Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy

On September 30, 2021, Governor Newsom signed a series of eight (8) policing reform legislation aimed at increasing transparency of peace officer misconduct records and creates a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creates a public forum for the funding, acquisition, and use of military equipment.

AB 481 was authored by Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition, and use of military equipment. 

AB 481 Definition of Military Equipment

The Assembly Bill has designated the following categories of items as military equipment. The San Benito Sheriff’s Department has equipment that meets the criteria, and they are as follows:

• Wheeled armored vehicles that are either built or modified to provide ballistic protection to their occupants, including a mine-resistant ambush protected (MRAP) vehicle or an armored personnel carrier
  
  
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
  
  
• Breaching apparatus designed to provide rapid entry into a building or through a secured doorway, including equipment that is mechanical, such as a battering ram, ballistic, such as a slug, or explosive in nature
  
  
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, except for standard-issue handguns
  
  
• Any firearm or firearm accessory that is designed to launch explosive projectiles
  
  
• Explosives and pyrotechnics, including grenades referred to as flashbangs grenades and explosive beaching tools
  
  
• Long-range acoustic devices
  
  

The full text of AB 481 is available here. 

Requirements of AB 481

AB 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance, in order to continue the use of this previously acquired equipment. To help guide this process, SBSO has crafted a summary of AB 481 for our residents, as well as the following required materials:

• SBSO's draft Lexipol Policy 708 is available to view here. The AB 481 defined list of military equipment currently in SBSO's possession is included in the draft policy.
  
  
• Establish a concern or complaint process. For many years, SBSO has had a means for the public to submit commendations, questions, and complaints.
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• Prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of SBSO Lexipol Policy 708, the cost of such use and other similar information. This webpage will be utilized for distribution of any updates to the above materials as well as for the Annual Report.

Public Input Regarding AB 481

As required for transparency, SBSO has uploaded multiple written documents on this website 30-days prior to a public meeting to meet the requirements of AB 481.

For our residents and fellow law enforcement agencies who were unable to participate in the Community Meeting, the PowerPoint are available for your review