BILL ANALYSIS
AB 504
Page 1
Date of Hearing: March 31, 2009
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 504 (Furutani) - As Introduced: February 24, 2009
SUMMARY : Requires the Commission on Peace Office Standards and
Training (CPOST) to create and make available to all law
enforcement agencies a training component on how to recognize
and interact with a person carrying a "kirpan." Specifically,
this bill :
1)Finds and declares the following:
a) The United States was founded on the core principles of
religious freedom, diversity, and equality for all.
b) Sikh Americans form a vibrant, peaceful, and law-abiding
part of the United States community. California was one of
the first places that Sikhs settled in this country over
100 years ago. Today, California is home to a large number
of the nation's 500,000 Sikhs.
c) Sikhs are mandated by their religion to keep five
articles of faith on, or as part of, their person at all
times. These articles of faith are physical manifestations
and reminders of core Sikh spiritual values which include
honesty, remembering God, and providing service to
humanity.
d) The five Sikh articles of faith include the kirpan. A
kirpan is a religious article resembling a sword, which is
integral to the practice of the Sikh faith. The kirpan is
carried in a shoulder strap known as a gatra, as mandated
by the Sikh Code of Conduct. The kirpan acts as a constant
reminder to its bearer of a Sikh's solemn duty to protect
the weak and promote justice for all. The kirpan is also an
allusion to spiritual knowledge that "cuts through
ignorance and sin."
e) In the years since the attacks of September 11, 2001,
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Sikhs have experienced an unprecedented increase in
prosecutions for carrying kirpans.
f) It is the responsibility of the Legislature to protect
religious freedoms, while ensuring public safety. Keeping
those obligations in mind, it is the Legislature's goal to
promote education and awareness of the carrying of the
kirpan by Sikhs in California when its possession is in
accordance with an integral part of the recognized
religious practice of the person carrying it and there is a
benign intent in carrying it.
2)Demands CPOST, upon the next regularly scheduled review of a
training module relating to weapons violations and cultural
diversity, create and make available training content on how
to recognize and interact with a person carrying a kirpan.
The training content shall be designed for, and made
available, as part of its mandatory basic training, to peace
officers employed by law enforcement agencies that participate
in, and comply with, training standards set forth by CPOST.
3)Defines "kirpan" as a blade that resembles a sword and is
required to be carried as an integral part of the practice of
the Sikh faith.
4)Requires that the training course shall be developed by CPOST
in consultation with appropriate subject matter experts.
CPOST shall make the course available, as part of its
mandatory basic training, to California law enforcement
agencies that participate in, and comply with, training
standards set forth by CPOST.
5)Provides that CPOST shall electronically distribute, as
necessary, a training bulletin to law enforcement agencies
participating in the CPOST's program on the topic of the
kirpan.
EXISTING LAW :
1)Requires CPOST to develop and disseminate guidelines and
training for all law enforcement officers in California and
who adhere to the standards approved by the commission, on the
racial and cultural differences among the residents of
California. The course or courses of instruction and the
guidelines shall stress understanding and respect for racial
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and cultural differences, and development of effective,
non-combative methods of carrying out law enforcement duties
in a racially and culturally diverse environment. [Penal Code
Section 13519.4(a).]
2)Includes within the basic training for law enforcement
officers adequate instruction on racial and cultural diversity
in order to foster mutual respect and cooperation between law
enforcement and members of all racial and cultural groups. In
developing the training, the commission shall consult with
appropriate groups and individuals having an interest and
expertise in the field of cultural awareness and diversity.
[Penal Code Section 13519.4(b).]
3)Declares and finds the following:
a) Racial profiling is a practice that presents a great
danger to the fundamental principles of a democratic
society. It is abhorrent and cannot be tolerated.
b) Motorists who have been stopped by the police for no
reason other than the color of their skin or their apparent
nationality or ethnicity are the victims of discriminatory
practices.
c) It is the intent of the Legislature that more than
additional training is required to address the pernicious
practice of racial profiling and that enactment of this
bill is in no way dispositive of the issue of how
California should deal with racial profiling.
d) The working men and women in California law enforcement
risk their lives every day. The people of California
greatly appreciate the hard work and dedication of law
enforcement officers in protecting public safety. The good
name of these officers should not be tarnished by the
actions of those few who commit discriminatory practices.
