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Law Would Allow Public to View Records of Police Misconduct

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In an effort to improve transparency, accountability and trust between law enforcement and the public, CA Senator Mark Leno has introduced SB 1286, a bill allowing greater public access to peace officer records related to serious uses of force and sustained charges of misconduct.

 

Assemblymember Mark Leno. Photo by Luke Thomas.

Assemblymember Mark Leno. Photo by Luke Thomas.

“California is behind the times when it comes to providing transparency in law enforcement records,” said Senator Leno, D-San Francisco.

 

“The public has a right to know when officers apply deadly force and when serious cases of misconduct have been confirmed,” he said. ”Failing to disclose such important information can fuel mistrust within our communities and threaten public safety.”

 

While California statutes and case law prevent the disclosure of most peace officer records, states such as Texas, Kentucky, Utah, and several others, make information available to the public when an allegation of misconduct has been confirmed.

 

At least 10 other states, including Florida, Ohio and Washington, also make these same records public regardless of whether the incident has been confirmed.

 

“California is among a minority of states that makes police disciplinary records confidential,” said San Francisco District Attorney George Gascón. “If the public can’t determine whether an officer has been disciplined they can’t assess if accountability mechanisms are working.”

 

A recent Pew Research Center poll found that only 30 percent of Americans, and just 10 percent of African Americans, believe law enforcement agencies are doing a good or excellent job of holding officers accountable for misconduct.

 

Separate polling data shows that nearly 80 percent of Californians believe the public should have access to the findings of police misconduct.

 

“Police can’t earn the public’s trust when there is a wall of secrecy shielding how departments address misconduct and when they allow officers to use deadly force,” said Peter Bibring, director of police practices for the American Civil Liberties Union of California. “Providing greater transparency in state law is crucial to holding police accountable to the communities they serve, which is an important first step in improving public trust – particularly with communities of color.”

 

In addition to increasing access to records related to uses of force and confirmed misconduct, SB 1286 gives residents who file complaints alleging misconduct access to information related to those complaints.

 

The bill also allows local governments to determine whether public hearings and administrative appeals should be held on allegations of peace officer misconduct. Additionally, it aims to balance the needs of public disclosure and individual privacy by allowing courts to withhold records if there is a risk or danger to an officer or another person.

Alice Huffman

Alice Huffman

“We are still at the back of the bus in areas of criminal justice,” said Alice A. Huffman, president of the California-Hawaii State Conference of NAACP.

 

“Every day we are still being victimized,” she said. “Police misconduct and racial injustice is at an all-time high in our country and one has to wonder just what did the civil rights movement accomplish. That’s why the California-Hawaii State Conference of the NAACP stands with Senator Leno on this very timely bill.”

 

“This bill will allow Californians to see how law enforcement agencies handle confirmed cases of misconduct and help eliminate the public’s doubts and suspicions that have recently plagued the state’s law enforcement agencies,” said Jim Ewert, general counsel of the California Newspaper Publishers Association.

 

SB 1286 will be heard in Senate policy committees this spring.

 

San Francisco Public Defender Jeff Adachi supports the bill.

 

The Conference of California Bar Associations (CCBA) also backed the Leno’s measure.

“Current law, as interpreted by the Copley Press decision, prevents the public from knowing the depth and extent of misconduct and discipline of police and correctional officers,” said Larry Doyle, Legislative Representative for CCBA.

 

“This undermines public efforts to achieve police accountability and to deter future misconduct,” he said. “But it also undermines public trust in law enforcement by perpetuating the belief that misconduct is so pervasive that it must be completely shielded from the public eyes.”

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Activism

Rep. Kamlager-Dove Introduces Bill to Protect Women in Custody After Reports Detailing Miscarriages and Neglect

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

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By Bo Tefu, California Black Media

Congresswoman Sydney Kamlager-Dove (D-CA-37) on May 7, reintroduced updated legislation aimed at strengthening protections and healthcare standards for pregnant and postpartum women held in federal custody, including in immigration detention facilities.

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

The legislation builds on a bipartisan version previously passed by the House during the 117th Congress. The updated bill includes new standards for healthcare access, mental health and substance use treatment, high-risk pregnancy care, family unity protections and increased federal oversight.

