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Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy

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On September 30, 2021, Governor Newsom signed a series of eight (8) policing reform legislation aimed at increasing transparency of peace officer misconduct records and creates a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creates a public forum for the funding, acquisition and use of military equipment.

AB 481 was authored by Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition and use of military equipment. 

AB 481 Definition of Military Equipment

The Assembly Bill has designated the following categories of items as military equipment. The Santa Clara Police Department has equipment that meets the criteria for 7 of the 15 categories (categories 1, 3, 5, 7, 10, 12 and 14):

  • Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1)

  • Mine-resistant ambush-protected vehicles or armored personnel carriers (Equipment Category 2)

  • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached (Equipment Category 3)

  • Tracked armored vehicles that provide ballistic protection to their occupants (Equipment Category 4)

  • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5)

  • Weaponized aircraft, vessels, or vehicles of any kind (Equipment Category 6)

  • Battering rams, slugs, and breaching apparatuses that are explosive in nature (Equipment Category 7)

  • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition (Equipment Category 8)

  • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns (Equipment Category 9)

  • Any firearm or firearm accessory that is designed to launch explosive projectiles (Equipment Category 10)

  • Noise-flash diversionary devices and explosive breaching tools (Equipment Category 11)

  • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12)

  • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Equipment Category 13)

  • Kinetic energy weapons and munitions (Equipment Category 14)

  • Any other equipment as determined by a governing body or a state agency to require additional oversight (Equipment Category 15)

The full text of AB 481 is available here. 

Requirements of AB 481 and Initial Action 

In 2022, AB 481 initially required each law enforcement agency's governing body to:

AB 481 Requirement
SCPD Response to AB 481

Establish a concern or complaint process

Prior to the implementation of AB 481, SCPD already had a means for the public to submit commendations, questions and complaints online

Prepare a written military use policy by Ordinance

The City Council unanimously approved Policy #706 as recommended. It is available with the balance of the Police Department's policies online.

Prepare a summary of military equipment in SCPD's possession, as well as each items purpose, authorized use, expected lifespan and fiscal impact

SCPD’s summary of military equipment was included with the Ordinance (above) approved by City Council

Conduct a community meeting

1 - Chief's Advisory Committee meeting on January 24, 2022

2 - Policing Community Engagement/Relations Subcommittee of the Task Force on Diversity, Equity and Inclusion meeting on February 2, 2022

3 - Virtual Community Meeting on February 10

4 - Task Force on Diversity, Equity and Inclusion meeting on February 28, 2022

5 - Feedback from each of the above meetings were incorporated into a Report to Council #23-249 for the public City Council meeting on May March 8, 2022. The Report to City Council and corresponding documents are available here. The audio from this meeting is available here.

 

NOTE:  SCPD has not obtained, nor does it utilize, any equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).

2023 Annual Report and Military Equipment Policy Community Engagement Process

The Police Department has utilized AB 481 guidelines to establish the following community engagement process:

  • Prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about policy violations, the cost of such use and other similar information. The 2023 Annual Report is posted here. The SCPD Policy #706 is here. This content was posted on March 20, 2024.

  • A convenient, well-publicized public meeting took place on Monday, April 22 at 6:30 p.m. at the Police Building (601 El Camino Real). The City's website and GovDelivery as well as the Police Department's social media platforms were utilized to publicize this meeting beginning on March 20, 2024.

  • Input received at the April meeting has been incorporated into the materials presented to the City Council. The revised 2023 Annual Report is posted here. Tentatively, the City Council will consider this item at their May 7, 2024 meeting in the City Council Chambers, 1500 Warburton Avenue (Report to Council #24-189). 

Complete agenda packets with back-up reports for City Council meetings are available online beginning the Friday before the Tuesday meeting. Resident participation is encouraged in any of the following ways:

Last Updated:
05-02-2024