Criminal Justice (Policing)

Existing law prohibits 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. Existing law requires kinetic energy projectiles and chemical agents only to be deployed by a peace officer that has received proper training for crowd control, as specified, or to bring an objectively dangerous and unlawful situation safely and effectively under control and only in accordance with certain requirements, including that de-escalation techniques have been attempted and have failed, kinetic energy projectiles are not aimed at the head, neck, or any other vital organs, and, if the chemical agent to be deployed is tear gas, only a commanding officer at the scene of the assembly, protest, or demonstration may authorize the use of tear gas. This bill would expand the above prohibition and exception to include flash-bang grenades, as defined. The bill would define law enforcement agency as any department or agency of the state or any local government, special district, or other political subdivision thereof, that employs any peace officer, as defined, or any federal law enforcement agency. The bill would prohibit the use of flash-bang grenades by any law enforcement agency for the purposes of immigration enforcement, except as specified. The bill would also only allow a commanding officer at the scene to authorize the use of flash-bang grenades. Existing law requires each law enforcement agency to publish specified use of force incidents to the Department of Justice and requires the Department of Justice to publish those reports, as specified. This bill would additionally require law enforcement agencies to report the use of flash-bang grenades. By imposing new duties on local law enforcement agencies, this bill would impose a state-mandated local program. Existing law prohibits the possession of any destructive device and makes a violation of this prohibition punishable as a misdemeanor or felony. Existing law exempts specified peace officers from this prohibition. This bill would prohibit a peace officer, as defined, from using an explosive breaching charge, as defined, for the purpose of immigration enforcement, except as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The bill would declare the severability of its provisions.

(1) Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law authorizes POST, as specified, to decertify a certified peace officer for engaging in serious misconduct, as specified. Existing law requires any agency that employs peace officers to, within 10 days, notify POST of specified occurrences including any complaint, charge, or allegation of serious misconduct by a peace officer employed by that agency and the final disposition of any investigation into that complaint, charge, or allegation, regardless of the discipline actually imposed. Existing law provides that each law enforcement agency shall be responsible for the completion of an investigation into any allegation of serious misconduct by an officer, regardless of the officer's employment status. Existing law establishes the California Law Enforcement Telecommunications System (CLETS) within the Department of Justice to facilitate the exchange and dissemination of information between law enforcement agencies in the state. This bill would require POST employees whose job duties require access to criminal offender record information, state summary criminal history information, or information obtained from CLETS to undergo a fingerprint-based state and national criminal history background check, as specified. (2) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law makes it a crime for a person authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it. This bill would authorize the commission and all persons for whom background checks have been completed and their duties require access to inspect or duplicate any information derived from CLETS. The bill would additionally authorize the commission and the Peace Officer Standards Accountability Division to inspect and duplicate any criminal history information, criminal offender record information, or criminal justice information, or any other sensitive, confidential or privileged information if the commission determines that the information is needed in the course of the commission's duties. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General specified data on all stops conducted by that agency's peace officers for the preceding calendar year. Existing law defines "stop" for purposes of these provisions to mean any detention by a peace officer of a person or any peace officer interaction with a person in which the peace officer conducts a search of the person's body or property in the person's possession or control. Existing law requires the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling and improving diversity and racial and identity sensitivity in law enforcement. Existing law requires RIPA to include various members, including 2 representatives of human or civil rights tax-exempt organizations, 2 representatives of community organizations, and 2 religious clergy members, as specified. Existing law authorizes the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe up to 2 other members to membership of RIPA. This bill would require RIPA to include in its membership the president of the California District Attorneys Association, or their designee. Existing law requires RIPA to issue a report annually that provides RIPA's analysis of, among other things, the reported stop data described above. Existing law also requires the report to provide detailed findings on the past and current status of racial identity profiling and to make policy recommendations for eliminating racial and identity profiling, as specified. This bill would authorize any member of RIPA to cause a dissenting opinion to be included in the report, as specified. The bill would additionally authorize RIPA to include a response to a dissenting opinion in its report.

Existing law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data, such as specifically stating the length of time that recorded data is to be stored, when establishing policies and procedures for the implementation and operation of a body-worn camera system, as specified. This bill would require, on or before July 1, 2027, each law enforcement agency that has a body-worn camera policy to update that policy to include a procedure for emergency service personnel to request the redaction of evidentiary and nonevidentiary recordings of a patient undergoing medical or psychological evaluation, procedure, or treatment by emergency service personnel, and to maintain an unredacted copy of the recording consistent with the policies and procedures of the agency. By requiring local law enforcement agencies to adopt new policies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.