Staff Presentation AB 481- Military Equipment_Facilitated by
Interim Captain Derek Moye
April 5, 2022
AB 481: Military Equipment Funding, Acquisition and Use
Why AB
481?
•Governor Gavin Newsom several police reform bills, including AB 481
September 30, 2021
Increase transparency, accountability, oversight for acquisition and use of equipment
•Equipment usage and updates
•Document internal concerns
•Summarize community feedback
Requires an annual report to summarize
Create public forum for input and engagement
AB 481
Requires
Initial
Approval
and Annual
Reporting
AB 481 requires approval for continued use of items purchased prior to January 1, 2022
•How equipment is being used
•Maintenance and use costs
•Internal concerns
•Community feedback on use
It also requires an annual report by April 2023. The annual report will include:
Why do we
need this
equipment?
•Safe, peaceful resolution for the involved parties, the public and officers
Goal
•Actions, capabilities and intentions
Concerns
•Time, distance and cover
Factors that influence sound decisions
CRITICAL INCIDENTS IN SANTA CLARA
COUNTY
DATE INCIDENT BRIEF SUMMARY
July 2019
Gilroy Garlic Festival Gunman killed 3 people and wounded 17
May-June, 2020 County-wide protests in response to
George Floyd murder
Riots, fires and looting ensued, resulting in a
community-wide curfew. Officers were injured
after being hit with objects thrown at them
during protests
May 2021
VTA Railyard Shooting 9 people killed
November-
December, 2021 Retailer break-ins Organized groups of 15-30 people breaching
retail stores to steal high end merchandise
CATEGORY 1 : Unmanned, remotely piloted, powered aerial or ground vehicles
CATEGORY 2: Mine-resistant ambush-protected vehicles or armed personnel carriers
CATEGORY 3: 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 4: Tracked armored vehicles that provide ballistic protection to their occupants
CATEGORY 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
CATEGORY 6: Weaponized aircraft, vessels, or vehicles of any kind
CATEGORY 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature
CATEGORY 8: Firearms of .50 caliber or greater
CATEGORY 9: Ammunition of .50 caliber or greater
CATEGORY 10: Specialized firearms and ammunition of less that .50 caliber
CATEGORY 11: Any firearm or firearm accessor that is designed to launch explosive projectiles
CATEGORY 12: Noise-flash diversionary devices and explosive breaching tools, munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
CATEGORY 13: Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices
CATEGORY 14: Kinetic energy weapons and munitions
CATEGORY 15: Any other equipment as determined by a governing body or a state agency to require additional oversight
Equipment Categories per AB 481
LGMSPD’S EQUIPMENT INVENTORY
EQUIPMENT
CATEGORY ITEM(S)FUNDING SOURCE FOR
ACQUISITION
PRIOR COUNCIL
APPROVAL
IN USE BY LGMSPD
SINCE
1 Robot Operating
budget Yes 2010
1 Unmanned Aircraft/Drone Grant Yes 2021
10 Rifles, ammunition Operating
Budget Yes 1985
12 Noise flash diversionary
device, tear gas
Operating
Budget Yes 2015
14 40 mm less lethal platform Operating
Budget Yes 2016
LGMSPD Operating Budget
Local, State and Federal Grants
LGMSPD has NOT sought out or received the
transfer of Department of Defense
equipment that qualifies under AB 481
through the 1208 or 1033 Programs
How
Equipment
Can Be Funded
*
How does this
affect our
community?
•LGMSPD will continue to have access to each of the resources currently available. In addition, the corresponding policies and procedures would remain in effect
With Town Council approval of AB 481 ordinance:
•LGMSPD would cease the use of equipment designated by AB 481 on April 30, 2022
•LGMSPD would be required to redesign our policies, procedures and operations for critical incident response; this
includes our ability to provide and receive mutual aid
•Public safety would be negatively impacted
Without Town Council approval of AB 481 ordinance:
Community
Engagement
Activities
•Meeting notice on LGMSPD website and social media
Full text of AB 481
AB 481 defined list of military equipment currently in LGMSPD’s inventory
Draft Lexipol Policy 704
March 10, 2022
•Virtual Community meeting
March 29, 2022
•Present to Town Council to introduce an ordinance approving a military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
•The AB 481 Staff Report was made available for public notice on March 31, 2022
April 5, 2022
Thank you for
partnering with us!
Questions?