[Penal Code Section 13519.4(d).]
4)Defines "racial profiling" as the practice of detaining a
suspect based on a broad set of criteria which casts suspicion
on an entire class of people without any individualized
suspicion of the particular person being stopped. [Penal Code
Section 13519.4(e).]
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5)Prohibits a law enforcement officer shall not engage in racial
profiling. [Penal Code Section 13519.4(f).]
6)Mandates that every law enforcement officer in this state
shall participate in expanded training as prescribed and
certified by CPOST. [Penal Code Section 13519.4(g).]
7)States that the curriculum shall utilize the Tools for
Tolerance for Law Enforcement Professionals framework and
shall include and examine the patterns, practices, and
protocols that make up racial profiling. This training shall
prescribe patterns, practices, and protocols that prevent
racial profiling. In developing the training, the commission
shall consult with appropriate groups and individuals having
an interest and expertise in the field of racial profiling.
The course of instruction shall include, but not be limited
to, adequate consideration of each of the following subjects:
a) Identification of key indices and perspectives that make
up cultural differences among residents in a local
community.
b) Negative impact of biases, prejudices, and stereotyping
on effective law enforcement, including examination of how
historical perceptions of discriminatory enforcement
practices have harmed police-community relations.
c) The history and the role of the civil rights movement
and struggles and their impact on law enforcement.
d) Specific obligations of officers in preventing,
reporting, and responding to discriminatory or biased
practices by fellow officers.
e) Perspectives of diverse, local constituency groups and
experts on particular cultural and police-community
relations issues in a local area. [Penal Code Section
13519.4(h).]
f) Once the initial basic training is completed, each law
enforcement officer in California who adheres to the
standards approved by the commission shall be required to
complete a refresher course every five years thereafter, or
on a more frequent basis if deemed necessary, in order to
keep current with changing racial and cultural trends.
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[Penal Code Section 13519.4(i).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In the years
since the attacks of September 11, 2001, Sikhs have become the
objects of increased and uninformed scrutiny by some members
of law enforcement for carrying the kirpan. In the past seven
years, the Sikh Coalition, a national community-based civil
rights organization formed the day after the attacks of
September 11, has successfully resolved over 20 criminal cases
nationwide involving the carrying of the kirpan. In each
case, prosecutors have either agreed not to bring charges or a
judge has dismissed the case because they recognized the
religious significance of-and benign intent in carrying-the
kirpan.
"Initiated Sikhs are mandated by their religion to keep five
articles of faith on or as part of their person at all times.
These articles of faith are physical manifestations and
reminders of core Sikh spiritual values, which include
honesty, generosity, compassion, and service to humanity.
"The five Sikh articles of faith include the kirpan, which is an
article resembling a sword. It varies in length and the
portion representative of a 'blade' is often not sharp. As a
matter of practice, the kirpan is kept in a tight sheath and
worn using a shoulder strap. Carrying the kirpan for
initiated Sikhs is integral to the practice of the Sikh faith,
as it is mandated by the Rehat Maryada (Sikh Code of Conduct).
The kirpan acts as a constant reminder to its bearer of a
Sikh's solemn duty to protect the weak and promote justice for
all.
"Assembly Bill 504 recognizes the responsibility of the
Legislature to protect religious freedoms, while ensuring
public safety. AB 504 seeks to promote education and
awareness of the Sikh faith, specifically the carrying of the
kirpan by Sikhs in California when its possession is in
accordance with the recognized religious practice of the
person carrying it, by enhancing peace officers' training.
"Sikhs are vibrant, peaceful, and law-abiding members of our
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state and communities, and they should not live in fear of
arrest or prosecution for carrying the kirpan, which is an
integral part of their religious faith. Furthermore, when law
enforcement agents arrest or detain individuals for carrying
the kirpan (when its possession is in accordance with the Sikh
faith), they unnecessarily burden state and local resources,
not to mention humiliate Sikhs whose carrying of the kirpan
has no criminal intent."
2)Background : According to information provided by the author,
"Initiated Sikhs carrying kirpans may be arrested and charged
with violating state or local concealed weapons laws, despite
the benign intent in carrying it. Such arrests violate Sikhs'
religious freedoms. They also unnecessarily burden state and
local resources when law enforcement agents detain law abiding
Sikhs for carrying a kirpan, when its possession is in
accordance with their faith.
