime to capture the image of a deceased person for any purpose other than an official law enforcement purpose or for a genuine public interest.
What this bill means to you: Require an agency that employs first responders on January 1, 2021 to notify its employees who are first responders of the prohibition imposed by this bill.
AB 846 (Burke)-Public employment: peace officers p. 36 CODES: GC 1031 and PC 13561
Requires that evaluations of peace officers include an evaluation of bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation; also requires every department or agency that employs peace officers to review their job descriptions and deemphasize the paramilitary aspects of employment and place more emphasis on community interaction and collaborative problem solving.
. Requires, by January 1, 2022, for POST to study, review, and update regulations and screening materials to identify explicit and implicit bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation related to emotional and mental condition evaluations. . Specifies that the recruitment provisions change is not intended to alter the required duties of any peace officer.
WHAT THIS BILL MEANS TO LAW ENFORCEMENT
Local law enforcement agencies shall review their job descriptions used to recruit and hire peace officers and shall make changes that emphasize community-based policing, familiarization between law enforcement and community residents, and collaborative problem solving, and de-emphasize the paramilitary aspects of the job.
SB 723 (Jones)- Firearms: prohibited persons p. 43 CODES: PC 29800, 29805 and 29851
Clarifies in both Penal Code sections that a person with an active arrest warrant for a prohibited (from firearms possession) offense must have knowledge of the warrant in order to be criminally liable as a person prohibited from possessing a firearm. Why The Need for the Bill?
Author’s Statement: “A new section was recently added to the Penal Code specifying that the prohibition against a person with an outstanding warrant does not apply if the person lacked knowledge of the outstanding warrant. However, few practitioners are aware of the existence of this exception because it was originally mis-numbered and placed in its own section of the Penal Code, then re-numbered through the annual Maintenance of the Codes Bill but still separated from the section that prohibits possession
WHAT THIS BILL MEANS TO YOU: • The arresting officer must clearly state in their arrest report that the suspect had knowledge of the warrant.
• Best Practice: Ask the subject if they knew they had a warrant for their arrest and document what they said in the arrest report.
AB 2425 (Stone)- Juvenile police records p. 51 CODE: WIC 786.5, 827, 872.95 and 828
Prohibits the release of information by a law enforcement, social worker, or probation agency when a juvenile has participated in or completed a diversion program.
What this bill means to you: WIC 786.5 . The probation department shall notify the arresting law enforcement agency to seal the arrest records of a juvenile who participated in a diversion program.
. The arresting law enforcement agency shall seal the records in its custody relating to the arrest no later than 60 days from the date of notification by the probation department. Upon sealing, the arresting law enforcement agency shall notify the probation department that the records have been sealed. WIC 827.95
. The diversion service provider shall notify the referring law enforcement agency of a minor’s satisfactory completion of a diversion program within 30 days of the minor’s satisfactory completion. SB 203 (Bradford)- Juveniles: custodial interrogation p. 54 CODE: WIC 625.6 Requires that prior to any custodial interrogation and before the waiver of any Miranda rights, a youth of 15 17 years or younger must consult with legal counsel in person, by telephone, or by video conference. . Prohibits the waiver of such consultation . Requires the court to consider a lack of consultation with legal counsel for the purposes of determining the admissibility of any statements made to law enforcement, as well as in determining the credibility of any officer who willfully failed to comply with the consult requirement.
DOES NOT APPLY: To the admissibility of statements of a youth 17 years of age or younger if both of the following criteria are met: (1) The officer believed the information sought was necessary to protect life or property from imminent threat. (2) The officer’s questions were limited to those questions that were reasonably necessary to obtain that information.
Probation officer’s duties (under Section 625, 627.5, or 628). SB 823 (Budget Committee)- Juveniles: justice realignment p. 55 CODE: Various
Enacts public safety-related provisions of the Budget Act of 2020, including transferring the Division of Juvenile Justice (DJJ) out of CDCR to county operations.
WIC Chapter 1.7 (Section 1990) . Establishes a Juvenile Justice Realignment Block Grant program to provide county- based custody, care, and supervision of youth who are realigned from the Division of Juvenile Justice or who would have otherwise been eligible for commitment to the division. Starting in FY 2021-2022, annual funds to be allocated to a county who provides rehabilitative housing and supervision of juveniles formerly in CDCR custody, or who committed WIC 707 offenses or PC 290.008 (assault with sexual intent).
