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D - Presentation - California Assembly Bill 481: Military Equipment Funding, Acquisition, and Use Policy Annual Update

San Leandro City Council
May 15, 2023

Document
D - Presentation - California Assembly Bill 481: Military Equipment Funding, Acquisition, and Use Policy Annual Update
Meeting
May 15, 2023
Body
San Leandro City Council
Original file
758 KB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

California Assembly Bill 481:

Military Equipment Funding, Acquisition, and Use Policy Annual Update
Chief Abdul D. Pridgen
1 Staff Introductions
 Chief Abdul Pridgen
 Assistant Police Chief Luis Torres
 Captain Khan
 Lieutenant Brian Anthony
2 Agenda
 What is Assembly Bill 481?
 “Military Equipment” Defined and Categorized
 San Leandro Police Inventory by Category
 How We Used the “Military Equipment”
 Community Police Review Board Feedback
 Additional Requests
3 What is Assembly Bill 481?
 Signed into law by Governor Newson on September 30, 2021  Increases transparency, accountability and oversight for funding, acquisition and use of specified equipment
 Provides safeguards to protect public welfare, safety, and civil liberties
 Defines and categorizes “military equipment”
 Requires law enforcement agencies possessing “military equipment” to seek City Council approval for the
procurement and continued use of such equipment
 Requires an annual report to summarize usage, updates and internal audits 4
Military Equipment – Defined and Categorized
 Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1)  Mine-resistant ambush-protected vehicles or armored personnel carriers (Category 2)  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 (Category 3)
 Tracked armored vehicles that provide ballistic protection to their occupants (Category 4)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Category 5)  Weaponized aircraft, vessels, or vehicles of any kind (Category 6)  Battering rams, slugs, and breaching apparatuses that are explosive in nature (Category 7)  Firearms of .50 caliber or greater (Category 8) |
 Ammunition of .50 caliber or greater (Category 9)
 Specialized firearms and ammunition of less than .50 caliber (Category 10)  Any firearm or firearm accessory that is designed to launch explosive projectiles (Category 11)  Noise-flash diversionary devices and explosive breaching tools, munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Category 12)
 TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Category 13)  Kinetic energy weapons and munitions (Category 14)
 Any other equipment as determined by a governing body or a state agency to require additional oversight (Category 15) 5 *Highlighted represents SLPD existing PD Equipment
SLPD Military Equipment - Categorized
• Unmanned, remotely piloted, powered aerial or ground vehicles • Tactical Robot
• Unmanned Aerial Vehicle
Category 1
• Mine-resistant ambush-protected vehicles or armored personnel carriers (Cat 2) • MedEvac Armored Personnel Carrier
• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, fiveton trucks, or wheeled vehicles that have a breaching or entry apparatus attached (Cat 3) • Battering ram attached to the MedEvac Armored Personnel Carrier Category 2 & 3
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units • Mobile Command Post
• Mobile Hostage Negotiations Team Operation Command Vehicle Category 5
• Battering rams, slugs, and breaching apparatuses that are explosive in nature • Breaching Shotguns
• Breaching Rounds
Category 7 6
SLPD Military Equipment - Categorized
• Specialized firearms and ammunition of less than .50 caliber • AR-15 Rifles
• .308 Sniper Rifle
• Rifle Ammunition
Category 10
• Any firearm or firearm accessory that is designed to launch explosive projectiles • Bean Bag Shotgun
• 40MM Launcher
Category 11
• Noise-flash diversionary devices and explosive breaching tools, munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray • Flash Bangs
• Chemical Agents
Category 12
• Kinetic energy weapons and munitions
• 40MM Tactical Launcher
• Bean Bag Shotgun
• Bean Bags
Category 14 7
Military Equipment Usage in 2022/2023
8 * Non-training settings May 16, 2022 – April 30, 2023 SLPD Military Equipment
– Category 1