"The United Kingdom and Canada allow Sikhs to carry the kirpan
in public settings without impediments. However, no state in
the United States is known to have a law that decriminalizes
the carrying of the kirpan."
3)Sikhs and Sikhism : Sikhism originated in the Punjab region of
India more than 500 years ago with the life of Guru Nanak,
born in 1469. [See Singh, The Sikhs (1999) (hereafter The
Sikhs) pp. 16-17.] Nanak made four journeys through India and
the Arabian Peninsula, visiting Mecca and Baghdad. He wrote
poetry and preached that "there is but one God, he is the
Supreme Truth." [Singh, A History of the Sikhs, Vol. 1:
1459-1839 (1999) (hereafter A History of the Sikhs) pp. 3-5,
13-16, 28-29.] His followers were known as "Sikhs," deriving
from the Sanskrit word meaning "disciple." Guru Nanak was
followed by nine more Gurus, who continued the tradition of
monotheism, direct knowledge of the divine, and rationalism.
[Dhillon, Sikhism - Origin and Development (1988) pp. 323-330
(hereafter Dhillon).] Sikhism became recognized as a separate
order in 1699 when the tenth Guru, Guru Gobind Singh,
ceremoniously established a Sikh brotherhood known as the
Khalsa, translated as "pure ones." (The Sikhs, supra, pp.
54-57.) Instead of naming a successor, Guru Gobind Singh
named the Granth Sahib, the compilation of the living Guru's
works, as the holy book of Sikhism. (Id. at 36.)
Guru Gobind also unified the Sikhs under the Khalsa, and
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resolved a duality between soldiering and the spiritual
lifestyle by justifying defensive warfare. [The Sikh Network,
Introduction to Sikhism,
(as of Mar. 19, 2009).] Membership in the Khalsa is marked by
wearing a uniform or the five "K's": (1) "kes," uncut hair to
preserve the natural state of the body; (2) "kanga," a small
wooden comb to keep this uncut hair tidy, symbolizing
cleanliness; (3) "kachcha," a military-style undergarment to
emphasize chastity and self-control; (4) "kara," a steel
bangle on the right hand as armor to protect the
sword-wielding hand and to remind one of his or her faith; and
(5) "kirpan," a ceremonial sword or dagger symbolizing a
Sikh's duty to fight for good over evil, and to always support
freedom above oppression. (The Sikhs, supra, pp. 53-54.)
4)The Kirpan : The adoption of the kirpan as a symbol of Sikhism
was due to the experience of the Sikhs during the founding
days of the faith. The Mughal emperor Aurangzeb was a brutal
tyrant known for imposing a harsh interpretation of Islamic
Law upon the parts of India under his control. (Dhillon,
supra, pp. 138-43.) The seventh Guru, Guru Hari Rai, in the
pragmatic spirit of Sikhism, declared that it was better to
rise up against tyrants than to live under oppression, thus
breaking with the Hindu tradition of ahimsa, or non-violence.
[All About Sikhs, The Creation of Khalsa 1699,
(as of March 19, 2009).] However, when Guru Gobind
directed the Khalsa to carry a kirpan at all times as a
requirement of the faith, he expressed that only "when all
avenues have been explored, all means tried, it is rightful to
draw the sword . . . . " (A History of the Sikhs, supra, p.
n.5.)
The Sikh Rehat Maryada, or Code of Sikh Conduct, prescribes that
Sikhs wear a "strapped kirpan," but notably does not specify
the length of the blade. (See Rehat Maryada) As a result,
kirpans come in many varied sizes. Kirpans range in size from
several feet long, which are kept in Gurudwaras (Sikh Temples)
used for ceremonial purposes, to two- or three-inch
unsharpened blades kept sown or strapped on the inside of
one's clothing. Generally, these kirpans are kept encased in
a wooden sheath. Many Sikhs do not believe that a symbolic
kirpan is sufficient to satisfy the "strapped kirpan"
requirement in the Rehat Maryada; these Sikhs believe that a
strapped kirpan implies that the kirpan be a wieldable weapon.
