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State lawmakers push bills to ban police chokeholds, require release of discipline records

Proposals expected to advance before session concludes on Aug. 31

Several state bills to address police force and accountability are working their way through the state Capitol, some of which dovetail local efforts. Photo by Andre m/Wikimedia Commons under Creative Commons Attribution-Share Alike 3.0 Unported license.

With less than a week left in the current legislative session, California lawmakers are rushing to advance a series of bills on police force, including ones that would ban officers from administering chokeholds and firing tear gas at protesters and others that would boost accountability by making more law enforcement records open to public disclosure.

The bills were sparked by recent outcries over high-profile cases of police brutality, including the May 25 killing of George Floyd in Minneapolis. One is Assembly Bill 66, a proposal by Assemblywoman Lorena Gonzalez, D-San Diego, that would prohibit officers from firing energy projectiles or chemical agents such as tear gas to disperse protests or demonstrations. AB 66 would also require law enforcement agencies to report any incident in which a kinetic projectile or a chemical agent is fired at an individual, resulting in an injury.

Some of the Sacramento proposals dovetail with local efforts to curb police force, including Palo Alto's ongoing revision to police use-of-force policies and Mountain View's exploration of creating citizen oversight.

Palo Alto moved to ban the carotid restraint, which blocks arteries on the side of the neck to impede blood flow to the brain, in June. On Monday night, its City Council voted to expand the policy to also ban "lateral vascular neck restraints, chest compressions, or any other intentional tactics that restrict blood flow to the head or neck" (chokeholds and strangleholds have previously been banned).

AB 66 has already passed the Assembly and is expected to clear the state Senate this week before going to Gov. Gavin Newsom for signing, said Niccolo De Luca, director of Northern California for Townsend Public Affairs, a lobbying firm that assists Palo Alto with state legislation.

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Assembly Bill 1196, authored by Assemblyman Mike Gipson, D-Carson, would ban officers from using a carotid restraint or a chokehold, as well as "techniques or transport methods that involve a substantial risk of positional asphyxia." That bill is also expected to pass before lawmakers adjourn on Aug. 31 and move on to Newsom for his signature.

Other legislative proposals target police accountability. Senate Bill 776 by state Sen. Nancy Skinner, D-Berkeley, would make more incidents that involve police use of force subject to the Public Records Request Act. The Skinner bill, which is expected to advance, would require law enforcement agencies to disclose records relating to incidents in which a peace officer was found to have engaged in prejudice or discrimination. It would also mandate agencies to retain records pertaining to complaints against any officer who resigns before an investigation is completed and make these records subject to public disclosure.

In introducing SB 776 in late June, Skinner argued that Californians have "the right to know who is patrolling our streets and who is given the authority to enforce our laws."

"We must not settle for officers who abuse authority in any way," Skinner said in a statement. "With expanded public access to police misconduct, SB 776 sends a clear message that racist, discriminatory and abusive officers are not welcomed in our communities."

Senate Bill 731, legislation from state Sen. Steven Bradford, D-Gardena, that would allow the state to decertify police officers who had committed serious crimes or who had been fired for a specified misconduct, is also expected to advance. SB 731 would disqualify individuals who had been convicted of certain crimes, including falsification of records, bribery or perjury, from being employed as peace officers. It would also make all records related to the revocation of a peace officer's certification public and require that they be retained for 30 years.

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Meanwhile, Assembly Bill 1299 would require agencies to notify the Commission on Peace Officer Standards and Training when an officer resigns or is terminated with a complaint, charge or an investigation pending. The bill from Assemblyman Rudy Salas, D-Bakersfield, would also require the agency to complete the investigation and report its findings to the commission.

The flurry of bills on police reform at a time when the state is in the midst of a lingering pandemic and a ferocious wildfire season reflects the growing public concern, both in California and across the nation, over police conduct and racial injustice. This week's shooting of Jacob Blake by a police officer in Kenosha, Wisconsin was the latest episode to spur protests, demonstrations and, in some cases, looting to protest violence against Black people.

De Luca told the Palo Alto council on Monday that he expects the effort to revise police rules to extend into the next legislative session, at which time lawmakers will likely consider more fundamental changes to public safety.

"One of the things we keep hearing is that this is an opportunity to reimagine public safety and reimagine policing," De Luca said.

One proposal that aims to do that is Assembly Bill 2054. Authored by Assemblywoman Sydney Kamlager, D-Los Angeles, the bill would create a grant program to empower community organizations to provide emergency response for specified vulnerable populations. The bill, also known as the CRISES (Community Response Initiative to Strengthen Emergency Systems) Act, would require grantees to receive a minimum award of $250,000 annually to provide response activities without the involvement of law enforcement officers.

