Hercules Police Department
2023 Annual Military Equipment Report
Assembly Bill 481: Military Equipment Funding, Acquisition, and Use Policy September, 2021 Governor Newsom signed into legislation bills designed to increase transparency and reform policing.
Releasing Records
Decertification
Accountability Guidelines
Increased Eligibility Standards
Banning Harmful Techniques
Creating a Public Forum for Funding, Acquisition, Use of Military Equipment
What is “Military Equipment”?
Fifteen categories were created in the legislation to define what “Military Equipment” was for the purpose of the Bill:
Unmanned, remotely piloted, powered aerial or ground vehicles Mine-resistant ambush-protected vehicles or armored personnel carriers 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 Tracked armored vehicles that provide ballistic protection to their occupants Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Weaponized aircraft, vessels, or vehicles of any kind
Battering rams, slugs, and breaching apparatuses that are explosive in nature Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
What is “Military Equipment”? Cont…
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 Any firearm or firearm accessory that is designed to launch explosive projectiles Noise-flash diversionary devices and explosive breaching tools Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices Kinetic energy weapons and munitions
Any other equipment as determined by a governing body or a state agency to require additional oversight
Requirements of AB 481
Adopted written policy in May 2022
Written policy was posted on City Website with 30 days notice prior to public discussion Provide itemized list of each item of qualifying military equipment to include:
Description, quantity, capabilities, expected lifespan
Purpose and authorized use
Fiscal impact including initial cost and estimated annual costs Legal and procedural rules governing authorized use
Prerequisite training prior to being used
Mechanisms to ensure compliance with policy
Procedures for complaints
Prepare an annual report for Council as well as a public forum.
Inventory of qualifying HPD Military Equipment
HPD currently has in inventory equipment in the following categories:
Unmanned, remotely piloted, powered aerial devices
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons Noise-flash diversionary devices and explosive breaching tools Any firearm or firearm accessory that is designed to launch explosive projectiles Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray Kinetic energy weapons and munitions
DRONES
Unmanned, remotely piloted, powered aerial devices (2 drones)
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (1 Special Response Team van)
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 (28 - .223 caliber patrol rifles capable of firing 5.56mm ammunition)
Any firearm or firearm accessory that is designed to launch explosive projectiles (1 – S&W Mod. 226 37mm launcher)
Kinetic energy weapons and munitions (5 Kinetic Energy shotguns)
Noise-flash diversionary devices and explosive breaching tools (24 Noise Flash Diversionary Devices)Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (10 - 12 ga. “penetrator” rounds capable of delivering powdered OC through thin walls or windows. Officers assigned to the County-wide Mobile Field Force are issued Def-Tech CS gas canisters while in that position)
Annual Audit Report
Complaints or Concerns – 2
Violations of equipment – 0
Additional equipment requested – 0
Injuries caused by military equipment – 0