To be eligible for funding, a county shall create a subcommittee to develop a plan describing the facilities, programs, placements, services, supervision and reentry strategies that are needed to provide appropriate rehabilitation and supervision services for the juvenile population.
The subcommittee shall be composed of the chief probation officer, one representative each from the DA’s office, the public defender’s office, the department of social services, the department of mental health, the county office of education or a school district, and a representative from the court. SB 823 (cont’d) p. 55
WIC Chapter 5 (Section 2250)
Establishes a Regional Youth Programs and Facilities Grant program
$9.6M comes from General Fund in specified amounts for this effort
One-time grants
Grant applicants cannot enter into contracts with private prisons for adult or youth confident.
“A local public agency that has responsibility for making arrests and detaining suspects as its primary responsibility, or which is responsible for prosecutions, is ineligible to apply for this grant.”
SB 118 (Budget Committee)-Public safety omnibus p. 69 CODES: Various
Impacts to you:
Law enforcement agencies must report receipt of filed petition in the manner prescribed by DOJ. SB 118 (Budget Committee)-Public safety omnibus (cont’d)
Expands the definition of an assault weapon to include a “semiautomatic firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following: a. A pistol grip that protrudes conspicuously beneath the action of the weapon. b. A thumbhole stock. c. A folding or telescoping stock. d. A grenade launcher or flare launcher. e. A flash suppressor. f. A forward pistol grip. g. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. h. A second handgrip. i. A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. j. The capacity to accept a detachable magazine at some location outside of the pistol grip.
Also includes in ‘assault weapon’ definition, a semi auto IMPACT: . with a fixed mag (w/ capacity for more than 10 rounds) New definition of ‘semi-auto’ . with an overall length of less than 30 inches may impact local firearm taskforces or similar operations looking for those types of weapons for confiscation or transfer.
AB 2285 p. 79 Transportation • Replaces “freeway” with “highway” for Slow Down, Move Over program
• Extends DMV’s alternate license plates and vehicle registration pilot program p. 80
AB 2717 Motor vehicles: unattended children: liability p. 81 • Notify public of immediate need to SB 909 evacuate Hi-Lo Audible Warning • CHP will develop regulations Sound
AB 1196 (Gipson)-Use of force: carotid restraint p. 84 CODE: GC 7286.5(a)
Prohibits a law enforcement agency from authorizing the use of a carotid restraint hold or a choke hold as defined below.
. "carotid restraint" = a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person's neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person.
. "choke hold" = any defensive tactic or force option in which direct pressure is applied to a person's trachea or windpipe. AB 1196 (Gipson) (cont’d) p. 84
WHAT THIS BILL MEANS TO YOU:
Agencies will decide if they are going to prohibit use of the carotid or leave it open as a tool of opportunity (i.e. if it happens and is reasonably based on the totality of the circumstances (PC 835a) the officer would be in compliance with policy). POLL QUESTION #2 AB 1506 (McCarty)- Police use of force p. 85 CODES: GC 12525.3
Beginning January 1, 2020, requires a state prosecutor to #1 investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as defined (see next slide). The bill would authorize the state prosecutor to prepare a written report and would require the state prosecutor to post any reports made on a public internet website.
Beginning on July 1, 2023, the Attorney General shall operate a Police Practices Division within DOJ to, upon request of a local law #2 enforcement agency, review the use of deadly force policies of that law enforcement agency. Specifies that the Police Practices Division shall make specific and customized recommendations to any law enforcement agency that requests a review, based on those policies identified as recommended best practices. AB 1506 (McCarty) (cont’d) p. 85
GC 12525.3 (1) “Deadly weapon” includes, but it not limited to, any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
(2) “Unarmed civilian” includes anyone who is not in possession of a deadly weapon.
(b) (1) A state prosecutor shall investigate incidents of officer-involved use of force an officer-involved shooting resulting in the death of an unarmed civilian. The Attorney General is the state prosecutor unless otherwise specified or named. (2)The state prosecutor shall also conduct an investigation upon request from a local law enforcement agency, district attorney, city council, or county or city and county board of supervisors, on an incident involving the use of force by a peace officer that resulted in the death of a civilian. AB 1506 (McCarty) (cont’d) p. 85
According to the Author:
"In California over the past few months, there have been several high-profile acts of deadly force at the hands of law enforcement. In a few incidents, there have been calls for independent investigations by the Attorney General. However, all of these requests were denied by the CA Department of Justice.
