Module B Legislative Reform

In 2020, the California legislature passed a record number of new law enforcement reform laws that the Governor signed into law. There has been a steady flow of bills since then all in an effort to re-shape law enforcement's role and guide how it interacts with the public. Take a look and see if you recognize any of these changes.

Bills Passed In 2020

Police Practices

AB 1196 – Choke Holds Assembly Bill 1196 establishes that law enforcement agencies are not authorized to use a carotid restraint or a choke hold. A carotid restraint is “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.” A choke hold is “any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe.”334 The author, Assemblymember Gipson, noted: “In the Eric Garner case, NY Commissioner James O'Neill said that the officer’s failure to relax his grip while subduing him triggered a fatal asthma attack. With the high profile death of George Floyd in Minneapolis, where a peace officer used his knee to subdue and detain him, it is clear that similar methods of restraining suspects are incredibly risky and should no longer be allowed.”335 This legislation ensures that these methods of restraint are no longer authorized throughout the state of California.

AB 846 – Public Employment: Public Officers or Employees Declared by Law to be Peace Officers AB 846 establishes that the emotional and mental health evaluations included as minimum standards for peace officers in the state must include bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation. The law states that when police departments are advertising positions for peace officers, they must emphasize community-based policing, familiarization between law enforcement and community residents, and collaborative problem-solving, while de-emphasizing the paramilitary aspects of the job. AB 846 also establishes that by January 1, 2022, POST must study, review, and update their regulations and associated training materials related to officer candidates’ screening for emotional and mental conditions to incorporate identification of the explicit and implicit bias described above.

AB 1506 – Police Use of Force AB 1506 establishes that by July 1, 2023, the California Department of Justice will create a division that, upon the request of a law enforcement agency, will review the use-of-force policy of the agency and make recommendations for changes. Additionally, the law requires that beginning in 2021 a “state prosecutor,” e.g., the Attorney General unless otherwise specified or named, will investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian.

SB 480 – Law Enforcement Uniforms SB 480 establishes that law enforcement agencies may not authorize or allow employees to wear a uniform that is camouflage or a uniform that is substantially similar to the United States Armed Forces or state active militia.

AB 1185 – Sheriff Oversight AB 1185 establishes that a county, through action of the board of supervisors or a vote of county residents, may create a sheriff’s oversight board or an inspector general’s office. The law further allows for those entities to have the authority to issue subpoenas when deemed necessary to investigate a matter within their jurisdiction.

AB 1775 – False Reports and Harassment AB 1775 amends existing law protecting Californians from violence or intimidation by threat of violence to provide that intimidation by threat of violence includes, but is not limited to, “making or threatening to make a claim or report to a police officer or law enforcement agency that falsely alleges that another person has engaged in unlawful activity or in an activity that requires law enforcement intervention,” knowing that the claim or report is false, or with reckless disregard for the truth or falsity of the claim or report. The bill also increases the criminal penalties for knowingly using the 911 emergency system for the purpose of harassing another. In addition, the bill clarifies that under certain circumstances a false report could be a hate crime and provides for civil remedies for a violation. The bill also establishes that communications between a person and a law enforcement agency in which the person knowingly or recklessly makes a false report that another person has committed or is committing a criminal act will not be privileged in a judicial, legislative, or other official proceeding.

Criminal Justice Reform

SB 132 – Transgender Respect, Agency, and Dignity Act SB 132 requires the state Department of Corrections and Rehabilitation (CDCR) to treat an incarcerated person who is transgender, nonbinary, or intersex, in a manner consistent with that person’s gender identity. Further, SB 132 requires CDCR to house a person based on the person’s preference. CDCR must also search the person according to the search policy for that person’s gender identity or the gender designation of the facility where they are housed, whichever is the preference of the person. The bill additionally mandates that CDCR personnel 2021 RIPA Report 156 2021 RIPA Report 157

record the person's self-reported gender identity, gender pronouns, and honorifics during the intake process. SB 132 requires not only CDCR staff but also contractors and volunteers to properly address people by the appropriate name and pronoun.

Youth

AB 901 – Youth “Juvenile” AB 901 limits various authorities of the juvenile court and other local entities in addressing the issue of truant youth. As one example, under AB 901, a juvenile court judge may no longer adjudge a minor a ward of the court on the basis they habitually refuse to obey the reasonable and proper orders or directions of school authorities. Under AB 901, a peace officer must also first refer a minor who is habitually truant or habitually refuses to obey the reasonable and proper orders or directions of their parent or guardian to a community-based resource, the probation department, a health agency, a local educational agency, or other governmental entities that may provide services before issuing a notice to appear in juvenile court to determine whether the minor should become a ward of the court. AB 901 also prohibits a juvenile court from rendering a judgment that a parent or guardian of a youth deemed insubordinate or disorderly bring them to school daily. Probation officers under AB 901 are now required to refer a youth who has four or more truancies in a school year to services provided by a community-based resource, the probation department, a health agency, a local educational agency, or other governmental entities that may provide services.

SB 203 – Juveniles: Custodial Interrogation SB 203 establishes that youth under 18 must consult with an attorney prior to any custodial interrogation and before waiving their Miranda rights. Previously, the law only provided these protections for youth who are 15 and younger and it was set to expire on January 1, 2025. SB 203 extends these protections indefinitely.

Source: California DOJ RIPA Report 2020-21