California cops with troubled records could lose their badges under bill sent to Newsom

California Democrats sent Gov. Gavin Newsom a bill on Wednesday that would make it easier to strip cops with serious misconduct records of their badges in an effort to prevent violent officers from jumping to another department without facing repercussions.

The police accountability measure, Senate Bill 2, was one of the most closely watched measures in the Capitol this year after a similar measure stalled in 2020.

Its passage fulfills a promise California Democrats made after George Floyd’s murder inspired national appeals to crack down on officers who use excessive force. California is one of only four states without a process to decertify officers and keep them from moving on to another law enforcement agency.

“The time is now to create a fair and transparent decertification system in California,” bill author and Gardena Democrat Sen. Steven Bradford said. “Our communities must have faith that all of the officers in California are held to the highest standard and will be held accountable for their actions.”

Bradford said the bill is a “pro-law enforcement” measure that allows agencies to rid their ranks of the “bad apples” who disproportionately harm communities of color.

“We’ve seen 150 years of police policing themselves and it doesn’t work,” Bradford said.

The measure would authorize the Commission on Peace Officers Standards and Training to review investigations via a thorough, multi-step process to determine whether an officer should be suspended or have his or her license completely revoked.

The commission would first review a probe conducted by a local agency and, using disciplinary records, decide if an additional investigation is even warranted. If necessary, an advisory board made up of two law enforcement representatives, six members of the community and an attorney would recommend whether an officer’s license should be revoked or suspended.

The commission would only bring a case to the board if there’s reason to believe an officer’s misconduct might warrant severe disciplinary action. Members could include representatives from community-based organizations, nonprofits and family members of those killed by police.

The list of allegations that could trigger an investigation include physical abuse, gang activity, sexual assault, dishonesty or tampering with evidence.

California police lobbied against bill

Bradford had to contend with fierce lobbying against the bill, mainly from law enforcement organizations and police unions that funneled tens of thousands of dollars into moderate Democrats’ campaign accounts in the weeks leading up to key votes. Many of those beneficiaries abstained from voting for or against the measure.

Assemblyman Freddie Rodriguez, D-Pomona, said during a Friday floor vote that the bill put him in a tough position. His son is a cop, and he said that some of the policies coming out of the Capitol give the impression that legislators “are anti-police.”

“As we move along with these bills and others, I just hope we look at the big picture,” Rodriguez said. “Both sides of the argument, and what’s really best for everyone. Not just one side.”

Republicans similarly denounced the bill as too sweeping. Assemblyman Tom Lackey, R-Palmdale, a former California Highway Patrol officer, said the bill sends a message to law enforcement that “we don’t care.”

Law enforcement groups said they supported a decertification process, but centered the majority of their opposition on the proposal for an advisory board. They argued the panel would be comprised of biased individuals with little to no experience in the field, and the mmeasure “would override due process.”

“No one wants to see bad officers removed from law enforcement more than good officers do,” the Peace Officers Research Association of California wrote in an opposition statement. “However, SB 2 reaches far beyond the police licensing process. Ultimately, this bill creates an inherently amateurish and potentially biased panel to oversee the process of revoking an officer’s license to practice law enforcement, ignoring our country’s tradition of due process and subjecting officers to a biased review of their actions where guilt is assumed, and the deck is stacked against them.”

Democrats narrowed law enforcement bill

Bradford agreed to a list of concessions in response to the opposition and ultimately had to narrow the bill. The commission has the ultimate authority to adopt or reject the recommendations, but would now need a two-thirds majority vote for decertification. The advisory board would also need to point to “clear and convincing evidence” of the misconduct.

The officer would also have the right to review and contest any disciplinary action.

“While we still have some concerns with the undefined and broad sections of SB 2, we greatly appreciate the work that went in to the final version,” California Police Chiefs Association President Abdul Pridgen said in a statement. “Moving forward, we will work to make sure this law is implemented in a way that provides due process and effectively removes officers for serious misconduct.”

The amendments earned SB 2 extra votes from moderate Democrats in the Senate compared to its first vote in the chamber in May.

Sen. Melissa Hurtado, D-Sanger, said she’d support the bill even though she still has “a little bit of concern, a little bit of fear.”

“I’m not the biggest fan of the way the commission is set up, but I hope we will continue to work on improvements,” Hurtado said.

The bill passed the Assembly on a 49-21 vote, and the Senate on a 28-9 vote.

Newsom now has until Oct. 10 to sign or veto SB 2.

This story was originally published September 8, 2021 at 2:26 PM.