What is Senate Bill 2?
Senate Bill 2 is signed California legislation that creates a system to investigate police officer misconduct. SB 2 further eliminates certain immunity provisions for police officers and custodial officers, or public entities employing police officers or custodial officers sued under the act.
What Will Senate Bill 2 Create?
Senate Bill 2 will create a system within the Commission on Peace Officer Standards and Training. Essentially, this system will be made to keep police officers accountable should there be misconduct. This includes investigating serious matters such as the following:
- Excessive force;
- Sexual assault;
- Demonstration of bias;
- Demonstration of dishonesty.
Are There Any Divisions That Will Be Made as Part of Senate Bill 2?
Yes, under Senate Bill 2, the following divisions within the Commission on Peace Officer Standards and Training will be made:
- Peace Officer Standards Accountability Division;
- Peace Officer Standards Accountability Advisory Broad.
What Will Senate Bill 2 Do?
Senate Bill 2 will provide some of the following:
- It will eliminate certain immunities granted to police officers and custodial officers, or the public entities that employ them;
- It will not allow an individual who otherwise has a felony conviction from regaining eligibility to be a police officer;
- It will not allow an individual from being employed as a police officer should that individual have committed certain specific crimes against public justice;
- Require the Department of Justice to give the Commission disqualifying information, including felony and misdemeanor convictions on anyone who is a current or former police officer;
- Give power to the Commission to investigate in order to determine the fitness of any police officer in the state.
Does California Currently Have a Process to Revoke Police Officer Certification?
No, California currently does not have a process to revoke police officer certification.
Are There Currently Any Laws Provided that Protect the Public?
Yes, there are current laws that ensure the protection of the public. However, qualified immunity in federal court also applies as well as other California laws that have been interpreted broadly as a way to restrict cause of action brought by the public.