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In introducing the pilot program in the Assembly, Kamlager stressed that some community members, including those dealing with issues involving domestic violence, immigration status, mental health issues and substance abuse, want to see resolution but don't want to be "shamed or judged for their person or circumstances." The bill, she said, would "marshal in an array of community organizations equipped to step in as first responders."

"Law enforcement is over-traumatized, undertrained in certain instances and sometimes unsympathetic to certain calls," Kamlager said at a recent hearing. "Currently we ask our emergency responders to shift the adrenaline, the tactic and the force that they use to apprehend an armed robber, for example, to a schizophrenic young man. That is unrealistic and it's unwise and can be fatal when those two people appear to be the same person in the eyes of law enforcement."

Mountain View, Palo Alto

The city of Mountain View has faced repeated calls for police reform, police defunding and greater civilian oversight of law enforcement officers since Floyd's death sparked local protests in May and June. Police officials announced in June a prohibition on chokeholds, and suggested they would be open to revising policing policies to deter violent incidents between officers and the public.

The city's subcommittee on race, equity and inclusion is currently weighing possible models for future civilian oversight, including an independent commission empowered to review police misconduct complaints and make findings to the department, similar to the city of San Francisco's police accountability department.

The city could also take a more broad approach with an auditor or monitoring agency tasked with making systemic reviews of the police department. In those cases, recommendations typically go to the police chief or city manager's office, advocating for improvements in law enforcement practices and policies. The committee is expected to pick a model that best suits the city in November, which will be voted on by the full council in December.

Concerns over police force and accountability are also at the forefront in Palo Alto, which has seen two recent incidents of violent arrests that have prompted lawsuits. The council has recently formed four ad hoc committees, which are exploring changes to improve diversity, inclusiveness and police transparency. Councilman Eric Filseth, who is a member of the committee on transparency and accountability, noted Monday that police departments are "not architected to be public-records agencies" and suggested that the city take a broader look at its system for releasing public information.

"What do we have to do systemically if we want to make more of this or that kind of information available in a timely fashion?" Filseth asked Monday.

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Kevin Forestieri contributed to this report.

Gennady Sheyner
 
Gennady Sheyner covers the City Hall beat in Palo Alto as well as regional politics, with a special focus on housing and transportation. Before joining the Palo Alto Weekly/PaloAltoOnline.com in 2008, he covered breaking news and local politics for the Waterbury Republican-American, a daily newspaper in Connecticut. Read more >>

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State lawmakers push bills to ban police chokeholds, require release of discipline records

Proposals expected to advance before session concludes on Aug. 31

With less than a week left in the current legislative session, California lawmakers are rushing to advance a series of bills on police force, including ones that would ban officers from administering chokeholds and firing tear gas at protesters and others that would boost accountability by making more law enforcement records open to public disclosure.

The bills were sparked by recent outcries over high-profile cases of police brutality, including the May 25 killing of George Floyd in Minneapolis. One is Assembly Bill 66, a proposal by Assemblywoman Lorena Gonzalez, D-San Diego, that would prohibit officers from firing energy projectiles or chemical agents such as tear gas to disperse protests or demonstrations. AB 66 would also require law enforcement agencies to report any incident in which a kinetic projectile or a chemical agent is fired at an individual, resulting in an injury.

Some of the Sacramento proposals dovetail with local efforts to curb police force, including Palo Alto's ongoing revision to police use-of-force policies and Mountain View's exploration of creating citizen oversight.

Palo Alto moved to ban the carotid restraint, which blocks arteries on the side of the neck to impede blood flow to the brain, in June. On Monday night, its City Council voted to expand the policy to also ban "lateral vascular neck restraints, chest compressions, or any other intentional tactics that restrict blood flow to the head or neck" (chokeholds and strangleholds have previously been banned).

AB 66 has already passed the Assembly and is expected to clear the state Senate this week before going to Gov. Gavin Newsom for signing, said Niccolo De Luca, director of Northern California for Townsend Public Affairs, a lobbying firm that assists Palo Alto with state legislation.

Assembly Bill 1196, authored by Assemblyman Mike Gipson, D-Carson, would ban officers from using a carotid restraint or a chokehold, as well as "techniques or transport methods that involve a substantial risk of positional asphyxia." That bill is also expected to pass before lawmakers adjourn on Aug. 31 and move on to Newsom for his signature.

