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

Law book, next to brass scale and gabble

Military Equipment Funding, Acquisition and Use Policy for the New Lathrop Police Department

The City of Lathrop is currently transitioning into its own Police Department, with a commission start date of July 1, 2022. This page is dedicated to providing information on the new Military Equipment Funding, Acquisition and Use Policy for the new Lathrop Police Department, in compliance with Assembly Bill 481.

Press Release, dated April 15, 2022

Press Release, dated October 14, 2022

Assembly Bill 481 Background

On September 30, 2021, Governor Newsom signed seven major peace officer reform bills into law, including Assembly Bill 481. AB 481 was authored by Assemblymember David Chieu (D-San Francisco) to address the funding, acquisition, and use of items lawmakers deemed to be considered “military equipment.”

Effective January 1, 2022, 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 below.

The full text of AB 481 is available here.

Requirements of AB 481

Assembly Bill (AB) 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance in addition to other requirements by the bill. The following are required:

Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy.
Obtain approval by 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. (See definitions below)
Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.
Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.
Hold at least one well publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

Definition of Military Equipment (Government Code 7070)

AB 481 designates the following 15 categories of items as military equipment:

Unmanned, remotely piloted, powered aerial or ground vehicles
Mine-resistant ambush-protected vehicles (MRAP) or armored personnel carriers.
High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
Weaponized aircraft, vessels, or vehicles of any kind.
Battering rams, slugs, and breaching apparatuses that are explosive in nature.
Firearms of .50 caliber or greater, excluding standard issue shotguns.
Ammunition of .50 caliber or greater, excluding standard issue shotgun ammunition
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/weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
Any firearm or firearm accessory that is designed to launch explosive projectiles
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray
Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
Projectile launch platforms and their associated munitions including 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
Any other equipment as determined by a governing body or a state agency to require additional oversight

New/Draft Lathrop Police Department Documents, Pending Adoption:

Adopted Lathrop Police Department Documents:

Annual Report (Government Code 7072)

A law enforcement agency that receives approval for a military equipment use policy (pursuant to Government Code 7071) is required to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The annual report is also required to be made publicly available on the department's website.

Additional Requirements for the Report

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

A summary of how the military equipment was used and the purpose of its use.
A summary of any complaints or concerns received concerning the military equipment.
The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
The quantity possessed for each type of military equipment.
If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report. At which the public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.