AB 481 Annual Report (2022)

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

This bill requires law enforcement agencies, including the Santa Cruz Police Department, “to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.”  The full text of AB 481 is available here. 

AB 481 Definition of Military Equipment

The Assembly Bill has designated the following 15 categories of items as military equipment. The Santa Cruz Police Department (SCPD) has equipment that meets the criteria for 10 of the 15 categories.
SCPD is in current possession of items in Categories 1, 2, 3, 5, 8, 9, 10, 12, 13 and 14 from the list below.

• Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles

• Category 2: Mine-resistant ambush-protected vehicles or armored personnel carriers

• Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-halfton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached

• Category 4: Tracked armored vehicles that provide ballistic protection to their occupants

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

• Category 6: Weaponized aircraft, vessels, or vehicles of any kind

• Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature

• Category 8: Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition

• 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, with the exception of standard-issue handguns

• Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles

• Category 11: Noise-flash diversionary devices and explosive breaching tools

• Category 12: Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray

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

• Category 14: Kinetic energy weapons and munitions

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

Requirements of AB 481

AB 481 requires each law enforcement agency's governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, in order to continue the use of this previously acquired military equipment effective May 1, 2022.

To help guide this process, SCPD has crafted a summary of AB 481 for our residents, as well as the following required materials:

• The Santa Cruz Police Department’s Military Equipment Policy 705 is available to view here. The AB 481 defined list of military equipment currently in SCPD's possession is included in the Military Equipment Policy, as well as each item's purpose, authorized use, expected lifespan and fiscal impact.

• Establish a concern or complaint process. For many years, SCPD has had a means for the public to submit commendations, questions, concerns and complaints online or in person. The public is encouraged to submit feedback here.

• Members of the public may also register complaints or concerns or submit questions about the use of each specific type of military equipment by contacting Interim Chief Bernie Escalante via email at bescalante@cityofsantacruz.com or phone at (831) 420 - 5810.

• Prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of SCPD Policy 705, the cost of such use and other similar information. This webpage will be utilized for distribution of any updates to the above materials as well as for the Annual Report.

Public Input Regarding AB 481

As required for transparency, SCPD has uploaded written documents on this website 30-days prior to a public meeting to meet the requirements of AB 481. In addition, SCPD engages in four public forums to gather input and discussion on AB 481.

Public Forums include:

• Public Safety Meeting on March 22
 2022 PSC AGENDA, PowerPoint Presentation PSC and Public Safety Committee Meeting Agenda

• Chief’s Advisory Committee Meeting on April 7, 2022

• AB 481 Virtual Community Meeting on April 11, 2022
AB 481 Virtual Community Slide Presentation
AB 481 Community Meeting Video 

• Council Meeting on April 26, 2022

• AB 481 Virtual Community Meeting on May 16, 2023
AB 481 Virtual Community Slide Presentation
AB 481 Community Meeting Video 

• Council Meeting on April 25, 2023

• AB 481 Virtual Community Meeting on April 3, 2024
AB 481 Virtual Community Slide Presentation
AB 481 Community Meeting Video 

• Council Meeting on April 30, 2024


 Public forum discussions to include:
• Purpose of the new legislation

• Definition of military equipment
• SCPD’s military equipment inventory
• SCPD’s proposed equipment funding, acquisition and use policy
• Pending annual report requirement
• Community engagement and public access to materials

Members of the public are encouraged to contact the Santa Cruz Police Department at (831) 420 -5810, or by contacting Interim Chief Bernie Escalante via email at bescalante@cityofsantacruz.com with any questions or concerns regarding AB 481. Also, visit the City of Santa Cruz webpage for information on all upcoming council meetings.