News

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. The city 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, the 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.

Help sustain the local news you depend on.

Your contribution matters. Become a member today.

Join

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.

Stay informed

Get the latest local news and information sent straight to your inbox.

Stay informed

Get the latest local news and information sent straight to your inbox.

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 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 told the Palo Alto council Monday night during its wide-ranging discussion of police reforms.

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."

Most Viewed Stories

Most Viewed Stories

"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."

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.

The council is also considering broader community efforts, including permanent public art, to support the Black Lives Matter movement and express the city's commitment to racial equality.

Vice Mayor Tom DuBois suggested that the city commission permanent art that honors Martin Luther King Jr. and Coretta Scott King, namesakes of the plaza in front of City Hall.

DuBois cited the recent controversy over the Black Lives Matter mural that the city commissioned in May, which includes an image of civil rights activist and fugitive Assata Shakur. The city is planning to remove the mural in September.

"The purpose was to show our solidarity with the Black Lives Matter movement, to pull our community together — the residents, the police force and really everybody," DuBois said. "It was unfortunate that art can also be divisive, and parts of it were divisive."

Craving a new voice in Peninsula dining?

Sign up for the Peninsula Foodist newsletter.

Sign up now
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 >>

Follow on Twitter @paloaltoweekly, Facebook and on Instagram @paloaltoonline for breaking news, local events, photos, videos and more.

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. The city 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, the 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 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 told the Palo Alto council Monday night during its wide-ranging discussion of police reforms.

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."

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.

The council is also considering broader community efforts, including permanent public art, to support the Black Lives Matter movement and express the city's commitment to racial equality.

Vice Mayor Tom DuBois suggested that the city commission permanent art that honors Martin Luther King Jr. and Coretta Scott King, namesakes of the plaza in front of City Hall.

DuBois cited the recent controversy over the Black Lives Matter mural that the city commissioned in May, which includes an image of civil rights activist and fugitive Assata Shakur. The city is planning to remove the mural in September.

"The purpose was to show our solidarity with the Black Lives Matter movement, to pull our community together — the residents, the police force and really everybody," DuBois said. "It was unfortunate that art can also be divisive, and parts of it were divisive."

Comments

Barron Parker Too
Registered user
Barron Park
on Aug 26, 2020 at 1:10 pm
Barron Parker Too, Barron Park
Registered user
on Aug 26, 2020 at 1:10 pm

In the wake of a few highly-publicized incidents where an unarmed Black man is killed by police, we have a complete failure of leadership. After the Floyd killing, police were told to stand down and let rioters burn and loot without interference in Minneapolis, and take over parts of cities (e.g., Seattle, until people were murdered). Now, any bill that restricts the ability of police to handle violent criminals or control violent mobs will be thoughtlessly made into law.

Gennady claims this onslaught of bills "reflects the growing public concern, both in California and across the nation, over police conduct and racial injustice." Not true. The primary concern of the public today is protection from the rioters and arsonists that are rampaging through many of our cities each night. That should be the concern of the legislators, but they are spinelessly passing these laws because they are afraid of being called "racist" if they oppose them.

This will have two very bad results in the short term. The rioters and criminals will be encouraged because the police will be much less effective at controlling mobs, for example, by using tear gas projectiles to prevent looting and arson. Even worse, for many of us, these restrictions on the police, coinciding with widespread rioting, play into Trump's hands. This is the worst president in the history of the nation, who has severely damaged entire branches of the government, such as the State Department and the CDC. Most people see him as personally revolting. The only way he can win is if he convinces enough people in the middle that the police will be defunded and unable to protect people and property, and that lawlessness will get worse if the Democrats win. And our mayors and legislators are playing directly into the only hand he holds.


Don't miss out on the discussion!
Sign up to be notified of new comments on this topic.

Post a comment

On Wednesday, we'll be launching a new website. To prepare and make sure all our content is available on the new platform, commenting on stories and in TownSquare has been disabled. When the new site is online, past comments will be available to be seen and we'll reinstate the ability to comment. We appreciate your patience while we make this transition.