Policy Text
Assembly Bill 481 (AB 481)
Prepared by:
UC COUNCIL OF CHIEFS OF POLICE
APPENDIX 2.9-A (Issued: 8/17/22 )
SUMMARY
Assembly Bill 481 (AB 481), the Law Enforcement and State Agencies Military Equipment
Funding, Acquisition , and Use Act, was signed into law and became effective on January
1, 2022. AB 481 requires law enforcement agencies to obtain approval from their
governing bodies before purchasing, raising funds for, or acquiring military equipment, by
any means, includin g surplus military equipment from the federal government.
Law enforcement agencies are also required to seek governing body approval before
collaborating with another law enforcement agency in the deployment or use of military
equipment within the governi ng body's territorial jurisdiction or before using any new
military equipment for a purpose, in a manner, or by a person not previously approved by
the governing body.
The Act defines the governing body as “the elected body that oversees a law enforcement
agency or, if there is no elected body that directly oversees the law enforcement agency,
the appointed body that oversees a law enforcement agency. In the case of a law
enforcement agency of a county, including a sheriff’s department or a district attorn ey’s
office, “governing body” means the board of supervisors of the county. ”
AB 481 requires a law enforcement agency seeking to continue the use of any military
equipment acquired prior to January 1, 2022, to commence a governing body approval
process no later than May 1, 2022, and the adoption of a use policy within 180 days
following submission of the use policy or cease the use of the military equipment until it
receives approval of the governing body.
In considering the proposed Military Equipment Use Policy, the governing body must
place the proposed policy as an agenda item for an open session of a regular meeting
and provide for public comment in accordance with the Bagley -Keene Open Meeting Act.
Before seeking the governing body's approval , a law enforcement agency shall make its
proposed equipment use policy and any supp orting documents available on its internet
website at least 30 days prior to any public hearing concerning the military equipment at
issue.
The governing body, as part of its approval process, must determine the following:
1.The military equipment is necess ary because there is no reasonable alternative
that can achieve the same objective of officer and civilian safety.
2.The proposed Military Equipment Use Policy will safeguard the public’s welfare,
safety, civil rights, and civil liberties.
3.If purchasing the equipment, the equipment is reasonably cost -effective
compared to available alternatives that can achieve the same objective of officer
and civilian safety.
4.Prior military equipment use complied with the Military Equipment Use Policy that
was in effect at the time, or if prior uses did not comply with the accompanying
Military Equipment Use Policy, corrective action has been taken to remedy
nonconforming uses and ensure future compliance.
ANALYSIS
The UC Police Department (refers to all ten UC campus polic e departments) retains and
employs various equipment that falls within AB 481’s definition of “military equipment .”
The equipment is maintained and in place, so the UC Police Department can safely
achieve its mission to safeguard and protect the communitie s on all the UC campuses,
medical centers , and properties.
The mere possession of this equipment does not warrant its use for every incident, nor
has the department been accused recently or in the past decade of indiscriminate use of
these types of equipm ent.
The department recognizes that critical incidents are unpredictable, often fluid and
dynamic in nature. The department prides itself on its training, use of best practices, and
forward -thinking in technology and the tools it acquires and utilizes in its mission for the
safety of its personnel and the safety of community members, patients , and visitors alike.
The use of all equipment, not just “military equipment," is predicated on the mission of the
department, policy, training, law, the safety of our officers, and the safety of our
communities. Officers and incident commanders alike are influenced by the totality of the
circumstances, public safety, civil rights , and all available information at the time of a
critical incident or disaster and the d esire to bring that incident to a safe resolution.
Assembly Bill 481 (AB 481)
AB 481 is intended to increase transparency, accountability, and oversight surrounding
the acquisition and use of military equipment by state and local law enforcement. AB
481’s definition of “military equipment” was much more than armored vehicles, large -
caliber firearms, explosive projectile launchers , explosive breaching tools , and
"flashbang" grenades.
AB 481 speaks to the acquisition of military equipment by any means, incl uding the 1033
Federal Surplus Property Program (1033 Program) and the purchase of military
equipment using grants or University funding.
It requires the department to seek approval from the Board of Regents through an
Ordinance and the adoption of a Mili tary Equipment Use Policy, which must address a
number of specific topics, including the type, quantity, capabilities, purposes, and
authorized uses of each type of military equipment, the fiscal impact of their acquisition
and use, the legal and procedura l rules that govern their use, the training required by any
officer allowed to use them, the policies in place to ensure policy compliance, and the
procedures by which the public may register complaints.
The Regents must consider the proposed Military Equi pment Use Policy in open session
and may only approve a Military Equipment Use Policy