“Proper pregnancy care is a human right, regardless of your immigration or incarceration status,” Kamlager-Dove said in a statement. “It’s unacceptable that there are virtually no legal safeguards for pregnant women in federal custody.”

The bill would also limit the use of restraints and restrictive housing for pregnant women, improve data collection on maternal health in custody and require additional staff training and enforcement measures.

Supporters of the measure said the legislation is intended to address long-standing concerns about maternal healthcare and safety in detention settings, particularly for Black women and low-income women who are disproportionately impacted by incarceration and health disparities.

“Pregnant women in custody should never be subjected to dangerous and inhumane treatment that threatens their health, dignity, or the well-being of their babies,” said Patrice Willoughby, chief of policy and legislative affairs for the NAACP and a longtime public policy and government affairs strategist, in a statement.

A 2021 report estimated there are about 58,000 admissions of pregnant women into U.S. jails and prisons each year. Kamlager’s statement also cited a recent investigation by NBC News and Bloomberg Law that identified allegations of severe mistreatment or medical neglect involving at least 54 pregnant women or families in county jails between 2017 and 2024.

Federal policy under the Department of Homeland Security restricts the detention of pregnant, postpartum and nursing immigrants except in extreme cases. However, the agency reported that ICE deported 363 pregnant, postpartum or nursing women between January 2025 and February 2026, including 16 recorded miscarriages during that period.

The bill is cosponsored by several House Democrats and backed by organizations including the NAACP and the Vera Institute of Justice.

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Activism

Asm. Jackson Bill Requiring Anti-Hate Speech Training for Calif. Public Officials Sent to “Suspense File”

The bill, authored by Assemblymember Corey Jackson (D-Moreno Valley), would add one hour of anti-hate speech instruction to the sexual harassment prevention training already required for state and local officials. The proposal applies to legislators, constitutional officers, city council members, county supervisors and school board trustees statewide and would take effect in 2028 if approved. 

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Photo courtesy of the office of Assemblymember Corey Jackson (D-Moreno Valley).
Photo courtesy of the office of Assemblymember Corey Jackson (D-Moreno Valley).

By Bo Tefu, California Black Media

After a hearing on May 6, the Assembly Appropriations Committee ordered Assembly Bill (AB) 1578 to the Suspense File, delaying action on legislation that would require California public officials to complete anti-hate speech training.

The bill, authored by Assemblymember Corey Jackson (D-Moreno Valley), would add one hour of anti-hate speech instruction to the sexual harassment prevention training already required for state and local officials. The proposal applies to legislators, constitutional officers, city council members, county supervisors and school board trustees statewide and would take effect in 2028 if approved.

“It’s time for us to continue to work on and finally go on the offense when it comes to hate racism and xenophobia to make sure that all people are able to live in the state of California with the dignity and honor that they deserve,” said Jackson, who also chairs the Assembly Select Committee on Racism, Hate and Xenophobia.

On April 16, the Assembly Committee on Governmental Organization voted 16-5 to advance the measure to Appropriations. Jackson has said the bill is part of a broader legislative package informed by findings from the Commission on the State of Hate and aimed at addressing hate in public spaces, workplaces and institutions.

In the California Legislature, a bill is placed on the “Suspense File” when it has a significant fiscal impact on the state budget — generally costing the state $150,000 or more from the General Fund or $50,000 or more from a special fund. Bills sent to suspense are held by the Assembly or Senate Appropriations Committee and reviewed later in a single batch hearing, where lawmakers decide which measures move forward, are amended, or quietly die without a vote.

Jackson said the training would focus on the real-world consequences of inflammatory rhetoric.

Supporters, including the Alameda County Office of Education, say the training would help elected officials better understand how language can perpetuate bias.

“In the current political climate, where discourse can often become polarized and inflammatory, it is more important than ever for elected officials to receive specialized anti-hate speech training,” wrote Lucy Carter, director of policy and governance for the Alameda County Office of Education, in a letter supporting the bill.

Opponents, including the California Family Council, argue the term “hate speech” is too subjective and could suppress political disagreement.

