NEW CALIFORNIA STATUTES TAKING EFFECT—BEWARE
It has been a bad year for law enforcement in Sacramento. The actions of an officer 2,000 miles away set an agenda for California politicians, always willing to bend with the wind, to pass “reform” statutes to correct problems that in many cases, especially in Los Angeles, did not exist.
The collateral damage is yet to play out, but violent crime is increasing, morale is down, budgets are being cut and the controversy continues. The League was instrumental in defeating the more onerous laws that were on track to being passed, but they will be back next year.
Here is a summary of some of the laws that took effect on Jan. 1, 2021. The Use of Force Survival Stool has three legs: knowledge, accuracy and articulation. This article addresses knowledge. To enforce the law, you need to know the law. These statutes are named by the bill number. You can get the entire language of the bill by going to leginfo.legislature.ca.gov and entering the bill number in the search box.
AB 1196 – (GIPSON) – PEACE OFFICERS: USE OF FORCE: Law enforcement agencies are prohibited from authorizing carotid restraint or chokeholds. Basically defined as a restraint, hold or other defensive tactic that involves a substantial risk of restricting blood flow, or which direct pressure is applied to a person’s trachea or windpipe. Naturally, of course, knees count. New Use of Force policies are out banning any form of the carotid, and FID is specifically assigned to investigate any violation. Take warning.
AB 1506 – (MCCARTY) –POLICE USE OF FORCE: The Attorney General shall investigate incidents involving a shooting by a peace officer that results in the death of an unarmed civilian. It is not clear if the AG assumes the investigation or monitors the investigation. At a minimum, they must prepare a written report, and if charges are warranted, initiate a prosecution. “Unarmed” is also vague. Specific weapons are listed that define “armed.” A switchblade knife is specified but not a kitchen knife; billy and blackjack knives are specified but not a pipe or baseball bat. Struggling over an
officer’s firearm is not mentioned. Fortunately, the listed weapons that make a suspect armed have “not limited to” language in the bill. This one is going to cause a lot of case law.
SB 1141 – (RUBIO) –DOMESTIC VIOLENCE: COERCIVE CONTROL: The criteria for obtaining a domestic violence restraining order has been expanded. Now acts like texting or internet use that might prevent or discourage friends and family from visiting the victim intended to cause isolation, or making threats against immigration status, can constitute disturbing the peace of the person seeking the order.
AB 2542 – (KALRA) –CRIMINAL PROCEDURE: DISCRIMINATION: This law went into effect for any case that did not reach final judgment by Jan. 1, 2021. If any judge, attorney or law enforcement officer exhibited bias or animus toward the defendant because of the defendant’s race, ethnicity or national origin, whether or not purposeful, the defendant may file a motion of habeas corpus to vacate the conviction or sentence. Stand by for extensive research into your Face-book, Instagram, personnel package and other internet postings for any statement that can be used to show any kind of bias. If found, the defendant can obtain a hearing and you will be on trial instead of your arrestee. This bill will allow numerous attempts to overturn convictions and sentences by trying to find any evidence of bias in anyone connected with the prosecution, including jurors and judges, or raw racial statistics.
AB 2655 (GIPSON) –INVASION OF PRIVACY: FIRST RESPONDERS: It is now a misdemeanor for an officer while operating under cover of authority to capture an image on an electronic device of a deceased person for any purpose other than an official law enforcement purpose or for a genuine public interest. Gruesome murders or traffic accidents better not end up on Facebook unless released by the Department.
AB 846 (BURKE) – PUBLIC EMPLOYMENT –EVALUATION FOR BIAS: All departments must reevaluate their job descriptions and deemphasize paramilitary aspects and place more emphasis on community interaction and collaborative problem solving. Prospective officers must be evaluated for bias against race, ethnicity, gender, nationality, religion, disability or sexual orientation. POST must study and update regulations to identify these traits by 2022.
AB 465 (EGGMAN) –MENTAL HEALTH WORKERS: SUPERVISION: In view of the apparent substitution of non-law enforcement people to handle certain calls instead of the police, this section requires that they be supervised by a licensed mental health professional.
SB 203 – (BRADFORD) –JUVENILES: CUSTODIAL INTERROGATION: Any juvenile, 17 years old or younger, cannot be subjected to a custodial interrogation without being allowed to consult with legal counsel in person, by telephone or by videoconference. No Miranda waivers can be obtained from a juvenile without this happening first. As an additional problem for officers who do not comply with this rule, a court can consider this willful failure in determining the credibility of an officer. If your credibility is impaired by a judge, you will likely have Brady/ORWITS problems.
SB 1159 (HILL) –WORKERS’ COMP: COVID-19: Makes it a rebuttable presumption that peace officers, firefighters and specified frontline employees and health care employees who contract COVID-19 were infected via workplace exposure. The presumption is rebuttable by the City if it can show non-occupational exposure or measures in place to prevent the transmission of the disease.
SB 480 – (ARCHULETA) –LAW ENFORCEMENT UNIFORMS: Law enforcement agencies are prohibited from authorizing employees to wear uniforms of camouflage material or a uniform substantially similar to an armed forces or state militia. SWAT, snipers and tactical teams are excused from this requirement.
Legislation that failed or was vetoed will undoubtedly be reintroduced for a second try in 2021. Chief among them is a statute that would require that your POST certification be revoked for sustained penalties for a variety of things, like excessive force. This would allow a state-appointed board to overrule Department discipline or a Board of Rights by de-certification. No POST Certificate, no police officer job in California. The League will need to have an active presence in Sacramento.
The barrage has already started. A statute is being introduced to restrict hiring of police officers unless they are at least 25 years old or have a bachelor’s degree. Some study found that a degree or advanced age reduces the likelihood of using force.
There are many ways to defund the police.
Be legally careful out there.
