Military Equipment

Assembly Bill 481 – Military Equipment Funding, Acquisition, and Use Policy

On September 30, 2021, Governor Newsom signed one of many pieces of police reform legislation. AB 481 was prepared by Assembly Member David Chiu (D-San Francisco) to address the funding, acquisition, and use of military equipment.

AB 481 Definition of Military Equipment

The Assembly Bill has designated the following categories of items as military equipment. The Sierra Madre Police Department has equipment that meets the criteria for 3 of the 15 categories (Categories 1, 12, and 14):

• Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1)

• Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers (Equipment Category 2)

• 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 (Equipment Category 3)

• Tracked armored vehicles that provide ballistic protection to their occupants (Equipment Category 4)

• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5)

• Weaponized aircraft, vessels, or vehicles of any kind (Equipment Category 6)

• Battering rams, slugs, and breaching apparatuses that are explosive in nature (Equipment Category 7)

• Firearms of .50 caliber or greater, excluding standard-issue shotguns (Equipment Category 8)

• Ammunition of .50 caliber or greater, excluding standard-issue shotgun ammunition (Equipment Category 9)

• 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, excluding standard-issue service weapons (Equipment Category 10)

• Any firearm or firearm accessory that is designed to launch explosive projectiles (Equipment Category 11)

• Noise-flash diversionary devices (flashbangs), explosive breaching tools, tear gas, and pepper balls (Equipment Category 12)

• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Equipment Category 13)

• Kinetic energy weapons and munitions (Equipment Category 14)

• Any other equipment as determined by a governing body or a state agency to require additional oversight (Equipment Category 15)

The full text of AB 481 is available here.

Requirements of AB 481

AB 481 requires each law enforcement agency’s governing body to initiate the adoption of a written military use policy by ordinance in a public forum in May of 2022 to continue using previously acquired equipment. To help guide this process, the Sierra Madre Police Department has taken several steps toward establishing a transparent process to achieve compliance. Documents required by the legislation are available here:

• Sierra Madre PD Policy §706 – Military Equipment is available to view here.
• According to California Government Code §7071(d)(6), members of the public may register complaints, concerns, or submit questions about the use of each specific type of military equipment in this policy by any of the following means:

  • Via mail sent to:
    Sierra Madre Police Department
    Attn: Military Equipment Use Coordinator
    242 W. Sierra Madre Blvd
    Sierra Madre, CA 91024

• AB 481 also requires preparation of an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of SMPD Policy 706, the cost of such use, and other similar information. The first Annual Report is distributed approximately one year after adoption of the Military Equipment Use ordinance. This webpage is utilized to distribute updates to the above materials and the Annual Report.

Once adopted, a publicized annual public meeting will be held to present the following information:

• SMPD’s military equipment inventory

• SMPD’s proposed equipment funding and acquisition

• A Military Equipment Use Annual Report

• Community engagement and public access to materials

Feedback will be incorporated into a Report to Council when presented for annual renewal.

The Sierra Madre Police Department utilizes this website to provide the public with the ability to submit input on the Annual Report prior to the public meeting.

Any complaints, concerns, or questions related to Military Equipment may be submitted through the following methods:

In person at:
Sierra Madre Police Department
242 W. Sierra Madre Blvd
Sierra Madre, CA 91024

Via telephone: (626) 355-1414

Email: Military Equipment Coordinator

Mail:
Sierra Madre Police Department
Attn: Military Equipment Coordinator
242 W. Sierra Madre Blvd
Sierra Madre, CA 91024

California Senate Bill 481 requires each law enforcement agency utilizing military equipment to prepare an Annual Report to the governing body each year with information regarding:

• Use of military equipment

• Complaints received

• Internal audits

• Violations of the adopted policy

• Cost of such use

• Additional similar information

The Department’s webpage is utilized to distribute information regarding qualified military equipment as well as the Annual Report.

The Sierra Madre Police Department’s proposed Annual Report is available to view:
2024 Annual Military Equipment Report.pdf

The Annual Report will be presented for public comment and approval at a City Council meeting in June of the calendar year. Please visit the City of Sierra Madre City Council webpage for information regarding submission of input, public comment procedures, and notice of upcoming meetings pertaining to this matter.

On May 25, 2022, Presidential Executive Order (EO) 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety,” was signed.

In accordance with EO 14074 (Section 12), State, Tribal, local, and Territorial Law Enforcement Agencies (LEAs) must:

1. Notify their Civilian Governing Body (CGB) (i.e., City Council, County Government, or other local governing body) of intent to request property from Federal sources, including Federal funds or grants.

2. Notify the local community of requests for property transfers and purchases from Federal funds, agencies, or subcontractors (including existing transfer contracts or grants).

3. Sign the SPO Addendum. This is required of all LESO participants regardless of whether the agency will be requisitioning controlled property.

No later than January 1, 2023, all participating LEAs were required to return the attached LESO SPO Addendum. Any LEA that will be requisitioning “Controlled” property must return the Notification to Community (on agency letterhead). Agencies that do not return required documentation are not eligible to requisition new equipment until compliance is completed.

If you wish to read EO 14074 in its entirety, please visit:
Federal Register – Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety

Chief of Police's Notification to the Community Letter.pdf