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This distinction between the kirpan as a symbol and the
kirpan as a weapon is a point of debate within the Sikh
community and in American jurisprudence.
5)Kirpan or Concealed Weapon : It is estimated that there are 23
million Sikhs worldwide, making it the fifth largest world
religion. [California Sikh Foundation, Who Are Sikhs (2007)
(as of March 20,
2009).] According to the Sikh American Legal Defense and
Education Fund, it is estimated that there are 500,000 Sikhs
in the United States and 75,000 to 100,000 Sikhs in California
alone. According to Harvard University's Pluralism Project,
there are 15,000 Sikh Americans living in the greater
Sacramento area of California alone.
Wearing the kirpan in daily life has caused trouble for Sikhs;
specifically, Penal Code Section 12020(a)(4) prohibits persons
from "carrying a concealed dirk or dagger." A "dirk or
dagger" is defined as "a knife or other instrument with or
without a handguard that is capable of ready use as a stabbing
weapon that may inflict great bodily injury or death." [Penal
Code Section 12020(c)(24).] However, a kirpan carried in a
sheath and worn openly suspended from the waist is not
"concealed." Thus, a Sikh who wears a sheathed kirpan openly
suspended from his waist is not in violation of Penal Code
Section 12020(a)(4).
It is important to note that Sikhism does not mandate how the
kirpan is to be worn by the devotee, i.e. whether it be
displayed openly or concealed, but a Sikh who does not wear
his kirpan openly, in a sheath, or suspended from his waist
could be found in violation of Penal Code section 12020(a)(4)
if the nature of the Kirpan is that it is "capable of ready
use as a stabbing weapon that may inflict great bodily injury
or death."
A Sikh is not in violation if the kirpan cannot be removed from
its sheath without difficulty or is not capable of ready use.
Similarly, a Sikh is not in violation of Penal Code Section
12020(a)(4) if the blade is dulled or rounded such that it may
not be capable of inflicting great bodily injury or death.
6)Kirpan as a Religious Symbol under the First Amendment : The
First Amendment states that "Congress shall make no law
respecting a establishment of religion, or prohibiting the
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free exercise thereof." (U.S. Const., 1st Amend.) Through
the incorporation doctrine, the Supreme Court made the First
Amendment enforceable to the States. [See Cantwell v.
Connecticut (1940) 310 U.S. 296, 303 ("The Fourteenth
Amendment has rendered the legislature of the states as
incompetent as Congress to enact such laws (limiting the free
exercise of religion)."] The Supreme Court has interpreted
the First Amendment to not only protect the act in accordance
with that faith's beliefs. [See Wisconsin v. Yoder (1972) 406
U.S. 205 (finding the compulsory school attendance law
violated the free exercise clause by forcing Amish parents to
send their children to public school after the eighth grade,
in opposition to core Amish religious beliefs requiring them
to remain "aloof form the world").]
For three decades, the Court held that the government may only
burden a person's right to their free exercise of religion if
the government can offer a compelling interest that outweighs
the right of the individual, and that in furthering that
interest the government took the least restrictive means
possible. (See Ibid.)
However, this was sharply truncated by Employment Div., Dep't of
Human Res. of Oregon v. Smith (1990) 494 U.S. 872, 878. In
Smith, the Supreme Court held that a law that is neutral and
of general applicability need not be justified by a compelling
governmental interest even if the law has the incidental
effect of burdening a particular religious practice. (Ibid.)
The Free Exercise Clause only "protects religious observers
against unequal treatment." [Church of Lukumi Babalu Aye,
Inc. v. City of Hialeah (1993) 508 U.D. 520, 542 (quoting
Hobbie v. Unemployment Appeals Comm'n of Fla. (1987) 480 U.S.
136, 148.] Only a law burdening religious practice that is
not neutral or not of general application must undergo the
most rigorous of scrutiny.
California's concealed weapon law is not targeted on the basis
of religion. Any impact on the Sikh's exercise of free
exercise of religion is an unintentional and incidental burden
and thus is subject to rational basis review by the courts.
Thus, no challenge has been brought by the Sikh community as
the State has a rational interest in protecting the public.
