California 2019-2020 Regular Session Status: Passed Assembly 1 D cosponsors

AB 1652 — Law enforcement agency policies: use of force: protests.

Last action — Re-referred to Com. on PUB. S.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires, no later than January 1, 2021, each law enforcement agency to maintain a policy that provides a standard on the use of force by implementing various guidelines and procedures and to make that policy accessible to the public. Existing law also requires a uniformed peace officer to wear a badge, nameplate, or other device which bears clearly on its face the identification number or name of the officer. This bill would require each law enforcement agency to expand the agency's use of force policy to include clear and specific guidelines under which officers may use "kettling" or "corralling," as defined by the bill, and to prohibit officers from failing to wear, or intentionally acting to obscure or conceal information on, a badge while on duty. The bill would also require each agency's policy to prohibit law enforcement officers from using force on individuals engaged in, or members of the press covering, a lawful assembly or protest, as specified, and would further require the policy to require that an officer who is found to have intentionally violated this policy be suspended, as specified. By imposing additional duties on local law enforcement agencies, the bill would impose a state-mandated local program. (2) Existing law makes it a crime to willfully resist, delay, or obstruct any public officer, peace officer, or an emergency medical technician, as defined, in the discharge or attempt to discharge any duty of the office or employment, when no other punishment is prescribed. Existing law exempts from the scope of that crime a person who takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place the person has the right to be, and further provides that those acts do not constitute, in and of itself, commission of the crime proscribed, nor a reasonable suspicion to detain the person or probable cause to arrest the person. This bill would authorize a person who is detained or arrested for engaging in an act that is exempt as described above to recover actual damages, punitive damages not exceeding $25,000 per violation, and reasonable attorney's fees, in addition to any other remedy at law. If that person is detained or arrested in violation of specified law enforcement agency policies relating to the use of force, the bill would also authorize the person to recover additional punitive damages not exceeding $25,000 per violation and reasonable attorney's fees, in addition to any other remedy at law. (3) Existing law makes every person who participates in any rout or unlawful assembly guilty of a misdemeanor. This bill would instead make every person who participates in any rout or unlawful assembly guilty of an infraction. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Re-referred to Com. on PUB. S.

  2. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  3. Read second time. Ordered to third reading.

  4. Read third time and amended. Ordered to second reading.

  5. Read second time. Ordered to third reading.

  6. Ordered to second reading.

  7. From inactive file.

  8. Ordered to inactive file at the request of Senator Hertzberg.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 6. Noes 0.) (June 18).

  11. Referred to Com. on PUB. S.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 10. Page 1504.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 7. Noes 1.) (April 23).

  16. Re-referred to Com. on PUB. S.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  18. Referred to Com. on PUB. S.

  19. Read first time.

  20. From printer. May be heard in committee March 25.

  21. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 2000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Moorlach — Yea
Mitchell — Yea
Bradford — Yea
Skinner — Yea
Morrell — Not Voting
Jackson, Corey A. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1652 Wicks Assembly Third Reading

Passed 63 Yea · 10 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 41502
Democratic 22102
Republican 0403
Total 631007
% of votes cast 79%13%0%9%
How each member voted (80)
Member Party Vote
Brough — Yea
Kiley — Yea
Frazier — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
McCarty — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Voepel — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Salas — Not Voting
Mayes — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay
Patterson, Joe Republican Not Voting

Official roll call →

Do pass.

Passed 7 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 5000
Republican 0100
Total 7100
% of votes cast 88%13%0%0%
How each member voted (8)
Member Party Vote
Santiago — Yea
Diep — Yea
Kamlager-Dove — Yea
Jones-Sawyer — Yea
Quirk — Yea
Bauer-Kahan, Rebecca Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1652 do?
(1) Existing law requires, no later than January 1, 2021, each law enforcement agency to maintain a policy that provides a standard on the use of force by implementing various guidelines and procedures and to make that policy accessible to the public. Existing law also requires a uniformed peace officer to wear a badge, nameplate, or other device which bears clearly on its face the identification number or name of the officer. This bill would require each law enforcement agency to expand the agency's use of force policy to include clear and specific guidelines under which officers may use "kettling" or "corralling," as defined by the bill, and to prohibit officers from failing to wear, or intentionally acting to obscure or conceal information on, a badge while on duty. The bill would also require each agency's policy to prohibit law enforcement officers from using force on individuals engaged in, or members of the press covering, a lawful assembly or protest, as specified, and would further require the policy to require that an officer who is found to have intentionally violated this policy be suspended, as specified. By imposing additional duties on local law enforcement agencies, the bill would impose a state-mandated local program. (2) Existing law makes it a crime to willfully resist, delay, or obstruct any public officer, peace officer, or an emergency medical technician, as defined, in the discharge or attempt to discharge any duty of the office or employment, when no other punishment is prescribed. Existing law exempts from the scope of that crime a person who takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place the person has the right to be, and further provides that those acts do not constitute, in and of itself, commission of the crime proscribed, nor a reasonable suspicion to detain the person or probable cause to arrest the person. This bill would authorize a person who is detained or arrested for engaging in an act that is exempt as described above to recover actual damages, punitive damages not exceeding $25,000 per violation, and reasonable attorney's fees, in addition to any other remedy at law. If that person is detained or arrested in violation of specified law enforcement agency policies relating to the use of force, the bill would also authorize the person to recover additional punitive damages not exceeding $25,000 per violation and reasonable attorney's fees, in addition to any other remedy at law. (3) Existing law makes every person who participates in any rout or unlawful assembly guilty of a misdemeanor. This bill would instead make every person who participates in any rout or unlawful assembly guilty of an infraction. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 1652?
AB 1652 is sponsored by Wicks, Buffy (Democratic).
What is the current status of AB 1652?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1652?
Track AB 1652 free on One Click Politics — get push/email alerts when it moves.

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