Gavin Newsom signs police accountability law to keep troubled cops out of law enforcement
California Gov. Gavin Newsom signed a law Thursday that will make it easier to strip cops with misconduct records of their badges and keep them from jumping to another law enforcement agency without facing discipline.
Newsom’s signature fulfills more than a year’s worth of promises Democrats made after George Floyd’s murder in Minneapolis to weed out officers with concerning records of excessive force and other serious misconduct. California was one of only four states without a police decertification process.
“This has been hard,” Newsom said at a press conference in Gardena where he was joined by families of young men killed by police. “We have a lot to be proud of, but there are areas where we have nothing to brag about. California has asserted itself in certain areas, but it’s remarkable that we still struggle in other areas.”
Senate Bill 2 became one of the most-watched bills the Legislature considered this year. Sen. Steven Bradford, D-Gardena, initially introduced a similar proposal in 2020, but failed to get it through the Legislature.
This year, Senate President Pro Tem Toni Atkins, D-San Diego, joined Bradford as an author to put her office’s influence behind the proposal.
Supported by the ACLU and community organizing groups, the new law sets up a multi-step review process to determine whether an officer’s conduct warrants a suspension or license revocation.
The Commission on Peace Officers Standards and Training would first review a local agency’s investigation into the officer’s behavior and determine if another probe is necessary. An advisory board made up of two law enforcement representatives, six members of the community and an attorney could also be recruited to analyze the facts and offer a disciplinary recommendation.
Community members might come from nonprofits or community-based organizations and preference will be given to excessive force victims or family members of those killed by police. The advisory board would only be used if the commission believes an officer’s misconduct might call for more severe disciplinary action. The commission has the final say in either adopting or rejecting the board’s recommendation, and would need a two-thirds majority vote for decertification.
Alleged serious misconduct that could trigger an investigation includes physical abuse, gang activity, sexual assault, dishonesty or tampering with evidence. Officers would have the ability to review and contest any disciplinary action.
“SB 2 will end the wash, rinse and repeat cycle of police misconduct and ensure all officers in California are held to the same fair and appropriate standards,” Bradford said. “This bill is not just about holding bad officers accountable for their misconduct. It’s also about rebuilding trust between our communities and law enforcement.”
Fouzia Almarou, whose son Kenneth Ross Jr. was shot to death by a Gardena police officer in 2018, said the new law would “stop police from attacking and targeting and being racist toward Black and brown people.”
“I’m sick of it,” Almarou said. “I’m tired of seeing mothers crying. Everyday, I live with this pain and agony. It won’t go away...I will fight to get justice for my son.”
California police unions lobbied against law
Law enforcement unions and associations lobbied against SB 2. Opposing groups largely supported a decertification process in California, but raised questions about the composition of the advisory board over fears that it would be biased against officers.
Democrats and Republicans during floor debates made similar arguments and expressed concern that officers already feel demonized in California. SB 2 passed the Senate on a final 28-9 vote and the Assembly by 49-21. Many moderate Democrats in the Assembly abstained from voting.
After he amended SB 2 in the final weeks of the 2021 legislative session to address outstanding concerns, Bradford earned extra Democratic support in the Senate.
In a statement, the Peace Officers Research Association said it was still worried about the board, along with what it considers “unclear, subjective and vague definitions” of “serious misconduct.” The association also said the new law doesn’t address California Peace Officer’s Bill of Rights, a law that offers some protections to police facing misconduct investigations.
Gavin Newsom signs more police accountability laws
Newsom also signed the following police accountability bills:
▪ Assembly Bill 89: Previously, officers had to be at least 18 to get hired. This new law raises the hiring age to 21 and establishes certain higher education requirements for employment.
▪ Assembly Bill 490: This legislation expands on a law signed last year that prohibited carotid restraint and so-called “chokeholds.” AB 490 creates a more uniform standard on these restraints, specifically the knee-to-neck compression and other risky techniques.
▪ Assembly Bill 26: This so-called “George Floyd’s Law” requires cops to intervene in situations where other police officers are using excessive force. The bill clarifies current legal requirements by outlining exactly what constitutes intervention and when it should be used and how excessive force should be reported.
▪ Senate Bill 16: This bill expands what police misconduct records are allowed to be released under the California Public Records Act.
This story was originally published September 30, 2021 at 10:55 AM with the headline "Gavin Newsom signs police accountability law to keep troubled cops out of law enforcement."