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| 1 | + | Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 797Introduced by Assembly Member WeberFebruary 13, 2023 An act to add Section 13653 to the Penal Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 797, as amended, Weber. Local government: police review boards.Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Existing law also requires each department or agency to keep and maintain records of complaints and investigations, as specified.This bill would express the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers.This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death. The bill would require the commission to prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. By increasing the duties of local officials, this would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13653 is added to the Penal Code, to read:13653. (a) The governing body of each city and county shall, by January 15, 2025, create an independent community-based commission on law enforcement officer practices.(b) Each commission shall be comprised of all of the following:(1) An executive director appointed by the mayor or the chair of the board of supervisors. The executive director shall recruit and recommend selection of independent investigators, legal counsel, and support staff to the mayor or the chair of the board of supervisors.(2) Independent investigators.(3) Independent legal counsel. The legal counsel shall not, in other legal matters, concurrently represent the governing body which has employed or contracted with the law enforcement officer under investigation by the commission.(4) Commissioners. In the case of a city commission, one commissioner shall be appointed by the mayor and the other commissioners shall be appointed by the city council. In the case of a county commission, one commissioner shall be appointed by the chair of the board of supervisors and the other commissioners shall be appointed by the board of supervisors.(5) Support staff.(c) Each commission shall be authorized to do all of the following:(1) Conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death.(2) Issue and enforce compliance of subpoenas compelling production of all evidence and testimony of witnesses a commission may require in the course of its investigations.(d) Each commission shall prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 797Introduced by Assembly Member WeberFebruary 13, 2023 An act to add Section 13653 to the Penal Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 797, as amended, Weber. Local government: police review boards.Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Existing law also requires each department or agency to keep and maintain records of complaints and investigations, as specified.This bill would express the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers.This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death. The bill would require the commission to prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. By increasing the duties of local officials, this would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 23, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly January 03, 2024 | |
| 8 | 7 | Amended IN Assembly March 23, 2023 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 797 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member WeberFebruary 13, 2023 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Weber | |
| 19 | 18 | February 13, 2023 | |
| 20 | 19 | ||
| 21 | 20 | An act to add Section 13653 to the Penal Code, relating to local government. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 797, as amended, Weber. Local government: police review boards. | |
| 28 | 27 | ||
| 29 | - | Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Existing law also requires each department or agency to keep and maintain records of complaints and investigations, as specified.This bill would require the governing body of each city and county to, by January 15, 2025 | |
| 28 | + | Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Existing law also requires each department or agency to keep and maintain records of complaints and investigations, as specified.This bill would express the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers.This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death. The bill would require the commission to prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. By increasing the duties of local officials, this would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 30 | 29 | ||
| 31 | 30 | Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Existing law also requires each department or agency to keep and maintain records of complaints and investigations, as specified. | |
| 32 | 31 | ||
| 33 | - | This bill would require the governing body of each city and county to, by January 15, 2025, January 1, 2026, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death. The bill would require the commission to prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. By increasing the duties of local officials, this bill would impose a state-mandated local program. | |
| 32 | + | This bill would express the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death. The bill would require the commission to prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. By increasing the duties of local officials, this would impose a state-mandated local program. | |
| 34 | 37 | ||
| 35 | 38 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 36 | 39 | ||
| 37 | 40 | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 38 | 41 | ||
