AB 481 - Military Equipment and Use Policy

Assembly Bill (AB) 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. 

Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

AB 481 Definition of Military Equipment

The Assembly Bill has designated the following categories of items as military equipment. The Foster City Police Department has equipment that meets the criteria for 7 of the 15 categories (categories 1, 3, 5, 7, 10, 12 and 14):

• Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1)
   
• Mine-resistant ambush-protected vehicles or armored personnel carriers (Equipment 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 (Equipment Category 3)
   
• Tracked armored vehicles that provide ballistic protection to their occupants (Equipment Category 4)
   
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5)
   
• Weaponized aircraft, vessels, or vehicles of any kind (Equipment Category 6)
   
• Battering rams, slugs, and breaching apparatuses that are explosive in nature (Equipment Category 7)
   
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition (Equipment Category 8)
   
• 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, with the exception of standard-issue handguns (Equipment Category 9)
   
• Any firearm or firearm accessory that is designed to launch explosive projectiles (Equipment Category 10)
   
• Noise-flash diversionary devices and explosive breaching tools (Equipment Category 11)
   
• Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12)
   
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Equipment Category 13)
   
• Kinetic energy weapons and munitions (Equipment Category 14)
   
• Any other equipment as determined by a governing body or a state agency to require additional oversight (Equipment Category 15)

The full text of AB 481 is available below. 

Requirements of AB 481

AB 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance in a public forum by April 30, 2022, in order to continue the use of this previously acquired equipment effective May 1, 2022. To help guide this process, FCPD has crafted a summary of AB 481 for our residents, as well as the following required materials:

• FCPD’s Lexipol Policy 709 is available to view below. The AB 481 defined list of military equipment currently in FCPD's possession is included in the draft policy, as well as each items purpose, authorized use, expected lifespan and fiscal impact
   
• Establish a concern or complaint process. For many years, FCPD has had a means for the public to submit commendations, questions and complaints.
   
• Prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of FCPD Lexipol Policy 709, the cost of such use and other similar information. 

NOTE:  FCPD has not obtained, nor does it utilize, any equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).