New 2022 CA Policing Reform Legislation

Los Angeles Criminal Defense Attorney

Continuing in the trend of passing criminal justice reform laws, Governor Newsom has passed a series of new laws that just took effect on January 1, 2022.  The laws aim to increase transparency of police misconduct, improve police accountability, raising eligibility standards, and banning harmful restraint techniques.  Governor Newsom issued the following statement:  "Today marks another step toward healing and justice for all.  Too many lives have been lost due to racial profiling and excessive use of force.  We cannot change what is past, but we can build accountability, root out racial injustice and fight systemic racism.  We are all indebted to the families who have persevered through their grief to continue this fight and work toward a more just future.”

Governor Newsom has passed a series of criminal justice reform laws in his time in office, continuing the trend started by former California Governor, Jerry Brown.  Additionally, California voters have passed propositions aimed at reducing criminal punishments (such as Prop 47 and Prop 64).  Notably, Governor Newsom passed laws permitting judges to grant diversion over the prosecution's objection in misdemeanor cases (PC 1001.95 Judicial Diversion), changing the felony murder rule to avoid convicting non-major participants (SB 1437: Limits on Felony Murder), shorter probation periods for most misdemeanor and felony cases (AB 1950), shorter periods of sex offender registry for some registrants (SB 384), and many more.  These laws help to remedy some of the harsh criminal laws California has had for decades.  Paired with the election of progressive prosecutors in Los Angeles and San Francisco, these law changes have put California at the forefront of criminal justice reform. 

Here is a summary of each piece of legislation and how it might affect Californians:
SB 2 - Creates a process within the Commission on Peace Officer Standards and Training to investigate and discipline police officers for certain kinds of misconduct, including use of excessive force, demonstration of bias, dishonesty, and sexual assault.  This is very important, as often police departments have been left to "police" themselves, leaving little to no accountability for misconduct.  If police know that there is oversight, they may be less likely to abuse a suspect or lie in a report.  Paired with the increased use of body worn video and dash cameras, this program will work towards reducing police misconduct.

SB 16 - Increases transparency and access to records pertaining to police misconduct.  Presently, local governments stand in the way of access to records of police discipline and misconduct, including instances of use of force, discriminatory or prejudiced behavior, failure to intervene in another officer's misconduct, and participation in unlawful searches or arrests.  The difficulty in accessing these records is responsible for keeping bad cops on the job, and allowing them to commit more misconduct, harming the communities they are meant to serve. 

AB 26 - Creates guidelines requiring police officers to intervene and report another officer for using excessive force.  Police have long been notorious for maintaining a culture of silence with respect to the misconduct of other officers.  By penalizing officers who fail to intervene or report others' misconduct, the hope is that officers will be more likely to speak out to avoid being punished themselves.

AB 48 - Prohibits the use of kinetic energy projectiles or chemical agents by law enforcement to disburse any assembly, protest, or demonstration, except in compliance with the specified standards set by the new law.  This would substantially reduce the permitted use of rubber bullets, tear gas, and the like to attempt to disburse a protest.

AB 89 - Raises the minimum age (to 21) and education requirements to become a police officer.  Lack of training (and to a certain extent life experience) can undeniably lead to poor job performance.  Police officers have an important job, a difficult job, and also a job in which their lack of training can result in harm to them, other officers, or the public.

AB 481 - Requires law enforcement agencies to obtain appropriate government approval prior to funding, acquiring, or using military equipment.

AB 490 - Bans certain subdual and transportation techniques determined to have a high risk of positional asphyxia. 

All of these reforms come in response to the murder of George Floyd, by then-officer Derek Chauvin.  Though that event occurred in Minnesota, community protests in the Summer of 2020 swept the nation.  Los Angeles was home to some of the largest protests, demanding justice, police accountability, and police reforms.  Chauvin had a long list of past misconduct, but was still working as a police officer.  The other officers present did nothing to stop Chauvin, as he employed dangerous techniques on a man who was not resisting.  Each of these reforms aims to stop such a situation from occurring in California.

Despite these (and previous) reforms, police misconduct will continue to affect Californians, particularly criminal defendants in California.  These new laws provide defense attorneys with tools that can help us to better defend our clients, and ultimately will hopefully impact police conduct in the future.  By identifying instances where police use dishonest and illegal tactics to justify searches, arrests, and charges, and investigating the same, we hope to see more ethical police conduct, investigations and testimony in the future.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR IS UNDER INVESTIGATION FOR A CRIME IN CALIFORNIA, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY.  213-375-3775.

Useful LA Criminal Defense Resources:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department 
LA County Law Library
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule
Los Angeles Public Defender
Los Angeles City Attorney
Los Angles District Attorney
Office of the CA Attorney General

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