Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires law enforcement agencies to receive approval before acquiring military-grade equipment.

Highlights:

• Requires all law enforcement agencies to obtain approval from their governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body, as applicable, before engaging in any of the following (Sec. 3):

• Requesting military equipment;

• Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers;

• Acquiring military equipment either permanently or temporarily, including by borrowing or leasing;

• Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body;

• Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body according to this law; or

• Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

• Amends rules to restrict the governing body from approving military equipment unless the body determines all of the following (Sec. 3):

• The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

• The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;

• If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

• Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires law enforcement agencies to receive approval before acquiring military-grade equipment.

Highlights:

• Requires all law enforcement agencies to obtain approval from their governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body, as applicable, before engaging in any of the following (Sec. 3):

• Requesting military equipment;

• Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers;

• Acquiring military equipment either permanently or temporarily, including by borrowing or leasing;

• Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body;

• Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body according to this law; or

• Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

• Amends rules to restrict the governing body from approving military equipment unless the body determines all of the following (Sec. 3):

• The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

• The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;

• If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

• Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Full Bill Text