Now more than ever there needs to be a uniform standard for local law enforcement officials and district attorneys to call for independent investigations into police killings. Police shouldn't police themselves, and the current system is fraught with conflicts of interest.”
AB 1506 (McCarty) (cont’d) p. 85
WHAT THIS BILL MEANS TO YOU:
Bypasses local investigatory processes, including established agreements to have outside agencies investigate officer- involved uses of force.
Additionally, it is unclear whether a state prosecutor investigation required or permitted by this bill would take the place of, or be in addition to, a local investigation.
Bills Vetoed Or Failed
(but likely to come back in 2021) SB 629 (McGuire D) Public peace: media access at a riot.
PC 409.7.
(a) 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 in activity that is protected pursuant to the First Amendment to the United States Constitution or Article I of the California Constitution, the following requirements shall apply: (1) A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network may enter the closed areas described in this section.
(2) A peace officer or other law enforcement officer shall not intentionally assault, interfere with, or obstruct the duly authorized representative of any news service, online news service, newspaper, or radio or television station or network who is gathering, receiving, or processing information for communication to the public.
(3) If the duly authorized representative is detained by a peace officer or other law enforcement officer, that representative shall be permitted to contact a supervisory officer immediately for the purpose of challenging the detention, unless circumstances make it impossible to do so.
Duly authorized- a person who appears to be engaged in gathering, receiving, or processing information, who produces a business card, press badge, other similar credential, or who is carrying professional broadcasting or recording equipment
CPOA POSITION: Oppose SB 1220 (Umberg)- Peace and custodial officers: Brady list
Requires any law enforcement agencies to, annually on and after January 1, 2022, provide to each city, county, or state prosecuting agency within its jurisdiction, and upon request at any time to any city county or state prosecuting agency, a list of names and badge numbers of officers employed by the agency in the five years prior to providing the list who meet specified criteria, including officers who:
a) Have had sustained findings that they engaged in sexual assault involving a member of the public;
b) Have had sustained findings that they engaged in an act of dishonesty related to the reporting, investigation, or prosecution of a crime or misconduct, including but not limited to a sustained finding of perjury, false statements, filing false reports, destruction, falsifying or concealing of evidence;
c) Have had sustained findings for conduct of moral turpitude (as published in appellate court decisions);
d) Have had sustained findings for group bias;
e) Have been convicted of a crime of moral turpitude;
f) Who are facing currently pending criminal charges; or
g) Who are on probation for a criminal offense.
. Requires a prosecuting agency, prior to placing an officer’s name on a Brady list, to notify the officer and provide the officer an opportunity to present information to the prosecuting agency against the officer’s placement on the list. If that prior notice cannot be provided consistently with the prosecutor’s discovery obligations, the prosecuting agency shall comply with its discovery obligations, notify the officer as soon as practicable, and provide the officer an opportunity to present information to the prosecuting agency favoring the officer’s removal from the list. . Specifies that this provision does not create a right to judicial or administrative review of the prosecuting agency’s decision to place or retain a peace officer’s name on a Brady list. AB 66 (Gonzalez) . June 2020 version: o Changed PC 832.14 (a) to prohibit agencies to disperse an assembly if there is no rioting
o Prohibited agency usage of CN or CS gas
o Kinetic energy projectiles deployed at a riot scene “only be fired at specific target who presents a clear and imminent threat to themselves, officers, or other persons.”
. July 2020 version: o Prohibited agency usage of CN or CS gas
o Kinetic energy projectiles to disperse an assembly, protest, or demonstration can only be used under a series of (11) requirements AB 1652 (Wicks)
. GC 7286- Defined “kettling” or “corralling” to mean “using a police line to encircle, or substantially encircle, a speech, protest, or assembly that is not implemented for the safety of those participating in the speech, protest, or assembly.”
. Mandated that by January 1, 2021, agencies update their use of force policies to include clear and specific guidelines for when officers may use ‘kettling’ or ‘corralling.’
. Officers who are found by a preponderance of the evidence, to have intentionally violated prohibitions on using force on individuals engaged in, or press covering, a lawful assembly or protest. Crowd control & response SB 731 (Bradford)
o Reversed qualified immunity for peace officers o Disqualified persons convicted of records falsification, bribery or perjury from gaining employment as a peace officer.
o Created a Peace Officer Standards Accountability Division within POST to investigate and prosecute proceedings against a peace officers’ certification.
o Makes all records related to the revocation of an officer’s certification a public record and requires investigation records to be retained for 30 years.
o “This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by SB 775 to be operative only if this bill and SB 776 are enacted and this bill is enacted last.”
