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Bill Capping the Use of Rubber Bullets, Tear Gas Awaits Gov. Newsom’s Signature

A police reform bill calling for stricter standards on how law enforcement officers across the state use rubber bullets and tear gas for crowd control has been approved by both the California Senate and Assembly. 

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Bangkok, THAILAND - August 7, 2021: Riot police block road to 1st Infantry Regiment by container and crackdown protesters by tear gas, rubber bullets, water canon./ Shutterstock

A police reform bill calling for stricter standards on how law enforcement officers across the state use rubber bullets and tear gas for crowd control has been approved by both the California Senate and Assembly. 

The legislation, Assembly Bill (AB) 48 introduced by Assemblywoman Lorena Gonzalez (D-San Diego), is awaiting Gov. Gavin Newsom’s signature. He has until October 10 to sign or veto it. 

“During the nationwide protests in 2020, many reports showed peaceful protesters and bystanders being seriously injured, even permanently maimed, by dangerous projectiles,” said Gonzalez, who represents California’s 80th Assembly District located in southern San Diego County. 

“This bill will protect Californians’ right to safely protest by establishing statewide standards that help minimize the overuse of these dangerous weapons, while directing law enforcement on how and when they can deploy projectiles in truly life-threatening situations,” she continued. 

AB 48 prohibits the use of kinetic impact projectiles – i.e., rubber bullets and plastic bullets – as well as chemical agents like tear gas by any law enforcement officer or agency “to disperse any assembly, protest, or demonstration.” It also prohibits their use solely “due to a violation of an imposed curfew, verbal threat, or non-compliance with a law enforcement directive.”

Under current law, a peace officer is allowed to use reasonable force to arrest or to prevent the escape of a suspect — or to subdue that person if there is resistance. Existing law requires the Commission on Peace Officer Standards and Training (POST) to provide instructional courses and training to law enforcement officers on the use of force. 

POST is the state agency responsible for setting basic standards for hiring and training for police officers in all 58 counties. 

In addition, AB 48 requires officers to be trained on the safe use of kinetic projectiles and chemical agents for situations where any person’s life is threatened or instances where a person faces serious risk of injury.

In these situations, according to the bill, officers would be required to employ other de-escalation techniques before using projectile weapons.

Also, the officer must provide prompt medical assistance to any person injured. The bill prohibits aiming these weapons at the head, neck, or other vital organs.

Across the country, on average, officers receive about 50 hours of firearm training during the police academy. They receive less than 10 hours of de-escalation training, the Brookings Institution reported in April 2021.

The California Peace Officers’ Association (CPOA), which represents over 16,000 members employed by municipal, county, state, and federal law enforcement agencies, has publicly registered disagreement with parts of AB 48.

“This bill is a near-exact replica of last year’s failed AB 66, which CPOA opposed,” said Shaun Rundle, CPOA deputy director. 

AB 66 was also authored by Gonzalez.

CPOA is in favor of limiting the use of less-than-lethal force but has safety concerns about officers being struck by — or targeted with – life-threatening items such as frozen water bottles, bricks, and laser pointers.

“Restricting the use of less-lethal options limits the tools that are at an officer’s disposal to protect public safety,” the California State Sheriffs’ Association said in a statement opposing AB 48. 

“However, by restricting when an officer may use those tools, their response to a particular situation may end up being guided by choices about practices that may be acceptable or unacceptable to some instead of what measure is most appropriate in the context of the event,” the statement continued. 

Last year, Sen. Steven Bradford (D-Gardena), chair of the California Legislative Black Caucus, introduced another police reform bill, Senate Bill (SB) 731. 

Although that bill did not make it to the Senate floor for a full vote, SB 731, which proposed a statewide process to disqualify bad officers and block them from being hired by other agencies, resurfaced as SB 2 last December. The updated version of the legislation passed in the Senate with a 28-9 vote last week. It has been sent to Governor’s desk for signature or veto.

According to the State Sheriffs’ Association SB2 could be an obstacle in hiring, recruiting, and maintaining employees.

Bradford, on the other hand, says the legislation is timely and necessary. 

“We want to be intentional about what we are doing here in California when it comes to police reform,” Bradford told the Senate Judiciary Committee about SB 2 last April.  “That’s what this bill does. It’s intentional in what we are trying to achieve. This is a fair measure and far better than any that exist today.”

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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