Military Equipment Use
Policy for the San José
Police Department
Presenter: Captain Steve Lagorio
City Council | June 21, 2022 | Item 4.1
History
▪ November 2021 – AB 481 Passed
▪ January 2022 – CA Government Code § 7070
▪ January 2022 – Inventory Complete
▪ May 2022 – Guidelines Complete
▪ May 2022 – Guidelines Posted and Public Notification
Contextual Definitions
▪ Governing Body
▪ Law Enforcement Agency
▪ Military Equipment
▪ Military Equipment Use Policy
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=7070 Military Equipment (abbreviated)
1. UAVs
2. MRAPs or Armored Personnel Carriers
3. HMMWVs, BearCat
4. Tracked Armored Vehicles
5. Command and Control Vehicles
6. Weaponized Aircraft or Vehicles
7. Explosive Rams or Breaching Tools
8. .50 cal or Greater Firearms
9. .50 cal or Greater Ammunition
10. Specialized Firearms or Assault Weapons
11. Explosive Projectile Launchers
12. Flashbangs, Tear Gas, and Pepper Balls
13. LRAD, Taser Shockwave, and Microwave Weapons
14. 40mm Launchers, Stunbag Shotguns, and SIM Weapons
15. Any Other Equipment Determined by the Governing Body
16. Does Not Include Authorized General Equipment from the Federal Defense Logistics Agency
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=7070 Traditional Military Equipment
MRAP HMMWV
Policy Chronology
Establishing Policy Posting Policy &
Inventory
Holding Public
Forum for Input
and Transparency
Annual Updates
to This Governing
Body
Policy Topics (abbreviated)
1. Description, quantity, capabilities, lifespan, and description
2. Purpose and authorized uses
3. Fiscal impact including initial costs and estimated annual costs
4. Legal and procedural rules
5. Training for use
6. Oversight and mechanisms to ensure compliance with the policy
7. Means by which to register complaints, concerns, or questions, including timely response
8. (Future items to be sought)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=7070 Current Requests
“MedCat” BearCat Medevac ROOK
Next Steps
Policy
Approval
Use
Tracking
Ongoing
Inventory
Annual
Reporting
Questions