Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy
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 Campbell Police Department has equipment that meets the criteria for 10 of the 15 categories (categories 1, 2, 3, 5, 7, 8, 9, 11, 12 and 14):
- Equipment Category 1 - Unmanned, remotely piloted, powered aerial or ground vehicles.
- Equipment Category 2 - Mine-resistant ambush-protected vehicles or armored personnel carriers.
- Equipment Category 3 - 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 4 - Tracked armored vehicles that provide ballistic protection to their occupants.
- Equipment Category 5 - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
- Equipment Category 6 - Weaponized aircraft, vessels, or vehicles of any kind.
- Equipment Category 7 - Battering rams, slugs, and breaching apparatuses that are explosive in nature.
- Equipment Category 8 - Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
- Equipment Category 9 - 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 10 - Any firearm or firearm accessory that is designed to launch explosive projectiles.
- Equipment Category 11 - Noise-flash diversionary devices and explosive breaching tools.
- Equipment Category 12 - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
- Equipment Category 13 - TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices.
- Equipment Category 14 - Kinetic energy weapons and munitions.
- Equipment Category 15 - Any other equipment as determined by a governing body or a state agency to require additional oversight.
The full text of AB 481 is available here.
Requirements of AB 481
AB 481 requires each law enforcement agency's governing body to commence with the adoption of a written military use policy by ordinance in a public forum by April 30, 2022, in order to continue the use of this previously acquired equipment effective May 1, 2022.
The ordinance related to AB 481 is scheduled to go before the Campbell City Council Tuesday, April 19 at 7:30 PM.
To help guide this process, CPD has crafted a summary of AB 481 for our residents, as well as the following required materials:
- CPD's draft Lexipol Policy 709 is available to view here. The AB 481 defined list of military equipment currently in CPD's possession is included in the draft policy, as well as each items purpose, authorized use, expected lifespan and fiscal impact
- Establish a concern or complaint process. For many years, CPD has had a means for the public to submit commendations, questions and complaints. Additional information can be found on our Community Feedback page.
- Prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of CPD Lexipol Policy 709, the cost of such use and other similar information. This webpage will be utilized for distribution of any updates to the above materials as well as for the Annual Report. The first Annual Report will be distributed on or around May, 2023.
Public Input Regarding AB 481
CPD is hosting a community meeting to answers questions or concerns and receive feedback regarding AB 481 and the equipment we currently use. We have uploaded multiple written documents on this website prior to the meeting to meet the requirements of AB 481.
Monday, April 11
Campbell Community Center
1 W. Campbell Ave
The Community Meeting includes:
- Purpose of the new legislation
- Definition of military equipment
- CPD’s military equipment inventory
- CPD’s proposed equipment funding, acquisition and use policy
- Pending annual report requirement
- Community engagement and public access to materials
For our residents and fellow law enforcement agencies who were unable to participate in the Community Meeting, the PowerPoint and meeting recording will be available for your review.