AB 48 — Law enforcement: use of force.
Last action — Chaptered by Secretary of State - Chapter 404, Statutes of 2021.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 07, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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12 sponsors
1 primary, 11 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (7 D · 2 R) — cross-party backing.
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Cleared a recorded vote
Passed 8 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
(1) Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. This bill would prohibit the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be used to defend against a threat to life or serious bodily injury to any individual, including a peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control. The bill would define chemical agents to include, among other substances, chloroacetophenone tear gas or 2-chlorobenzalmalononitrile gas. The bill would make these provisions inapplicable within a county jail or state prison facility. This bill would also require each law enforcement agency, within a specified timeframe, to post on their internet website a summary, as described, of any incident in which a kinetic energy projectile or chemical agent is deployed by that agency for the purpose of crowd control. The bill would require the Department of Justice to provide a compiled list of links to these reports on its internet website. (2) Existing law requires each law enforcement agency to annually report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified. This bill would require these reports to be made monthly. By imposing new duties on law enforcement agencies, this bill would create a state-mandated local program. 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
- Chaptered 09/30/21 - Chaptered Current pdf September 30, 2021
- Enrolled 09/10/21 - Enrolled pdf September 10, 2021
- Amended 08/26/21 - Amended Senate pdf August 26, 2021
- Amended 03/16/21 - Amended Assembly pdf March 16, 2021
- Introduced 12/07/20 - Introduced pdf December 07, 2020
- AB48 View text html
Action History
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Chaptered by Secretary of State - Chapter 404, Statutes of 2021.
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Approved by the Governor.
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Enrolled and presented to the Governor at 5 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 19. Page 2920.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 2338.).
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 26).
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In committee: Referred to suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 6). Re-referred to Com. on APPR.
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Referred to Com. on PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 19. Page 1716.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 12. Noes 4.) (May 20).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (March 23). Re-referred to Com. on APPR.
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Coauthors revised.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee January 7.
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Read first time. To print.
Sponsors
- Ash Kalra · Cosponsor
- Chiu · Cosponsor
- Alex Lee · Cosponsor
- McCarty · Cosponsor
- Robert Rivas · Cosponsor
- Ting · Cosponsor
- Buffy Wicks · Cosponsor
- Scott D. Wiener · Cosponsor
- Juan Carrillo · Cosponsor
- Robert Garcia · Cosponsor
- Jeff Gonzalez · Cosponsor
- Jeff Gonzalez · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 11 co-sponsors · 110 not signed on · 18 voted No
Sponsors (1)
- Gonzalez, Jeff Republican
Co-sponsors (11)
- Kalra, Ash Democratic
- Chiu
- Lee, Alex Democratic
- McCarty
- Rivas, Robert Democratic
- Ting
- Wicks, Buffy Democratic
- Wiener, Scott D. Democratic
- Carrillo, Juan Democratic
- Garcia, Robert Democratic
- Gonzalez, Jeff Republican
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 23 | 1 | 0 | 3 |
| Unaffiliated | 26 | 9 | 0 | 9 |
| Republican | 0 | 9 | 0 | 0 |
| Total | 49 | 19 | 0 | 12 |
| % of votes cast | 61% | 24% | 0% | 15% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Friedman | — | Yea |
| Chiu | — | Yea |
| Rendon | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Salas | — | Yea |
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Maienschein | — | Yea |
| Quirk | — | Yea |
| Wood | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| Low | — | Yea |
| Villapudua | — | Not Voting |
| O'Donnell | — | Not Voting |
| Levine | — | Yea |
| Medina | — | Yea |
| McCarty | — | Yea |
| Burke | — | Yea |
| Chau | — | Yea |
| Voepel | — | Nay |
| Mathis | — | Nay |
| Bigelow | — | Nay |
| Kiley | — | Nay |
| Waldron | — | Nay |
| Smith | — | Nay |
| Cunningham | — | Nay |
| Gray | — | Not Voting |
| Rodriguez | — | Not Voting |
| Cooley | — | Not Voting |
| Mayes | — | Not Voting |
| Cooper | — | Not Voting |
| Daly | — | Not Voting |
| Frazier | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Lorena Gonzalez | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Vince Fong | — | Nay |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Not Voting |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Muratsuchi, Al | Democratic | Not Voting |
| Nguyen, Stephanie | Democratic | Nay |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Not Voting |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Nay |
| Choi, Steven S. | Republican | Nay |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Nay |
| Flora, Heath | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
| Valladares, Suzette Martinez | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 5 | 0 | 2 |
| Democratic | 10 | 1 | 0 | 2 |
| Republican | 0 | 4 | 0 | 0 |