| 39 | 42 | ## Digest Key | |
| 40 | 43 | ||
| 41 | 44 | ## Bill Text | |
| 42 | 45 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 13653 is added to the Penal Code, to read:13653. (a) The governing body of each city and county shall, by January 15, 2025, | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 13653 is added to the Penal Code, to read:13653. (a) The governing body of each city and county shall, by January 15, 2025, create an independent community-based commission on law enforcement officer practices.(b) Each commission shall be comprised of all of the following:(1) An executive director appointed by the mayor or the chair of the board of supervisors. The executive director shall recruit and recommend selection of independent investigators, legal counsel, and support staff to the mayor or the chair of the board of supervisors.(2) Independent investigators.(3) Independent legal counsel. The legal counsel shall not, in other legal matters, concurrently represent the governing body which has employed or contracted with the law enforcement officer under investigation by the commission.(4) Commissioners. In the case of a city commission, one commissioner shall be appointed by the mayor and the other commissioners shall be appointed by the city council. In the case of a county commission, one commissioner shall be appointed by the chair of the board of supervisors and the other commissioners shall be appointed by the board of supervisors.(5) Support staff.(c) Each commission shall be authorized to do all of the following:(1) Conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death.(2) Issue and enforce compliance of subpoenas compelling production of all evidence and testimony of witnesses a commission may require in the course of its investigations.(d) Each commission shall prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers. | |
| 44 | 47 | ||
| 45 | 48 | The people of the State of California do enact as follows: | |
| 46 | 49 | ||
| 47 | 50 | ## The people of the State of California do enact as follows: | |
| 48 | 51 | ||
| 49 | - | SECTION 1. Section 13653 is added to the Penal Code, to read:13653. (a) The governing body of each city and county shall, by January 15, 2025 | |
| 52 | + | SECTION 1. Section 13653 is added to the Penal Code, to read:13653. (a) The governing body of each city and county shall, by January 15, 2025, create an independent community-based commission on law enforcement officer practices.(b) Each commission shall be comprised of all of the following:(1) An executive director appointed by the mayor or the chair of the board of supervisors. The executive director shall recruit and recommend selection of independent investigators, legal counsel, and support staff to the mayor or the chair of the board of supervisors.(2) Independent investigators.(3) Independent legal counsel. The legal counsel shall not, in other legal matters, concurrently represent the governing body which has employed or contracted with the law enforcement officer under investigation by the commission.(4) Commissioners. In the case of a city commission, one commissioner shall be appointed by the mayor and the other commissioners shall be appointed by the city council. In the case of a county commission, one commissioner shall be appointed by the chair of the board of supervisors and the other commissioners shall be appointed by the board of supervisors.(5) Support staff.(c) Each commission shall be authorized to do all of the following:(1) Conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death.(2) Issue and enforce compliance of subpoenas compelling production of all evidence and testimony of witnesses a commission may require in the course of its investigations.(d) Each commission shall prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. | |
| 50 | 53 | ||
| 51 | 54 | SECTION 1. Section 13653 is added to the Penal Code, to read: | |
| 52 | 55 | ||
| 53 | 56 | ### SECTION 1. | |
| 54 | 57 | ||
| 55 | - | 13653. (a) The governing body of each city and county shall, by January 15, 2025 | |
| 58 | + | 13653. (a) The governing body of each city and county shall, by January 15, 2025, create an independent community-based commission on law enforcement officer practices.(b) Each commission shall be comprised of all of the following:(1) An executive director appointed by the mayor or the chair of the board of supervisors. The executive director shall recruit and recommend selection of independent investigators, legal counsel, and support staff to the mayor or the chair of the board of supervisors.(2) Independent investigators.(3) Independent legal counsel. The legal counsel shall not, in other legal matters, concurrently represent the governing body which has employed or contracted with the law enforcement officer under investigation by the commission.(4) Commissioners. In the case of a city commission, one commissioner shall be appointed by the mayor and the other commissioners shall be appointed by the city council. In the case of a county commission, one commissioner shall be appointed by the chair of the board of supervisors and the other commissioners shall be appointed by the board of supervisors.(5) Support staff.(c) Each commission shall be authorized to do all of the following:(1) Conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death.(2) Issue and enforce compliance of subpoenas compelling production of all evidence and testimony of witnesses a commission may require in the course of its investigations.(d) Each commission shall prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. | |
| 56 | 59 | ||
| 57 | - | 13653. (a) The governing body of each city and county shall, by January 15, 2025 | |