• 35 Deployments • Warrant Service • Barricaded Subjects • Suicidal Subjects • Scene Mapping • Search for: • Armed Individuals • Burglary Suspects • Theft Suspects • Robbery Suspects • Arson Suspect • Attempt/Murder Suspect • Prowlers • Restraining Order Violations • Missing Persons Matrice 300
UAV
9 SLPD Military Equipment – Category 1
• 4 Deployments
• Warrant Services
• Murder Suspect
• Robbery Suspect
Mavic 2 UAV
10 SLPD Military Equipment – Category 1
Mavic Ultra
Light UAV
(Mini)
11 • 5 Deployments
• Warrant Services
• Murder Suspect
• Robbery Suspect
• Barricaded Subject
• Domestic Violence
SLPD Military Equipment – Category 2 & 3
Summary
of
Incidents
12 • 12 Deployments
• Warrant Services
• Murder Suspect
• Attempt Murder
Suspect
• Robbery Suspects
• Barricaded Subject
• Active Shooter
• Armed Subject
SLPD Military Equipment – Category 5
• 5 Deployments
• Warrant Services
• Homicide
• Attempt Homicide
• Robbery
Mobile
Command
Post
• 5 Deployments
• Warrant Services
• Homicide
• Attempt Homicide
• Robbery
Mobile
Hostage
Negotiations
Command
Vehicle
13 SLPD Military Equipment – Category 11 & 14
Bean Bag
Shotgun/Rounds
14 • 5 Incidents that Bean Bag Shotguns Were Fired
• 19 Rounds Bean Bag Rounds Fired
• 5 Deployments
• Subject Armed with a Knife
• Vehicle Window Breach
Community Police Review Board Feedback
 Presented to the CPRB on April 19, 2023
 Board unanimously (6-0, with one absence) voted to communicate to Council the following five recommendations made to the Police Department:
 Designate the CPRB as the annual community engagement forum  Specify items 1 – 4 (robots and aerial vehicles) shall not be used for deadly force  Consider excluding or defining “exigent circumstances” from Policy 707  Consider specifically excluding categories of military equipment which the department does not currently posses
 Review policy to assure compliance with Assembly Bill 48 (use of chemical agents /kinetic energy projectiles for 1st Amendment assemblies)
15 Community Engagement Forum
 Amended Policy Section 707.9 to read:
 “Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting at a regularly scheduled Community Police Review Board Meeting, at which time the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.” 16 Robots and Aerial Vehicles Used for Deadly Force
 Amended “Legal and Procedural Rules” section under items 1 - 5 in the Military Equipment Inventory by adding the following language:
 “At no time shall anything be added/attached to the robot/aerial vehicle to make it weaponized.”
17 Exclude or Define “Exigent Circumstances”
 Amended language to Policy Section 707.7 to read:
 If there is a good faith belief that an emergency involving the danger of, or imminent threat, of death or serious physical injury to any person or destruction of property is occurring, has occurred, or is about to occur, In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/or use military equipment that is not included in the military equipment inventory section of this policy.
18 Exclude Military Equipment Not Currently in Possession  Not necessary since we are not asking Council to approve its usage 19 Assembly Bill 48 Compliance
 Assure compliance with AB 48, which restricts the use of chemical agents/kinetic energy projectiles for First Amendment Assemblies
 Already incorporated into Policy 431
 Amended Military Equipment Inventory by referencing Policy Section 431 in Items 24 - 28 20 Purchase Request – 40 Primary Weapon Systems Rifles
 40 Patrol Rifles
 Primary Weapon System Rifles
 Approximately $3,000 each ($120,000 total)
 Supplemental Law Enforcement Services Fund (Non-General Fund)  Replacement of all personally owned rifles
21 Purchase Request – 5 Small Unmanned Aerial Vehicles
 5 Additional Small Unmanned Aerial Vehicle sUAV’s
 DJI Matrice 30T sUAV
 Approximately $20,000 each ($100,000 total)
 Supplemental Law Enforcement Services Fund (Non-General Fund)  Increase from 9 sUAV’s to 14
 1 x DJI Matrice 300 RTK
 6 x DJI Mavic 2
 2 x mini/ultra light
 * 5 x DJI Matrice 30T
22 Additional Requests
 Ability to replenish/replace existing inventory
 Add policy section 707.5.1:
 “For all previously-approved equipment, the Department has the authority to purchase replenishment items throughout the year as needed to maintain adequate inventory due to use, breakage, or expiration.”
23 SLPD Assembly Bill 481 Website
 Current Policy
 Current Inventory
 https://www.sanleandro.org/1077/Assembly-Bill-481
24

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