Other legislative proposals target police accountability. Senate Bill 776 by state Sen. Nancy Skinner, D-Berkeley, would make more incidents that involve police use of force subject to the Public Records Request Act. The Skinner bill, which is expected to advance, would require law enforcement agencies to disclose records relating to incidents in which a peace officer was found to have engaged in prejudice or discrimination. It would also mandate agencies to retain records pertaining to complaints against any officer who resigns before an investigation is completed and make these records subject to public disclosure.

In introducing SB 776 in late June, Skinner argued that Californians have "the right to know who is patrolling our streets and who is given the authority to enforce our laws."

"We must not settle for officers who abuse authority in any way," Skinner said in a statement. "With expanded public access to police misconduct, SB 776 sends a clear message that racist, discriminatory and abusive officers are not welcomed in our communities."

Senate Bill 731, legislation from state Sen. Steven Bradford, D-Gardena, that would allow the state to decertify police officers who had committed serious crimes or who had been fired for a specified misconduct, is also expected to advance. SB 731 would disqualify individuals who had been convicted of certain crimes, including falsification of records, bribery or perjury, from being employed as peace officers. It would also make all records related to the revocation of a peace officer's certification public and require that they be retained for 30 years.

Meanwhile, Assembly Bill 1299 would require agencies to notify the Commission on Peace Officer Standards and Training when an officer resigns or is terminated with a complaint, charge or an investigation pending. The bill from Assemblyman Rudy Salas, D-Bakersfield, would also require the agency to complete the investigation and report its findings to the commission.

The flurry of bills on police reform at a time when the state is in the midst of a lingering pandemic and a ferocious wildfire season reflects the growing public concern, both in California and across the nation, over police conduct and racial injustice. This week's shooting of Jacob Blake by a police officer in Kenosha, Wisconsin was the latest episode to spur protests, demonstrations and, in some cases, looting to protest violence against Black people.

De Luca told the Palo Alto council on Monday that he expects the effort to revise police rules to extend into the next legislative session, at which time lawmakers will likely consider more fundamental changes to public safety.

"One of the things we keep hearing is that this is an opportunity to reimagine public safety and reimagine policing," De Luca said.

One proposal that aims to do that is Assembly Bill 2054. Authored by Assemblywoman Sydney Kamlager, D-Los Angeles, the bill would create a grant program to empower community organizations to provide emergency response for specified vulnerable populations. The bill, also known as the CRISES (Community Response Initiative to Strengthen Emergency Systems) Act, would require grantees to receive a minimum award of $250,000 annually to provide response activities without the involvement of law enforcement officers.

In introducing the pilot program in the Assembly, Kamlager stressed that some community members, including those dealing with issues involving domestic violence, immigration status, mental health issues and substance abuse, want to see resolution but don't want to be "shamed or judged for their person or circumstances." The bill, she said, would "marshal in an array of community organizations equipped to step in as first responders."

"Law enforcement is over-traumatized, undertrained in certain instances and sometimes unsympathetic to certain calls," Kamlager said at a recent hearing. "Currently we ask our emergency responders to shift the adrenaline, the tactic and the force that they use to apprehend an armed robber, for example, to a schizophrenic young man. That is unrealistic and it's unwise and can be fatal when those two people appear to be the same person in the eyes of law enforcement."

Mountain View, Palo Alto

The city of Mountain View has faced repeated calls for police reform, police defunding and greater civilian oversight of law enforcement officers since Floyd's death sparked local protests in May and June. Police officials announced in June a prohibition on chokeholds, and suggested they would be open to revising policing policies to deter violent incidents between officers and the public.

The city's subcommittee on race, equity and inclusion is currently weighing possible models for future civilian oversight, including an independent commission empowered to review police misconduct complaints and make findings to the department, similar to the city of San Francisco's police accountability department.

The city could also take a more broad approach with an auditor or monitoring agency tasked with making systemic reviews of the police department. In those cases, recommendations typically go to the police chief or city manager's office, advocating for improvements in law enforcement practices and policies. The committee is expected to pick a model that best suits the city in November, which will be voted on by the full council in December.

Concerns over police force and accountability are also at the forefront in Palo Alto, which has seen two recent incidents of violent arrests that have prompted lawsuits. The council has recently formed four ad hoc committees, which are exploring changes to improve diversity, inclusiveness and police transparency. Councilman Eric Filseth, who is a member of the committee on transparency and accountability, noted Monday that police departments are "not architected to be public-records agencies" and suggested that the city take a broader look at its system for releasing public information.

"What do we have to do systemically if we want to make more of this or that kind of information available in a timely fashion?" Filseth asked Monday.

Kevin Forestieri contributed to this report.

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