By Shaun Rundle, Deputy Director.
When this week wraps up the Legislature will take a month-long Summer Recess. Upon their return, several public safety bills will await their attention in the final homestretch to the Governor’s desk. AB 931 is no doubt the biggest issue on the docket, but bills regarding peace officer records, surveillance equipment use, and felony murder join the topics to be addressed. They are not sound publics safety approaches, and CPOA opposes nearly all of them.
PRA/Release of Records
AB 748 (Ting) Peace officers: video and audio recordings: disclosure
A video or audio recording that relates to a matter of public concern may be withheld if the agency demonstrates that, on the facts of a particular case, the public interest in nondisclosure clearly outweighs public interest in disclosure.
Position: Oppose unless amended
SB 978 (Bradford) Law enforcement agencies: public records
Requires the POST and every local law enforcement agencies to conspicuously post on their websites all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the California Public Records Act (CPRA).
SB 1421 (Skinner) Peace officers: release of records
Permits inspection of specified peace and custodial officer records pursuant to PRA. Provides that records related to reports, investigations, or findings may be subject to disclosure if they involve the following:
1) incidents involving the discharge of a firearm or electronic control weapons by an officer
2) incidents involving strikes of impact weapons or projectiles to the head or neck area
3) incidents of deadly force or serious bodily injury by an officer
4) incidents of sustained sexual assault by an officer
5) incidents relating to sustained findings of dishonesty by a peace officer.
Governing Body Policy/Equipment Approval
AB 3131 (Gloria) Law enforcement agencies: military equipment: funding, acquisition, and use.
Establishes requirements that must be met before a law enforcement agency may take a few specified actions related to the acquisition and use of military equipment.
SB 1186 (Hill) Law enforcement agencies: surveillance: policies
Requires agencies to submit to your governing bodies at a public meeting, all surveillance technology use and policies, and mandates you to cease using within 30 days if the plan is not adopted. SB 1186 also establishes separate procedures for CHP, DOJ, sheriffs and DA’s (instead of submitting them through their governing body).
SB 905 (Wiener) Alcoholic beverages: hours of sale
Authorizes the Department of Alcoholic Beverage Control (ABC), beginning January 1, 2021, to issue an additional hours license to an on-sale licensee in a qualified city that would allow the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements.
SB 1437 (Skinner)
Revises the felony murder rule to prohibit a participant in the commission or attempted commission of a felony that has been determined as inherently dangerous to human life to be imputed to have acted with implied malice, unless he or she personally committed the homicidal act.
The Senate and Assembly must pass all bills by August 31st in order to be considered by Governor Jerry Brown, who then has until September 30th to sign or veto the legislation.