| Total | 26 | 10 | 0 | 4 |
| % of votes cast | 65% | 25% | 0% | 10% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Kamlager | — | Yea |
| Rubio | — | Yea |
| Skinner | — | Yea |
| Hertzberg | — | Yea |
| Glazer | — | Yea |
| Leyva | — | Yea |
| Wieckowski | — | Yea |
| Atkins | — | Yea |
| Bradford | — | Yea |
| Eggman | — | Yea |
| Pan | — | Yea |
| Hueso | — | Yea |
| Min | — | Yea |
| Portantino | — | Yea |
| Gonzalez | — | Yea |
| Newman | — | Yea |
| Melendez | — | Nay |
| Nielsen | — | Nay |
| Bates | — | Nay |
| Borgeas | — | Nay |
| Wilk | — | Nay |
| Dodd | — | Not Voting |
| Roth | — | Not Voting |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Not Voting |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Nay |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Not Voting |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Ochoa Bogh, Rosilicie | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 3 | 1 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Kamlager | — | Yea |
| Portantino | — | Yea |
| Bradford | — | Yea |
| Bates | — | Nay |
| Laird, John | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Bates | — | Yea |
| Portantino | — | Yea |
| Wieckowski | — | Yea |
| Kamlager | — | Yea |
| Laird, John | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 4 | 1 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Kamlager | — | Yea |
| Skinner | — | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Ochoa Bogh, Rosilicie | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 22 | 2 | 0 | 4 |
| Unaffiliated | 24 | 8 | 0 | 9 |
| Republican | 0 | 9 | 0 | 1 |
| Total | 46 | 19 | 0 | 14 |
| % of votes cast | 58% | 24% | 0% | 18% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Friedman | — | Yea |
| Chiu | — | Yea |
| Rendon | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Salas | — | Yea |
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Maienschein | — | Yea |
| Quirk | — | Yea |
| Wood | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| Low | — | Yea |
| Levine | — | Yea |
| McCarty | — | Yea |
| Burke | — | Yea |
| Chau | — | Yea |
| Voepel | — | Nay |
| Mathis | — | Nay |
| Bigelow | — | Nay |
| Kiley | — | Nay |
| O'Donnell | — | Nay |
| Waldron | — | Nay |
| Smith | — | Nay |
| Cunningham | — | Nay |
| Gray | — | Not Voting |
| Cooley | — | Not Voting |
| Rodriguez | — | Not Voting |
| Mayes | — | Not Voting |
| Cooper | — | Not Voting |
| Daly | — | Not Voting |
| Frazier | — | Not Voting |
| Medina | — | Not Voting |
| Villapudua | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Lorena Gonzalez | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bryan, Isaac G. | 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 | Not Voting |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Muratsuchi, Al | Democratic | Not Voting |
| Nguyen, Stephanie | Democratic | Nay |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Not Voting |
| Ramos, James C. | Democratic | Not Voting |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Not Voting |
| Choi, Steven S. | Republican | Nay |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Nay |
| Flora, Heath | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Patterson, Joe | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
| Valladares, Suzette Martinez | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 0 |
| Democratic | 5 | 1 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 12 | 4 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Levine | — | Yea |
| Holden | — | Yea |
| Quirk | — | Yea |
| Chau | — | Yea |
| Bigelow | — | Nay |
| Eduardo Garcia | — | Yea |
| Lorena Gonzalez | — | Yea |
| Luz Rivas | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Fong, Mike | Democratic | Nay |
| Gabriel, Jesse | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 6 | 2 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Quirk | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Lackey, Tom | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 48 do?
- (1) Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. This bill would prohibit the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be used to defend against a threat to life or serious bodily injury to any individual, including a peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control. The bill would define chemical agents to include, among other substances, chloroacetophenone tear gas or 2-chlorobenzalmalononitrile gas. The bill would make these provisions inapplicable within a county jail or state prison facility. This bill would also require each law enforcement agency, within a specified timeframe, to post on their internet website a summary, as described, of any incident in which a kinetic energy projectile or chemical agent is deployed by that agency for the purpose of crowd control. The bill would require the Department of Justice to provide a compiled list of links to these reports on its internet website. (2) Existing law requires each law enforcement agency to annually report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified. This bill would require these reports to be made monthly. By imposing new duties on law enforcement agencies, this bill would create a state-mandated local program. 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 48?
- AB 48 is sponsored by Kalra, Ash (Democratic), Chiu, Lee, Alex (Democratic), McCarty, Rivas, Robert (Democratic), Ting, Wicks, Buffy (Democratic), Wiener, Scott D. (Democratic), Carrillo, Juan (Democratic), Garcia, Robert (Democratic), and Gonzalez, Jeff (Republican).
- What is the current status of AB 48?
- This bill has been enacted into law. Introduced December 07, 2020. Enacted.
- Where can I track AB 48?
- Track AB 48 free on One Click Politics — get push/email alerts when it moves.
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