Public Hearing
California Assembly Bill 481
Military Equipment Use Policy
CI T Y CO U N CI L R E G U L A R M E E T I N G
D E CE M B E R 11, 2023
I T E M 5. 1
• The Police Department is requesting City Council to hold a public hearing to consider an ordinance amending Chapter 9.20, titled “Military Equipment Use Policy”, to updated existing Military Equipment List for Military Equipment Use Policy No. 706, by incorporating funding, acquisition, and use of new military equipment for the Lathrop Police Department, in compliance with Government Code Sections 7070-7075, Assembly Bill 481 (Chieu).
• Additionally, staff requests City Council to adopt a Resolution accepting the Annual Military Equipment Report, summarizing the equipment use and funding from the initial approval, June 2022 to date.
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.
Background
• On June 13, 2022, the City Council adopted Ordinance 22-436, amending Title 9 “Public Peace and Welfare” of the Lathrop Municipal Code (LMC) by adding Chapter 9.20 titled “Military Equipment Use Policy” to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by AB 481.
• Military Equipment Use Policy No. 706 authorized the new Lathrop Police Department to fund, acquire, and use thirty-five 5.56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds.
Background – Prior Ordinances
• Subsequently, on December 12, 2022, the City Council adopted Ordinance 22-441, amending Chapter 9.20, by adding Section
9.20.050 titled “Active Policies” to incorporate new Lathrop Police Department Policy No. 606, regulating “Unmanned Aerial System (UAS) Operations”, and formally codifying previously approved Military equipment Use Policy No. 706, in compliance AB 481.
• Military Equipment Use Policy No. 606 authorized the Police Department to fund, acquire, and use four UAS operations, known as drones.
Background – Prior Ordinances
• 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.
Requirements of AB 481
• 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.
• On November 10, 2023, the City published the revised Military Equipment List for Military Equipment Use Policy No. 706 and the Annual Military Equipment Report on the dedicated Police Dept. AB 481 web page. • The Public Hearing Notice was also published with the Manteca Bulletin on November 10, 2023.
Requirements of AB 481
Equipment Proposed for Policy No. 706
Equipment Name Quantity Sought Cost of Equipment
5.56mm Semiautomatic Rifles
and amno 11 (11.5”) $2,010.08 each; $22,110.88 total
Remington 870 Less Lethal
Launcher / Drag Stabilized 12-
Gauge Bean Bag Round
8 Previously owned; repurposed for new use.
Super-sock Bean Bag
Ammunition
50 sets of 5 units; total
250 $7.50 per 5 Units; $375.00 total
5.56mm & 9mm Specialty
Impact Munitions 3,000 $3,000
Equipment Use Proposed for Policy No. 706
Equipment Name Equipment Use
5.56mm Semiautomatic Rifles and amno
The purpose of these equipment types are to
address a threat with more precise and or greater
distance than a handgun, if feasible. This
equipment is also used in training scenarios.
Officers are required to successfully complete
extensive firearms training, including entry and
movement trainings, and consistent weapons
qualifications to maintain proficiency with the
equipment.
Remington 870 Less Lethal Launcher /
Drag Stabilized 12-Gauge Bean Bag
Round
Super-sock Bean Bag Ammunition
5.56mm & 9mm Specialty Impact
Munitions
5.56MM SEMIAUTOMATIC RIFLES
AND AMNO
REMINGTON 870 LESS LETHAL LAUNCHER /
DRAG STABILIZED 12-GAUGE BEAN BAG
ROUND
Proposed Equipment
SUPER-SOCK BEAN BAG
AMMUNITION
5.56MM & 9MM SPECIALTY IMPACT
MUNITIONS
Proposed Equipment
Future Considerations for Policy No. 706 – Currently Approved for Mutual Aid Operations
Equipment Name & Use Future
Quantity to be
Requested
Approximate Cost of Equipment
Command and Control Vehicles used to
facilitate the operational control and
direction of public safety units – CA
Gov’t Code §7071(c)(4) - Assist in command
and control during law enforcement operations,
natural disasters, and public safety issues
1 LDV USA Custom Build Approximately
$370,000, if available will apply for grants
from Office of Homeland Security,
approximate annual maintenance $4,000
Lenco Bearcat G3 – 4 Door Model with
CBRNE capability – The increased ground
clearance and robust suspension allows for
emergency response in rural regions and natural
disaster scenarios where standard armored SWAT
vehicles would experience challenges.
1 LENCO BEARCAT Approximately
$281,000; if available will apply for COPS
grant; approximate annual maintenance
$3,500
COMMAND AND CONTROL
VEHICLES LENCO BEARCAT G3
Future Considerations
1. Hold a Pu bli cHearin gto hear testimon yre gardin gto t he proposed Ordinan ce and Annual Report.
2. Introdu ce and condu ct t he first readin g of the proposed ordinan ce amendin g C hapter 9.20, of Tit le 9, by amendin g Se ction 9.20 .050 titled “A cti ve Poli cies” to update e xistin gMi litar yEquipment List for Militar yEquipment Use Poli cy No. 706 , by in corporatin g funding, a cquisition, and use of ne wmi litar y equipment for t he Lat hrop Police Department, in complian ce wit h Go vernment Code Se ctions 7070- 7075, pursuant to Assembly Bill 481.
3. Adopt Resolution a cceptin g Annual Militar y Equipment Report, summarizin g t he equipment use and funding from the initial approval, June 2022 to date.
Council Requested Actions