Capitol Beat – Legislative Issues on PORAC’s Radar

Aaron Read and Randy Perry
Legislative Advocates
Aaron Read & Associates, LLC

Since Assembly Bill 931 by Assemblymember Shirley Weber (D–San Diego) was first amended to create a new “necessary” standard for the use of deadly force in April 2018, PORAC and the law enforcement community have come together to proactively address the issue in California. The effort this legislative session has included actively opposing AB 392 (Weber’s resurrected AB 931) and drafting and sponsoring SB 230 by Senator Ana Caballero (D–Salinas). This has been a highly complex and dynamic process that has involved numerous meetings with the governor’s office, Senate Pro Tem Toni Atkins, Senator Caballero and many other legislators, as well as meetings with the author and sponsors of AB 392, Weber and the American Civil Liberties Union (ACLU). In addition, PORAC has enlisted the guidance of use-of-force experts, lawyers and stakeholders from around the state to develop SB 230, our comprehensive legislation that would minimize use of deadly force in California. 

As a result of the work put in by PORAC leadership and the involvement of legislative leadership, informed and thoughtful amendments were made to both SB 230 and AB 392 that created a unified solution. AB 392 now strengthens the state’s current standard for authorizing use of force without the “necessary” standard, as defined in the original version of the bill. The necessary standard would have eliminated an officer’s right to self-defense by requiring them to exhaust all other alternatives before using deadly force. Due to these amendments, all law enforcement removed their opposition to AB 392 and remain neutral on the bill. SB 230 provides officers with the tools and training they need to implement the updated legal standard put forth by AB 392, including de-escalation tactics, interacting with vulnerable populations and alternatives to use of deadly force. This bill is unlike any legislation introduced in the nation, and PORAC is proud to pave the way in the effort to protect our communities and our officers as they uphold their commitment to serve and protect.

On May 28, SB 230 passed unanimously on the Senate floor (38–0). There were two vacancies in the 40-member Senate at the time. Senators Jim Nielsen, Bob Archuleta, Holly Mitchell and Bob Hertzberg spoke in support of the bill. Both bills are now set to be heard in the opposite house. We feel confident that SB 230 is a positive step toward building greater trust between our officers and the communities we serve.

Battle Over Death Penalty Continues

Every day, the team at Aaron Read & Associates tracks and reviews hundreds of bills that have a direct and significant impact on the way our members do their jobs. Although a solution has been reached with AB 392 and SB 230, our work is not over. Recently, we brought Assembly Constitutional Amendment (ACA) 12, authored by Assemblymember Marc Levine (D–Marin County), to PORAC’s Executive Committee. This measure would amend the California Constitution to prohibit the death penalty from being imposed as a punishment for any violation of law. The disagreement on the death penalty is not new; however, PORAC believes the most egregious crimes deserve the worst punishment. At some point, we have to say that we will not house, clothe or feed those who have murdered, raped or tortured. In 2016, California citizens voted to keep the death penalty, while making some necessary “fixes” to save California taxpayers millions of dollars per year, assure due process protections for those sentenced to death and promote justice for murder victims and their families. PORAC played an integral role in the passing of this initiative. ACA 12 undermines the public’s 2016 vote. PORAC is actively opposed to this measure.

Senate District 1 Special Election

On June 4, Senate District 1 held a special election to fill a vacant seat. The candidates running were Assemblymembers Brian Dahle and Kevin Kiley. Both candidates are highly qualified and respected by law enforcement; however, PORAC voted to endorse the senior legislator, Dahle, who has been a consistent and loyal supporter of our law enforcement family for over five years. PORAC teamed up with the California Association of Highway Patrolmen (CAHP) and CAL FIRE Local 2881 to develop a positive radio campaign for Dahle that aired throughout the district. Dahle defeated Kiley 53% to 47%. The newly-elected senator has personally reached out to thank PORAC for its support in his successful election.

As always, please do not hesitate to contact the team at Aaron Read & Associates if you have any legislative questions or concerns at (916) 448-3444 or email Aaron Read (aread@aaronread.com), Randy Perry (rperry@aaronread.com) or Michele Cervone (mcervone@aaronread.com). We are proud to be a part of the PORAC family.