What proposed changes to PC 832.7 (personnel records)? SB 776 (Skinner) Expands the categories of personnel records of peace officers and custodial officers that are subject to disclosure under the California Public Records Act (CPRA) and establishes civil penalties for untimely disclosure.
PC 832.7(a) . Required, commencing July 1, 2021:
o disclosure of an incident involving use of force that resulted in death or GBI o disclosure of an incident involving use of force to make a member of the public comply with an officer, force that is unreasonable, or excessive force.
o disclosure of sustained findings (by agency or oversight agency) involving officer dishonesty
o disclosure of sustained findings of incidents where officers engaged in conduct including verbal statements, writings, online posts, recordings, and gestures involving prejudice against person under protected classes (i.e. race, creed, national origin, gender identity, age, etc.).
o disclosure of records relating to sustained findings of unlawful arrests and unlawful searches. SB 773 (Skinner)
Would have, starting June 1, 2021, reduced the membership on the State 911 Advisory Board from two representatives of California Police Chiefs Association, California State Sheriffs’ Association and CalNENA to one rep per each group.
In addition to removing LE representatives, the bill would have added: . One county public guardian . One county mental health professional
FROM THE BILL:
“It is the intent of the Legislature to enact legislation that would revise 911 systems so when an incident involves an issue of mental health, homelessness, and public welfare, the calls are directed to the appropriate social services agency and not to law enforcement.” NEW FOR 2021
• Assembly Select Committee on Police Reform (chaired by Asm. Mike Gipson (D-Gardena), author of ‘carotid’
• Asm. Kevin McCarty (D-Sacramento)
• Asm. Tom Lackey (R-Lancaster)
• Asm. Shirley Weber (D-San Diego)
From Assembly Democratic Caucus: “During the 2019-2020 Legislative Session, the California State Assembly proactively started addressing the culture that allows and leads to police misconduct; it also worked toward ending the systemic racism present in law enforcement.” On January 1, 2020, a new policy-making body was created -- the Committee on Revision of the Penal Code.
The Committee will study the California Penal Code and recommend statutory reforms to achieve the following improvements:
(1) Simplify and rationalize the substance of criminal law. (2) Simplify and rationalize criminal procedures. (3) Establish alternatives to incarceration that will aid in the rehabilitation of offenders. (4) Improve the system of parole and probation. Committee on Review of Penal Code Priorities (March 2020)
• Diversion • Instead of trial, complete courses of treatment (which would lead to case dismissal).
• Collaborative Courts • “Problem solving courts,” that offer treatment instead of incarceration
• Restorative Justice • Works like civil mediation, where a victim, the offender(s) and others harmed conference with a trained facilitator.
• Probation • Reduce probation terms and ensure probationers are not incarcerated. DOJ Law Enforcement Code Tables The CA Police Chiefs & CA Sherriff’s Statewide Data Sharing Task Force continues to partner with the California - Department of Justice (CA DOJ) to develop and maintain a comprehensive set of statewide reference tables, including a CA Master Offense Codes Table that will contain all state laws that represent a chargeable Infraction, Misdemeanor, and/or Felony.
CA DOJ has built a team who coordinate work with a volunteer taskforce comprised of representatives from Law Enforcement, CHP, District Attorneys and Judicial Council staff. The taskforce has been actively reviewing state laws and making recommendations to DOJ on the content of the statewide reference tables.”
Review of the Penal Code has been completed and the results of that work can be reviewed at: https://oag.ca.gov/law/code-tables
It is a goal of CA DOJ to have the new 2020 laws that go into effect January 1, 2021 be included in the Master Offense Codes Table by early January 2021.
Unfortunately, COVID-19 protocols impacted the timeline of work planned for 2020, but a re-start is anticipated to begin January 2020.
For those interested in learning more, the Statewide Data Sharing Taskforce, Master Offense Codes Subcommittee hosts a monthly update call. Contact Greg Park at Livermore PD ([email protected]) to be added to the meeting distribution list. ADDITIONAL RESOURCES
Legislative Tracking: www.leginfo.legislature.ca.gov
CA Crime Statistics: www.openjustice.doj.ca.gov
Criminal Justice Publications: www.lao.ca.gov
CPOA Advocacy: www.cpoa.org/advocacy If only…
Shaun Rundle Deputy Director, CPOA [email protected] 916-520-2248