| 60 | + | 13653. (a) The governing body of each city and county shall, by January 15, 2025, create an independent community-based commission on law enforcement officer practices.(b) Each commission shall be comprised of all of the following:(1) An executive director appointed by the mayor or the chair of the board of supervisors. The executive director shall recruit and recommend selection of independent investigators, legal counsel, and support staff to the mayor or the chair of the board of supervisors.(2) Independent investigators.(3) Independent legal counsel. The legal counsel shall not, in other legal matters, concurrently represent the governing body which has employed or contracted with the law enforcement officer under investigation by the commission.(4) Commissioners. In the case of a city commission, one commissioner shall be appointed by the mayor and the other commissioners shall be appointed by the city council. In the case of a county commission, one commissioner shall be appointed by the chair of the board of supervisors and the other commissioners shall be appointed by the board of supervisors.(5) Support staff.(c) Each commission shall be authorized to do all of the following:(1) Conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death.(2) Issue and enforce compliance of subpoenas compelling production of all evidence and testimony of witnesses a commission may require in the course of its investigations.(d) Each commission shall prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. | |
| 58 | 61 | ||
| 59 | - | 13653. (a) The governing body of each city and county shall, by January 15, 2025 | |
| 62 | + | 13653. (a) The governing body of each city and county shall, by January 15, 2025, create an independent community-based commission on law enforcement officer practices.(b) Each commission shall be comprised of all of the following:(1) An executive director appointed by the mayor or the chair of the board of supervisors. The executive director shall recruit and recommend selection of independent investigators, legal counsel, and support staff to the mayor or the chair of the board of supervisors.(2) Independent investigators.(3) Independent legal counsel. The legal counsel shall not, in other legal matters, concurrently represent the governing body which has employed or contracted with the law enforcement officer under investigation by the commission.(4) Commissioners. In the case of a city commission, one commissioner shall be appointed by the mayor and the other commissioners shall be appointed by the city council. In the case of a county commission, one commissioner shall be appointed by the chair of the board of supervisors and the other commissioners shall be appointed by the board of supervisors.(5) Support staff.(c) Each commission shall be authorized to do all of the following:(1) Conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death.(2) Issue and enforce compliance of subpoenas compelling production of all evidence and testimony of witnesses a commission may require in the course of its investigations.(d) Each commission shall prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. | |
| 60 | 63 | ||
| 61 | 64 | ||
| 62 | 65 | ||
| 63 | - | 13653. (a) The governing body of each city and county shall, by January 15, 2025, | |
| 66 | + | 13653. (a) The governing body of each city and county shall, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. | |
| 64 | 67 | ||
| 65 | 68 | (b) Each commission shall be comprised of all of the following: | |
| 66 | 69 | ||
| 67 | - | (1) An executive director appointed by the mayor or the chair of the board of supervisors | |
| 70 | + | (1) An executive director appointed by the mayor or the chair of the board of supervisors. The executive director shall recruit and recommend selection of independent investigators, legal counsel, and support staff to the mayor or the chair of the board of supervisors. | |
| 68 | 71 | ||
| 69 | 72 | (2) Independent investigators. | |
| 70 | 73 | ||
| 71 | 74 | (3) Independent legal counsel. The legal counsel shall not, in other legal matters, concurrently represent the governing body which has employed or contracted with the law enforcement officer under investigation by the commission. | |
| 72 | 75 | ||
| 73 | 76 | (4) Commissioners. In the case of a city commission, one commissioner shall be appointed by the mayor and the other commissioners shall be appointed by the city council. In the case of a county commission, one commissioner shall be appointed by the chair of the board of supervisors and the other commissioners shall be appointed by the board of supervisors. | |
| 74 | 77 | ||
| 75 | 78 | (5) Support staff. | |
| 76 | 79 | ||
| 77 | 80 | (c) Each commission shall be authorized to do all of the following: | |
| 78 | 81 | ||
| 79 | 82 | (1) Conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a persons death. | |
| 80 | 83 | ||
| 81 | 84 | (2) Issue and enforce compliance of subpoenas compelling production of all evidence and testimony of witnesses a commission may require in the course of its investigations. | |
| 82 | 85 | ||
| 83 | 86 | (d) Each commission shall prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. | |
| 84 | 87 | ||
| 85 | 88 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 86 | 89 | ||
| 87 | 90 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 88 | 91 | ||
| 89 | 92 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 90 | 93 | ||
| 91 | 94 | ### SEC. 2. | |
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | It is the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers. |