Capitol Beat – Use of Force: Where Are We Now?

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

AB 392 by Assembly Member Weber (D-San Diego), the use-of-force bill we have been working against (but, as amended, we are neutral), passed the Senate floor on July 10. It was approved by both houses and is now enrolled and sent to the governor. PORAC and the law enforcement community worked diligently to ensure that AB 392 did not make it out of the Legislature in its original form, which would have created a “necessary” standard that eliminated officers’ right to self-defense by requiring them to exhaust all other alternatives before using deadly force. In April, the bill was dramatically amended. It now strengthens the state’s current standard for authorizing use of force, but its definition of “necessary” conforms to Graham v. Connor and the objectively reasonable force standard. Due to these amendments, PORAC removed our opposition to AB 392 and went neutral, as did all other law enforcement groups.

Our sponsored legislation, SB 230 by Senator Caballero (D-Salinas), is currently waiting to be heard in the Assembly Appropriations Committee. SB 230 is on suspense file, meaning it is determined to have an annual fiscal impact of $150,000 or more; therefore, it will be heard at a special Appropriations hearing with the other suspense bills in late August. PORAC and the team at ARA spent nearly a year developing SB 230 and ensuring that it stays true to our original intent. SB 230 provides officers with the tools and training they need, including de-escalation tactics, interacting with vulnerable populations and alternatives to use of deadly force. We continue to receive pushback on our bill and requests for amendments from the opposition, but we oppose any substantive amendments. We are proud of the work of PORAC leadership has done on SB 230 and the commitment of Senator Caballero in maintaining the integrity of this bill.

The intense debate on use of force continues, but we are confident that our hard work will pay off. PORAC’s primary goal throughout this whole process has been to ensure the safety of our officers and the public we serve. PORAC has played a vital role in working with the governor, legislative leadership and stakeholders to communicate the needs of our members and reach solutions that everyone can agree on. Ultimately, as the largest law enforcement association in California, it is our job to advocate for a reasonable use-of-force package that includes training and sound policy.

Use of force is a topic that will likely be discussed for years to come, but we are confident in PORAC and ARA’s platform, and our strong relationship with our legislative leaders, to ensure that our voices are heard now and in the future.

Summer Recess

The kids aren’t the only ones who get a summer break in California. From July 12 to August 12, the State Legislature adjourns for summer recess. In a non-election year like this, the month is often spent traveling, spending time with family and connecting with constituents in their districts. Next year, it will likely be spent campaigning for re-election. July 12 marked the last day for policy committees to meet and report bills, but the bills that survive policy still have a long road ahead. The reality is, the job of the Legislature never ends.

When legislators return from summer recess, they will have five weeks to get their bills passed. For the team at Aaron Read & Associates (ARA), this means there will be days full of meetings, negotiations and long hours spent in our State Capitol building. Bills can continue to be amended on the floor until the deadline of September 6, and the final day for bills to pass in each house is September 13. If, in the five weeks after summer recess, a bill passes through both the Senate and the Assembly, it is sent to the governor, who then has 30 days to sign or veto it. If bills fail to meet deadlines, they are not necessarily dead; they can oftentimes be brought up again next year as “two-year bills.” However, there are hearing deadlines they must meet. In the coming months, PORAC, along with ARA, will continue to create opportunities to work with legislators and their staff to address the critical issues facing law enforcement.

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.