During the Assembly Judiciary Committee hearing held on June 9, 2026, David E. Mastagni appeared on behalf of the Peace Officers Research Association of California with Jonathan Feldman on behalf of the California Police Chiefs Association to address Senate Bill 747, the legislation known as the No Kings Act. They delivered a clear message: California peace officers support accountability for every government official who violates constitutional rights, yet the bill’s current language creates dangerous uncertainty that lawmakers must fix.
The portion of the hearing featuring David Mastagni can be accessed directly here. The full hearing may be accessed here.
Although proponents introduced the bill to remedy overreach by federal agents, the legislation establishes a new state cause of action that materially increases liability exposure for every California state and local public employee when acting under color of law. The bill establishes a new state cause of action modeled on federal Section 1983, yet its operative language merely permits a defendant to assert qualified immunity without expressly tethering that defense to the well-developed body of federal precedent that governs Section 1983 claims. The statute risks spawning a separate, potentially diluted California standard for qualified immunity. Feldman stated the core concern plainly: “Our concern is not with accountability. Our concern is with creating a brand new California cause of action that introduces significant legal uncertainty.” Mastagni followed immediately and reinforced the point with precision, explaining that the statute merely states a defendant “may assert qualified immunity” without any language that ties the defense to federal standards. Mastagni warned, “The concerns that both our clients have is that we don’t have a watered down dual definition of qualified immunity.” He continued, “We have offered amendments... so that, again, everybody knows what the law is and that there’s not a California standard of qualified immunity as well as a federal standard.”
Feldman emphasized that proponents repeatedly claim the bill mirrors federal Section 1983 liability and preserves qualified immunity exactly as it exists today, so “If that truly is the intent, the bill should expressly say so.” Nevertheless, the measure as drafted introduces troubling ambiguities that could undermine the predictability and protections essential to effective policing across California.
The law enforcement amendments require the bill to tether qualified immunity expressly to the identical federal standards and precedents that govern Section 1983 claims. Officers receive rigorous training based on that established federal jurisprudence. The amendments therefore eliminate any risk of conflicting rulings in the same case, spare agencies massive retraining costs, and maintain the predictability officers need when they make split-second decisions in dangerous situations.
Chair Ash Kalra’s remarks during the hearing underscore the very danger these amendments are designed to prevent. The Chair voiced reluctance to link the state defense directly to federal law, citing perceived biases in current United States Supreme Court decisions and suggesting instead a preference for defining qualified immunity according to “ordinary circumstances” under California standards. In light of that perspective, the risk of inconsistent rulings between state and federal courts becomes all too real, particularly where officers face concurrent claims arising from the same incident.
Importantly, several supporters of the bill openly recognized the legitimacy of law enforcement’s concerns and directed the author to continue working directly with opposition representatives. Assemblymember Blanca Pacheco stated, “I also understand the concerns of the opposition... I would like to see further conversations because I think we can perfect this bill even further... I think there is a pathway.” Assemblymember Rebecca Bauer-Kahan added that the opposition’s points on qualified immunity and retroactivity “seem like ones that... I’m hopeful you guys will continue... to work on and that we can get to a good place.” Assemblymember Diane Papan thanked both the author and the opposition and urged, “Let’s get it over the finish line.” Senator Scott Wiener himself confirmed, “We’ve been in ongoing conversations... I’m hopeful that there is a path... we’re gonna continue those conversations, and we’re committed to those conversations.”
If the bill advances without these refinements, the consequences could prove far-reaching. Officers confronting split-second decisions in volatile situations would labor under uncertainty about the differences in clear established law under federal and California standards. Litigation exposure would expand dramatically, with local governments facing increased defense and settlement costs ultimately borne by taxpayers. Recruitment and retention challenges already confronting law enforcement agencies will likely intensify, and public safety could suffer as proactive policing gives way to hesitation born of legal ambiguity. Retroactivity provisions and attorney-fee exposure compound these difficulties, raising fundamental fairness questions for California employees who have relied on long-settled federal defenses.
Law enforcement therefore urges lawmakers to adopt the amendments now so the bill achieves accountability for federal agents without eroding protections for the 80,000 California officers who protect our communities every day.
Public safety professionals and their unions are encouraged to remain engaged as the bill proceeds. Clarity in the law is not merely a technical preference; it is the foundation that permits officers to protect communities without fear of unpredictable personal liability.
