Governor Newsom Signs Several Bills Affecting California Law Enforcement

On September 30, 2021 Governor Newsom signed into law Senate Bill 2, Assembly Bill 89, Assembly Bill 490, and Assembly Bill 26. Each of these laws impact the California law enforcement community. 

Senate Bill 2 establishes a nine-member Advisory Board that will review “serious misconduct” by peace officers and make recommendations to the Commission on Peace Officer Standards and Training (POST). SB 2 creates an advisory board that makes recommendations to the POST Commission, who makes the ultimate determination based on a 2/3 vote that serious misconduct was established by clear and convincing evidence. While several thoughtful amendments were made to significantly improve the bill’s approach to establishing an officer licensing program for California, a handful of flaws remain. The Bill establishes an Advisory Board whose composition will likely subject peace officers to a biased review of their actions. The Bill contains unclear, subjective and vague definitions of ‘serious misconduct’ that would warrant the suspension or revocation of a peace officer’s license. The Bill does not address the Peace Officer’s Bill of Rights – the rulebook by which administrative investigations of peace officers must be conducted in California. The POST Commission will be vested with authority to promulgate regulations clarifying the scope of this bill, including the right to representation during POST investigations. The Legislature will also likely pass clean up legislation next session to clarify ambiguities and correct drafting errors.

For more in-depth analysis of Senate Bill 2 see https://mastagnilaw.blogspot.com/2021/09/the-passage-of-senate-bill-2-and-fight.html. 

Assembly Bill 89 raises the minimum age for peace officers from 18 to 21. AB 89 would also require the Chancellor of California Community Colleges to develop a modern policing 

degree program with POST and other stakeholders. The Chancellor and stakeholders will submit a report of their recommendations to the Legislature including a plan on how to implement the degree program. POST is required to adopt the recommended criteria within two years of the report to the legislature. 

Assembly Bill 490 was introduced in response to George Floyd’s death. Assembly member Gipson intended for the legislation to close loopholes in use of force policies by creating a uniform state policy on positional asphyxia restraints. Assembly Bill 490 prohibits a law enforcement agency from authorizing techniques or transport methods that present a substantial risk of positional asphyxia. This means agencies can not approve “any technique in which pressure or body weight is unreasonably applied to a restrained person’s neck, torso, or back.” Under the bill, any weight applied to a suspect must be reasonable and the suspect must be monitored for signs of asphyxia. 

Assembly Bill 26 requires a peace officer to immediately report to their agency any potential excessive use of force. Agencies must also prohibit retaliation against officers that report another officer’s violations of law or policy. Finally, the act allows an officer who fails to intercede during an excessive use of force to be disciplined up to and including the same discipline as the officer who used excessive force. 

Governor Newsom signing these bills means that POST and local agencies will be updating their policies, training, and practices to comply with these new laws. Mastagni Holstedt urges everyone in the law enforcement community to familiarize themselves with these new bills, and to contact our office for assistance with in-depth training and insight regarding the legislative history and application of these new laws. We will continue to monitor and provide updates regarding the impact that these bills have on peace officer associations and their members throughout California.