5 New Criminal Justice Laws In CA To Know

CALIFORNIA — Gov. Gavin Newsom signed a suite of criminal justice laws that were a direct response to last year's sweeping social justice movement, which was spurred by George Floyd's death at the hands of a police officer.

Floyd's murder reignited calls to make significant changes to the practices of police officers and the law enforcement agencies they serve.

A flurry of new laws in California related to policing will make changes to how officers are certified, fortify an officer's duty to intercept his or her peers using excessive force, require agencies to get the approval of local municipalities before acquiring military equipment, restrict the use of nonlethal bullets and more.

Many of the new laws are also meant to stamp out racial profiling and safeguard historically marginalized communities.

The governor signed many of these laws at Rowley Park last month alongside families of those who were victims of police brutality.

"Today marks another step toward healing and justice for all,” Newsom said. "Too many lives have been lost due to racial profiling and excessive use of force. We cannot change what is past, but we can build accountability, root out racial injustice and fight systemic racism.

"We are all indebted to the families who have persevered through their grief to continue this fight and work toward a more just future."

Here are five new Golden State criminal justice laws you should know about.

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1. Badges To Be Taken From Police Officers Who Act Criminally

Perhaps the most significant among the new bills signed by the Democratic governor is one meant to strengthen the state's legal checks on the power of law enforcement agencies. SB 2 will strip badges of police officers who act criminally or with bias.

Police officers in California can have their certification taken away for using excessive force, committing sexual assault, making a false report or arrest, intimidating witnesses or participating in law enforcement gangs, according to the state.

Officers will also have their badges taken if they demonstrate bias based on religion, gender identity, race, sexual orientation, physical disability or mental differences, according to the text of the bill.

2. Officers Must Intercede When Witnessing Excessive Force

Earlier this month, Newsom signed the "George Floyd Bill," AB-26, which is meant to establish clear guidelines for an officer's responsibility to mitigate situations of excessive force. The bill tasks police officers with interceding with colleagues who exhibit excessive force.

"Derek Chauvin was charged for killing George Floyd, but justice for George Floyd doesn’t rest in Chauvin’s conviction alone — there were three additional officers [who] simply stood by and watched him die," said the bill's author, Assemblymember Chris Holden (D-Pasadena), in a statement.

The new law establishes the use of de-escalation techniques, requires officers to immediately report potential excessive force and prohibits retaliation against officers who report violations of law or regulation of another officer to a supervisor, according to the bill.

The bill also tasks agencies with disciplining an officer who fails to intercede in situations where violent force is used.

3. Raising The Minimum Age Of Police Officers In California

AB-89 raises the minimum age for police officers from 18 to 21 in the "interest of minimizing peace officer use of deadly force," according to the bill.

The sweeping change is meant to reflect a scientific understanding that cognitive brain development continues beyond age 18 and into early adulthood. Certain areas of the brain, especially those affecting judgment and decision-making, do not develop until the early to mid-20s, according to the bill.

"Law enforcement officers are required to make split-second decisions to protect the health and safety of the public and address dangerous situations," according to the bill. "A young adult with a still developing brain may struggle during events that require quick decision-making and judgments."

The bill also requires the Chancellor of California Community Colleges to develop a modern policing degree program.

4. Restricting The Use Of Rubber Bullets, Tear Gas

The governor signed AB-48 in late September, which restricts officer use of kinetic projectile weapons and chemical agents such as rubber bullets and tear gas.

Authored by Assemblywoman Lorena Gonzalez (D-San Diego), the new law allows the use of such weapons and chemical agents only after de-escalation techniques have been used. Police officers will have to repeat audible announcements to communicate that such weapons will be used.

Indiscriminate firing into crowds — such as those protesting or holding a demonstration — is prohibited by the new law.

"We've all seen and heard horrifying stories from those who were severely harmed by projectiles like rubber bullets and chemical agents. There is no excuse for these weapons to ever be indiscriminately fired into a crowd," Gonzalez said, The Sacramento Bee reported. "AB 48 finally creates basic standards to help minimize the excessive, unwarranted use of these dangerous weapons. This law will protect Californians’ right to safely protest without risking permanent or life-threatening injuries."

5. Requires Approval From Local Municipalities To Approve Military Equipment

A bill introduced by Assemblymember David Chiu (D-San Francisco) will limit policing agencies in acquiring military-style gear. AB-481 will not prohibit such purchases — armored vehicles, explosives, drones, etc. — but it will task agencies with acquiring approval from city councils and other local governing bodies.

The bill will also require agencies to illustrate the need for the equipment and renew permissions for continued use each year.

Since 1997, the military has transferred $7.5 billion worth of equipment to 8,000 law enforcement agencies, according to a report from the U.S. Defense Logistics Agency.

"Our streets in California are not war zones. Our citizens are not enemy combatants," Chiu said in a statement. "The weapons and equipment they use should reflect that reality."