This bill protects the Sikh community through education of the
law enforcement officers. Bestowing knowledge of the Sikh
faith and its articles of faith will give pause to those
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officers come into contact with the kirpan as punishing a Sikh
for following his religious beliefs is not in the furtherance
of justice.
7)Law Enforcement, Prosecutorial, and Judicial Discretion :
Prosecutorial and judicial discretion have somewhat insulated
the Sikh community from prosecution for wearing a kirpan. In
People v. Singh, a Sikh man standing on a subway platform in
Queens, New York, was arrested for possession of a knife in
violation of the New York City administrative code. [See
People v. Singh (N.Y. City Civ. Ct. 1987) 516 N.Y.S.3d 412,
413; see also New York City Admin. Code 10-133
(criminalizing the possession of knives longer than four
inches in public or the carrying of any exposed blade in
public, with exceptions).] Discussing the nature of the Sikh
religion and its tenets, the court balanced a Sikh's right to
free exercise of religion and the government interest in
public safety. (People v. Singh, supra, 516 N.Y.S.3d 412,
413-15.) In doing so, the court concluded that the City of
New York possessed the right to prosecute the defendant
because "the intrusion on the defendant's [F]irst [A]mendment
rights are deminimus [sic] and must yield by necessity to the
State's primary duty to protect its citizens." (Id. at 415.)
However, the court recognized its duty to fairly balance
between religious freedom and enforcement of criminal
statutes, and suggested that a kirpan be "encased in a solid
protective element such as plastic or lucite" so that it would
no longer be considered a knife or a weapon. (Id. at 416.)
Despite finding a right to prosecute the defendant, the court
invoked judicial discretion and sua sponte dismissed the
prosecution in the interest of justice. (Ibid.)
Law enforcement authorities have also proven unhelpful to Sikhs
who carry a kirpan. On September 12, 2001, more than 60
police officers of the Providence, Rhode Island Police
Department converged on an Amtrak station searching for
"suspicious men" who might have information on the events that
had taken place the day before. [See Mooney, Charges against
Sikh dropped, Providence Journal-Bulletin (Rhode Island), Oct.
26, 2001, at A1.] The police stopped and searched Sher J.B.
Singh, a 29-year-old Sikh engineer and co-founder of a
communications business, and arrested him for possession of a
concealed knife with a blade longer than three inches.
(Ibid.) After the story received notoriety, the mayor, as
well as the attorney general, of the City of Providence
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decided not to prosecute Singh for the kirpan. (Ibid.) His
kirpan was returned to him, along with an apology from the
police department and the City. [See Mooney, Tolerance,
understanding undo arrest - Weapons charge dropped; ceremonial
religious dagger returned, Providence Journal-Bulletin (Rhode
Island), Nov. 1, 2001, at A1.]
Perhaps the training prescribed by this bill to law enforcement
officers will decrease frivolous arrests, reports, court time
and costs.
8)Chicago Police Department Diversity Series Training: An
Example for All Law Enforcement Agencies : Following the 9/11
terrorist attacks, there was an increase in hate crimes,
creating an atmosphere of two extremes: those who were feared
and those who were fearful. According to Unequal Protection:
The Status of Muslim Civil Rights in the United States 2005,
an annual report issued by the Council on American-Islamic
Relations (CAIR), the number of anti-Muslim hate crimes in the
United States has increased exponentially from 42 cases in
2002, to 93 cases in 2003, to 141 cases in 2004. [See CAIR,
The Status of Muslim Civil Rights in the Untied States 2005
(2005) (as of Mar. 20, 2009).] Moreover,
individuals who are mistaken for Muslims, namely Sikhs, South
Asians, as well as Latinos, have also been targets of ethnic
and religious hate crimes. [The Pluralism Project, Dviersity
Training Series: Educating Chicago's Law Enforcement on the
City's Many Religions (2006)
(as of March 20, 2009).]
In response to the aforementioned events, the Chicago Police
Department and the Department of Justice created and
incorporated educational DVDs into their training program of
Chicago's nearly 14,000 police officers and new recruits.
(See Ibid.) The Diversity Series is comprised of two DVDs.
