De-certifying ‘bad apple’ police officers + Police chiefs back chokehold ban + Holding police accountable

Good morning! Today’s alert is all about proposed police reform in the Golden State. Let’s get into it, shall we?

POLICE REFORM LEGISLATION

In the midst of nationwide protests against police brutality, California lawmakers are poised to consider a pair of police reform bills.

SB 731, introduced by Sen. Steven Bradford, D-Gardena, would create a statewide process for de-certifying law enforcement officers following the conviction of certain crimes or termination due to specified misconduct.

California currently has no process in place to de-certify peace officers who have committed serious misconduct, meaning they can potentially be re-hired by another law enforcement agency.

“This is an important moment for the country as well as for California. Our criminal justice system must be fundamentally built with equity and accountability in mind,” Bradford said in a statement on the bill. “It is unacceptable that a cycle of unanswered injustices exists, where officers fired for misconduct are rehired by another department, and very few are ever held accountable. This bill would make California a leading example for effective and comprehensive police officer accountability.”

SB 731, the Kenneth Ross Jr. Police De-Certification Act of 2020, is named for a 25-year-old African-American man who was shot and killed by a Gardena police officer in 2018. Ross was unarmed and running away from police when he was shot, and the officer who shot him was not prosecuted for the incident despite having a history of prior shootings, according to Bradford’s office.

Bradford also is the author of SB 203, which prevents the police from interrogating minors up to 17 prior to the minors consulting with legal counsel. Current law only requires minors up to 15 be given the chance to consult with legal counsel before interrogation.

POLICE CHIEFS BACK CHOKEHOLD BAN LEGISLATION

Speaking of police reforms, California’s police chiefs are backing one such measure: A bill to ban police use of carotid restraints and chokeholds.

The California Police Chiefs Association is throwing its weight behind AB 1196, the bill banning the restraints.

“Voices from across the country have made it clear that these control techniques, although used infrequently and successfully in most cases, have become detrimental to the relationship between law enforcement and the communities we are sworn to protect. We are listening,” said CPCA President Eric Nunez in a statement.

This bill, sponsored by Assemblyman Mike Gipson, D-Carson, comes as police restraint techniques are under heightened scrutiny, following the death of George Floyd in Minneapolis Police Department custody after an officer knelt on his neck for more than eight minutes.

The statement from the CPCA notes that a majority of California police departments have already banned the use of chokeholds, or issued a moratorium on using them.

Gipson in a statement thanked the CPCA for their support of his bill.

“Having the support of the California Police Chiefs Association is uplifting and shows a depth in understanding that we need to overcome this pivotal moment together and move forward,” Gipson said. “I am encouraged that with a shared commitment to reform, our communities will grow stronger and safer as one.”

AND YET MORE

Finally, lawmakers are set to consider another piece of legislation aimed at changing police practices. This time, it’s AB 1299.

This bill, authored by Assemblyman Rudy Salas, D-Bakersfield, would require law enforcement agencies to complete misconduct investigations and notify the Commission on Peace Officer Standards and Training of their findings so that the commission can include that information in the officer’s background material that can be reviewed by future hiring agencies.

“This bill will provide more background information to our local departments to make sure that they are not hiring bad officers,” Salas said in a statement.

Salas’ statement cited the example of the City of McFarland, which hired at least 13 police officers who had misconduct records at other agencies.

“It is unacceptable that some officers are able hide their past mistakes and slip through the cracks. AB 1299 will create accountability for officers with questionable pasts and help departments hire people who will properly serve our communities,” Salas said.

QUOTE OF THE DAY

“The crisis at San Quentin - w/ more than 1,200 inmates and staff testing positive for the coronavirus - is a failure of leadership @ the Dept of Corrections. This crisis was completely avoidable. The State needs to establish a unified incident command with local and state agencies at the table, ensure resources are being expedited, healthcare capacity expanded and a long term containment strategy implemented. Partnering with Assemblymember Levine on this initiative. More to come.”

- Sen. Mike McGuire, D-Healdsburg, via Twitter.

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