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Activism

Advocates Rally at State Capitol to Demand Heat Protections for Incarcerated People; More Funding for DV Survivors

On May 4, Assemblymember Mike Gipson (D-Carson) spoke at the Survivors Speak California Rally at the State Capitol to advocate for AB 2499, which focuses on heat and health protections in state prisons. The three-day event was organized by Californians for Safety and Justice, a project of the Crime Survivors for Safety and Justice network.

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Crime Survivors Speak at the California State Capitol was a multi-day advocacy event held May 4–6 that called for increased support, services, and funding for crime victims. Organized by Crime Survivors for Safety and Justice (CSSJ), the gathering brought together more than 200 survivors and family members to advocate for legislative reforms. CBM photo by Antonio Ray Harvey.
Crime Survivors Speak at the California State Capitol was a multi-day advocacy event held May 4–6 that called for increased support, services, and funding for crime victims. Organized by Crime Survivors for Safety and Justice (CSSJ), the gathering brought together more than 200 survivors and family members to advocate for legislative reforms. CBM photo by Antonio Ray Harvey.

By Antonio Ray Harvey, California Black Media

In July 2024, Adrienne Boulware, a 47-year-old mother and grandmother, died from complications related to extreme heat exhaustion while incarcerated at the Central California Women’s Facility (CCWF) in Chowchilla, according to her family.

Assemblymember Mike Gipson (D-Carson) hopes his legislation, Assembly Bill (AB) 2499 — also known as the “Adrienne Act” — will help prevent tragedies like Boulware’s death in California prisons.

“It is no secret that our state prisons have aging infrastructures that have inadequate ventilation systems,” Gipson said. “It should come as no shock that indoor temperatures in these facilities exceed 90 degrees, which means it gets really hot.”

On May 4, Gipson spoke at the Survivors Speak California Rally at the State Capitol to advocate for AB 2499, which focuses on heat and health protections in state prisons. The three-day event was organized by Californians for Safety and Justice, a project of the Crime Survivors for Safety and Justice network.

Boulware’s family attended the rally in support of the measure, which would require the California Department of Corrections and Rehabilitation (CDCR) to establish a pilot program to address extreme heat by July 1, 2027, in at least three prisons across different climate zones.

Boulware’s daughter, Michela Nelson, said her mother frequently complained about heatwaves during the summer months. CDCR stated that Boulware’s death — she was also known as “Twin” — appeared to be related to pre-existing medical conditions rather than extreme heat.

“My mother was not just a mother of four and grandmother of 12. She was a mother to many inside and outside of the prison,” said Nelson, the eldest of Boulware’s children. “My mother didn’t die because she was sentenced to death. She died because she was left in conditions no human being should ever endure.”

AB 2499 would formally create the Climate Justice in Prisons Emergency Response Act. The legislation would require CDCR to develop a long-term plan to install heating, ventilation, and air conditioning (HVAC) systems and shade structures in existing facilities.

The Survivors Speak California Rally coincided with other advocacy events at the Capitol supporting survivors of violent crime.

On May 5, Jazz LedBetter and other advocates rallied nearby to urge lawmakers to include $100 million in the state budget for domestic violence and sexual assault services.

Assemblymember Pilar Schiavo (D-Chatsworth) and Sen. Susan Rubio (D-Baldwin Park) served as keynote speakers. Both lawmakers have publicly shared their own experiences as survivors of assault.

LedBetter, a survivor of human trafficking, is also an author, activist, and artist who uses her experiences to advocate for human trafficking prevention. She shares her story of survival, addiction, and recovery in her self-published book, “Harlot Heart: Tributes To Triumph.”

“Take a moment and think about someone finally reaching out for help, and there’s no one here to answer,” LedBetter said during her presentation on the east lawn of the Capitol.

Advocates said the funding is needed to help close a gap caused by a sharp decline in federal Victims of Crime Act (VOCA) funding.

“I am here because I am proof of what happens when someone gets support. Don’t let this funding (shortfall) be the reason someone doesn’t make it out,” LedBetter said. “The difference between survival and unfortunately common sad stories is whether or not someone is there (to help) when it matters the most.”

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