The first DVD is divided into eight segments, with a focus on
Chicago's many religions. The sections are: Diversity is our
Strength, Security, Diversity and Respect, Sikhism, Buddhism,
Islam, Judaism, Hinduism, and Eastern Orthodox. The second
DVD is sectioned into seven clips with a cultural theme: East
Asian, South Asian, Puerto Rican, Mexican, Central and South
American, Transgender, and Building Trust. The entire running
time of 150 minutes.
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" 'Other cities are using them,' said Philip Cline, Chicago's
police superintendent. 'They've even ended up in some
communities in the Middle East. It's because there's a
recognition of two things: police need to know about diverse
communities, and people out there need to learn about our
tactics.'
"Rick C. Tanksley, the police chief in Oak Park, a Chicago
suburb, said he saw the video on Hinduism when it was unveiled
in September and was so impressed that he ordered the set of
five for use in his town.
" 'They're right on target,' Chief Tanksley said, 'We've brought
on a lot of young officers in the last few years, and this is
a perfect way to educate them about the world outside and how
people view the world differently.'
"Chuck Wexler, executive director of the Police Executive
Research Forum in Washington, said he did not know of any
other police department that had produced a comparable set of
videos.
" 'There's a need to educate police officers about cultural
differences and how to balance the need for security with
respect for people's cultural heritage,' Mr. Wexler said. 'Up
to this minute, I don't think the law enforcement community
has been as effective at getting at these issues as we should
be. What this Chicago effort does is to go beyond the simple
lip service you pay, and really try to understand these
communities and realize that it really is possible to do your
job and also respect the nuances of individual cultures.'
" . . . Religious leaders say the videos have affected the way
police officers approach them and their communities.
" 'Baptized Sikhs, for example, really appreciate the martial
tradition,' said Shiva Singh Khalsa, a minister of Sikh dharma
in Chicago, 'and that can create a problem when a police
officer comes into one of our homes. They'll see swords and
pictures of martyrs and all this martial stuff. That might
have alarmed them before, but if they've seen this video,
they'll understand that it's just part of our life and nothing
to be worried about.'
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" 'My own experience is that, all of a sudden, beat cops know
who I am,' Mr. Khalsa said. 'They don't call me 'sheik' or ask
if I'm Muslim. All of a sudden, they're educated. They know
that I'm part of the world's fifth-largest religion. Before,
they didn't know I existed.' [Kinzer, Chicago Police Videos
Offer Insights Into Various Faiths, N. Y. Times, (Jan. 23,
2005)
(as
of March 20, 2009).]
The Diversity Series DVDs are available to all law enforcement
agencies for purchase from the United States Department of
Justice at a cost of $5. [See U.S. Department of Justice,
National Criminal Justice Reference Service,
(as of March 23,
2009).] The Diversity Series is also available for free
viewing online at . The Sikh portion of the Diversity
Series is 12 minutes and 56 seconds long.
9)Argument in Support : According to the American Civil
Liberties Union , "The American Civil Liberties Union is
pleased to support AB 504 to require the Peace Officer
Standards and Training curriculum to incorporate a training
component for all law enforcement officers on how to recognize
and interact with an individual of the Sikh faith who is
carrying a kirpan (ceremonial sword) on his or her person.
"The kirpan is a ceremonial sword carried by some members of the
Sikh faith. Sikhism, which began approximately 400 years ago
in Northern India, is the world's fifth largest religion.
California is home to the largest population of Sikhs
nationwide.
"Our Constitution guarantees the right of individuals to freely
exercise their religion. The carrying of the kirpan is an
essential part of the Sikh identity for many baptized Sikhs,
and they are required to carry the kirpan on their person at
all times. Training for law enforcement officers that
familiarizes them with the religious importance of the kirpan,
as well as how to recognize and interact with members o f the
Sikh faith, is an important first step in protecting the
religious freedom of all Sikhs in California for whom carrying
the kirpan is an integal part of their religious practice and
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identity."
10)Argument in Opposition : According to the Commission on Peace
Officers and Standards and Training (POST), "I am writing to
request your consideration in deleting the requirement of AB
504 to implement kirpan-related training into the basic course
for peace officers yet keep peace officer training available
via in-service programs.
"The Commission on POST remains sensitive to the many cultural
differences represented within California's communities and
recognizes the value of developing training to assist officers
in raising awareness and sensitivity during field contacts
involving these factors. The Commission, however, also
recognizes its obligation to maximize training resources in
times requiring fiscal constraint and good stewardship.
