BILL ANALYSIS
AB 504
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 504 (Furutani) - As Introduced: February 24, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Commission on Peace Officer Standards
(POST), at the next regularly scheduled review of training
relating to weapons violations and cultural diversity, to create
and make available training on how to recognize and interact
with a person carrying a kirpan, a ceremonial sword/knife
central to the Sikh faith. The training shall be designed as
part of POST's mandatory basic training for all peace officers
employed by law enforcement agencies that comply with POST
training standards.
Requires POST to electronically distribute, as necessary, a
training bulletin to law enforcement agencies participating in
POST's program on the topic of the kirpan.
FISCAL EFFECT
Annual costs, likely in excess of $150,000 (Peace Officers
Training Fund) for POST to develop the curriculum, distribute
statewide training bulletins, and provide training
reimbursements to local governments.
COMMENTS
1)Rationale . The author's intent is to familiarize peace
officers with the ceremonial kirpan and thereby reduce the
potential for misunderstanding and unnecessary incidents, such
as charging Sihks with possessing concealed weapons.
According to the author, "In the years since the attacks of
September 11, 2001, Sikhs have become the objects of increased
AB 504
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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?
"AB 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."
Though estimates vary, there are about 25 million Sihks
worldwide, 1.5 million in North America, and 500,000 in the
U.S. Sikhism is the world's fifth largest religion. Sikhism
believes in one omnipresent, formless God, the source of all
creation. Sikhs are required to observe five articles of faith
- Kesh (uncut hair), Kirpan (a short dagger), Kara (an iron
bracelet), Kanga (comb), and Kachha (breeches).
Sikh literature states the kirpan has a physical function, a
defensive weapon, as well as a symbolic function. Physically
it is an instrument of ahimsa, or non-violence. The principle
of ahimsa is to prevent violence. Symbolically, the kirpan
represents the power of truth to cut through untruth.
2)POST Concerns/Suggested Amendments. POST contends this
proposal should be narrowed to make kirpan-related training
available, rather than required as part of mandatory basic
training.
"There is limited training value in mandating kirpan content
in the academy. POST certifies 40 basic course academies
throughout the state to provide equitable academy access and
standardized curriculum to all local jurisdictions. When
determining whether to incorporate curriculum into the basic
course, a topic must meet the litmus test of state
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standardization, or it must rise to a level of importance
worthy of displacing existing content. In other words, does
the content provide intrinsic value to over 600 law
enforcement jurisdictions within California?
"For example, investigative techniques in the theft of
agricultural products are not a priority in most urban
jurisdictions but are important within most rural
jurisdictions in the Central Valley. It would be inequitable
and costly to mandate statewide basic training on a topic that
does not impact all jurisdictions. It would, however, be cost
effective to avail in-service training resources to those
jurisdictions that consistently investigate incidents
involving agricultural theft.
"Legislatively-mandated basic course content generally
addresses broader competencies of police work. Some examples
of legislatively mandated topics that meet the basic course
threshold have been Laws of Arrest, Firearms, the Standardized
Emergency Management System, Child Abuse Investigation,
Domestic Violence, Hate Crimes, High-Speed Awareness, and
Traffic Collision Investigation.
"There is no empirical data to establish that the possession
of a kirpan as a significant statewide issue with law
enforcement. In 2008, over 1,500,000 arrests were made by
California's peace officers. The sponsors of this bill
estimate incidents of law enforcement contact involving a
kirpan to be no more than 20 within the last few years. This
does not appear to establish statistical significance to
justify this training topic as a mandatory component of the
basic academy course."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081