New Lathrop Police Department
California Assembly Bill 481
Military Equipment Use Policy
CITY COUNCIL SPECIAL MEETING
MAY 16, 2022
ITEM 5.2
To seek City Council approval for use of military style equipment as defined in California State Assembly Bill 481.
To outline and explain the use policy for equipment that will be utilized by the new Lathrop Police Department.
To outline the equipment described in State Assembly Bill 481 to be utilized by the new Police Department in order to maintain public safety and the highest quality of police service to all of our communities.
Summary
• On September 30, 2021, Governor Newsom signed into law 7 major peace officer reform bills, including Assembly Bill 481 (AB 481), to address the funding, acquisition and use of items lawmakers deem to be considered military equipment. • AB 481 codified in GC Sections 7070-7075, requires local Police Departments to implement a new military equipment use policy via ordinance, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. • AB 481 requires each law enforcement agency’s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022.
Background
• The May 1, 2022 deadline is for any existing law enforcement agency to begin the governing body approval process if the agency acquired equipment before January 1, 2022.
• Since the City of Lathrop is currently transitioning into its own Police Department, with a commission start date of July 1, 2022, and currently under the jurisdiction of the San Joaquin County Sheriff ’s office, the City has time to establish the military policy outside of the required deadlines.
• Tonight, the new Lathrop Police Department presents their Draft Military Equipment Use Policy and Equipment List.
Background
Per the statute, “military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
Military Equipment Use Policy
5. The training, including any course required by the Commission on Peace Officer Standards and Training (POST), that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
Military Equipment Use Policy (cont.)
• Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy.
• Obtain approval by the applicable governing body, by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
• Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.
• Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.
• Hold at least one well publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.
Requirements of AB 481
AB 481 designates the following 15 categories of items as military equipment:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected vehicles (MRAP) or armored personnel carriers.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one- half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
8. Firearms of .50 caliber or greater, excluding standard issue shotguns.
Definition of Military Equipment - GC 7070
9. Ammunition of .50 caliber or greater, excluding standard issue shotgun ammunition.
10. 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/weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. Projectile launch platforms and their associated munitions including 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
Definition of Military Equipment (cont.)
Equipment Name Quantity Owned
/Sought
Cost of Equipment
5.56 mm Semiautomatic
Rifles and ammo
CA Gov’t Code §7070(c)(10)
35 owned (16”) Initial cost $43,125; ongoing costs
for ammunition will vary;
maintenance will be conducted by
police department staff.
40mm Launchers and rounds 8 Initial cost $6,979; ongoing costs for ammunition will vary;
maintenance will be conducted by
police department staff.
Equipment Proposed
5.56MM RIFFLES 40MM LAUNCHERS
Equipment Proposed
• The new Lathrop Police Department may be required to assist or be assisted by other law enforcement agencies in a formal Law Enforcement Mutual Aid Request, or support with day-to-day operational collaboration.
• These partnerships with allied law enforcement agencies and the ability to provide mutual aid and operation collaboration is an integral part of maintaining the continuity of public safety within the region. • In certain mutual aid operational collaboration circumstances, it may be necessary for the new Lathrop Police Department to utilize military equipment to fulfill an assignment mission (i.e. SWAT/ law enforcement requests or other critical incidents).
• In those situations, the new Lathrop Police Department sworn staff are required to adhere to the Department’s Military Use Procedures and all related Department policies and procedures, regardless of operational jurisdiction.
• Conversely, should another law enforcement agency assist in mutual aid request in the City of Lathrop, this proposed procedure has been established to ensure that their use of military equipment is consistent with the guidelines set forth within the new Lathrop Police Department’s Military Equipment Use Policy.
Law Enforcement Mutual Aid Request
First Action:
• Hold a public hearing, and consider an Urgency Ordinance adopting the new Lathrop Police Department Military Equipment Policy, effective immediately through July 15, 2022.
• A minimum of four (4) affirmative votes of Council members are required to approve the proposed Urgency Ordinance.
• The adoption of the Urgency Ordinance would allow Officers to be in compliance with the new law should certain equipment on the list be needed prior to July 15, 2022, when the regular Ordinance goes into effect.
Council Requested Actions
Second Action:
• Hold a second public hearing, introduce, and conduct the first reading of an Ordinance adopting the new Lathrop Police Department Military Equipment Policy.
Council is also asked to set the second reading and adoption of the Ordinance for the Regular Meeting of June 13, 2022.
• This ordinance will become effect on the 31st day after the second reading, specifically July 14, 2022.
Council Requested Actions