"The Commission on POST certifies 40 basic course academies
throughout the state in order to avail equitable academy
access to all local jurisdications. When determining whether
to incorporate specified curriculum into the baisc course, a
topic must meet the litmus test of state standardization. In
other words, does the content provide value to all
jurisdictions within Califonria? For example, investigative
techniques in the theft of agricultural products are not a
priority in most urban concentrations but area priority within
most rural jurisdictions in the Central Valley. It would be
inequitable to mandate statewide training on a topic that does
not impact all jurisdictions but would be cost effective to
avail training to those jurisdictions regularly encountering
agricultural theft.
"It could be argued that any peace officer within California may
someday encounter a Sikh wearing a kirpan. However, it
appears that only a few jurisdictions have a concentrated Sikh
population apparently in conjunction with the existence of a
Sikh Temple. Accordingly, the training content specified in
AB 504 does not meet the threshold to become a basic course
standard for the 600+ law enforcement jurisdictions
participating in the POST program.
"It is my recommendation that training for field contacts
involving a kirpan are best served by an in-service component,
in-service training telecourse update, or on-line training
bulletin. These formats are readily and economically
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available for those jurisdictions that might experience a
higher frequency of contact, or residual complications from
contacts involving a kirpan, t hereby necessitating additional
training."
11)Prior Legislation : SB 89 (Lockyer), of the 1993-94
Legislative Session, would have permitted a student on a
private or public school campus to carry a knife or dagger
that is an integral part of a recognized religious practice.
SB 89 was vetoed. In his veto message, the Governor reasoned
that:
"SB 89 seeks to find a balance between the constitutional right
of freedom of religious expression and the compelling state
interest in maintaining public safety in our schools.
"The bill addresses a venerable religious practice which
requires baptized Sikhs, including children, to wear a kirpan
(a small dagger) in adherence with their faith. The kirpan
traditionally has a blade of 3 to 6 inches and is worn
sheathed and concealed under garments.
"The tenets of the Sikhs' religion condemn violence or use of
drugs or alcohol. While the Sikhs have an exceptional record
as law-abiding citizens, the wearing of the ceremonial dagger
or kirpan is contrary, on its face, to both state law and
school regulation.
"Recently, the Livingston School District expressly banned
kirpans from school. Three Sikh children withdrew from their
classes while awaiting a federal court ruling on their motion
to bar the district from interfering with their religious
practices. The district court denied this motion, but was
reversed earlier this month by the U.S. Court of Appeals. The
children have returned to school with their kirpans.
"Other school districts have reached accommodation with the Sikh
community voluntarily, without court intervention, including
the Yuba and Live Oaks School District which allow kirpans,
only if they have been riveted to their sheaths.
"While the immediate need for SB 89 has been obviated, some
interest in a legislative remedy remains.
"The approach taken by SB 89 allows any person following any
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recognized religious practice to bring a knife or dagger onto
school grounds. The bill does not impose any express
statutory limits on the size of the blade nor confine its
terms to law-abiding Sikhs or kirpans.
"The narrower issue of whether a kirpan is a weapon is a
question of fact. Under the Penal Code, a knife or dagger with
a blade in excess of 2 1/2 inches long and designed to stab,
is a prohibited weapon.
"If a kirpan would be a weapon in the hands of any child, it
must legally be a weapon in the hands of every child. If,
however, the kirpan is altered physically so that it is no
longer a dangerous weapon, the kirpan could be exempted from
the Penal Code prohibitions. This is in fact what has
occurred in several school districts without legislation.
"I am unwilling to authorize the carrying of knives on school
grounds and abandon public safety to the resourcefulness of a
thousand school districts.
"I would, however, be willing to sign legislation that defined,
in statute, the physical characteristics which would render a
kirpan incapable of use as a weapon so that it retains only
its characteristics as a benign religious article exempt from
the prohibitions of the Penal Code."
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
Asian Americans for Civil Rights and Equality
California Attorneys for Criminal Justice
California Communities United Institute
California Immigrant Policy Center
Sikh Temple of Sacramento
The Sikh Coalition
The Sikh Research Institute
Two private individuals
Opposition
Commission on Peace Officer Standards
and Training
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Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744