BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
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AB 504 (Furutani)
As Amended June 1, 2009
Hearing date: July 14, 2009
Penal Code
SM:mc
PEACE OFFICER TRAINING: THE KIRPAN
HISTORY
Source: Author
Prior Legislation: SB 89 (Lockyer) - 1994, vetoed
Support: Asian Americans for Civil Rights and Equality; American
Civil Liberties Union; California Attorneys for
Criminal Justice; California Communities United
Institute; California Immigrant Policy Center; The Sikh
Coalition; The Sikh Research Institute; Sikh Temple of
Bakersfield; Sikh Temple of Sacramento; South Asian Bar
Association; Council on American-Islamic Relations-San
Francisco Bay Area Chapter; International Institute of
Gurmat Studies, Inc., USA; Jakara Movement; Gurdwara
Sahib Fremont; California Sikh Council; several
individuals
Opposition:None known
Assembly Floor Vote: Ayes 76 - Noes 0
KEY ISSUES
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SHOULD THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND
TRAINING ("POST") BE REQUIRED, UPON THE NEXT REGULARLY SCHEDULED
UPDATE OF TRAINING CONTENT RELATING TO WEAPONS VIOLATIONS AND
CULTURAL DIVERSITY, CREATE AND ADD TRAINING CONTENT ON HOW TO
RECOGNIZE AND INTERACT WITH SIKHS POSSESSING ARTICLES OF FAITH,
INCLUDING A KIRPAN?
(CONTINUED)
SHOULD POST BE REQUIRED TO MAKE THIS CONTENT AVAILABLE TO CALIFORNIA
LAW ENFORCEMENT AGENCIES, AS SPECIFIED?
SHOULD POST BE REQUIRED TO ELECTRONICALLY DISTRIBUTE, AS NECESSARY,
A TRAINING BULLETIN ON THE TOPIC OF THE KIRPAN TO LAW ENFORCEMENT
AGENCIES, AS SPECIFIED?
PURPOSE
The purpose of this bill is to (1) make specified legislative
finding regarding the Sikh religion and the requirements of the
religion, including carrying a "kirpan"; (2) mandate that the
California Commission on Peace Officer Standards and Training
(POST), upon the next regularly scheduled update of training
content relating to weapons violations and cultural diversity,
create and add training content on how to recognize and interact
with Sikhs possessing articles of faith, including a kirpan, and
to specify the contents of that training; (3) require that the
training content shall be developed by POST in consultation with
"appropriate subject matter experts"; (4) require that POST
shall make the content available to California law enforcement
agencies that participate in, and comply with, training
standards set forth by the commission; and (5) require that, in
addition to the duties described above, POST shall
electronically distribute, as necessary, a training bulletin on
the topic of the kirpan to law enforcement agencies
participating in the commission's program.
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Current law provides that the California Commission on Peace
Officer Standards and Training ("POST") shall develop and
disseminate guidelines and training for all law enforcement
officers in California, as specified, who adhere to the
standards approved by the commission, on the racial and cultural
differences among the residents of this state. The course or
courses of instruction and the guidelines shall stress
understanding and respect for racial and cultural differences,
and development of effective, noncombative methods of carrying
out law enforcement duties in a racially and culturally diverse
environment. (Penal Code 13519.4(a).)
Current law provides that the course of basic training for law
enforcement officers shall include 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 13519.4(b).)
Current law applies the following definitions for the purposes
of this section:
"Disability," "gender," "nationality," "religion," and
"sexual orientation" have the same meaning as in Section
422.55.
"Culturally diverse" and "cultural diversity" include,
but are not limited to, disability, gender, nationality,
religion, and sexual orientation issues.
"Racial" has the same meaning as "race or ethnicity" in
Section 422.55. (Penal Code 13519.4(c).)
Current law requires that every law enforcement officer in this
state shall participate in expanded training as prescribed and
certified by the POST. (Penal Code 13519.4(g).)
Current law requires that the curriculum shall utilize the Tools
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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:
Identification of key indices and perspectives that make
up cultural differences among residents in a local
community.
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.
The history and the role of the civil rights movement
and struggles and their impact on law enforcement.
Specific obligations of officers in preventing,
reporting, and responding to discriminatory or biased
practices by fellow officers.
Perspectives of diverse, local constituency groups and
experts on particular cultural and police-community
relations issues in a local area. (Penal Code
13519.4(h).)
Current law requires that, once the initial basic training is
completed, each law enforcement officer in California as
specified, and 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. (Penal Code 13519.4(i).)
This bill would make the following uncodified legislative
findings:
The United States was founded on the core principles of
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religious freedom, diversity, and equality for all.
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.
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.
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.
In the years since the attacks of September 11, 2001,
Sikhs have experienced an unprecedented increase in arrests
for carrying the kirpan.
State and local resources are unnecessarily burdened
when law enforcement officers detain law-abiding Sikhs for
carrying a kirpan, when its possession is in accordance
with their faith.
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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.
This bill requires POST, upon the next regularly scheduled
update of training content relating to weapons violations and
cultural diversity, create and add training content on how to
recognize and interact with Sikhs possessing articles of faith,
including a kirpan. The training content shall be designed for,
and made available to, peace officers employed by law
enforcement agencies that participate in training that complies
with training standards set forth by the commission.
This bill defines "kirpan," for purposes of this section, as "a
blade that resembles a sword and is required to be carried as an
integral part of the practice of the Sikh faith."
This bill requires that the training content shall include
instruction on how arrests of Sikhs carrying a kirpan have
historically been treated by the criminal justice system in
California, including the alternatives to arrest and detention
that have been successfully used by law enforcement officers
when contacting a Sikh carrying a kirpan with a benign intent
and in accordance with an integral part of his or her recognized
religious practice.
This bill requires that the training content shall be developed
by the commission in consultation with appropriate subject
matter experts. POST shall make the content available to
California law enforcement agencies that participate in, and
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comply with, training standards set forth by POST.
This bill requires that, in addition to the duties described
above, POST shall electronically distribute, as necessary, a
training bulletin on the topic of the kirpan to law enforcement
agencies participating in the commission's program.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
California continues to face a severe prison overcrowding
crisis. The Department of Corrections and Rehabilitation (CDCR)
currently has about 170,000 inmates under its jurisdiction. Due
to a lack of traditional housing space available, the department
houses roughly 15,000 inmates in gyms and dayrooms.
California's prison population has increased by 125% (an average
of 4% annually) over the past 20 years, growing from 76,000
inmates to 171,000 inmates, far outpacing the state's population
growth rate for the age cohort with the highest risk of
incarceration.<1>
In December of 2006 plaintiffs in two federal lawsuits against
CDCR sought a court-ordered limit on the prison population
pursuant to the federal Prison Litigation Reform Act. On
February 9, 2009, the three-judge federal court panel issued a
tentative ruling that included the following conclusions with
respect to overcrowding:
No party contests that California's prisons are
overcrowded, however measured, and whether considered
in comparison to prisons in other states or jails
within this state. There are simply too many
----------------------
<1> "Between 1987 and 2007, California's population of ages 15
through 44 - the age cohort with the highest risk for
incarceration - grew by an average of less than 1% annually,
which is a pace much slower than the growth in prison
admissions." (2009-2010 Budget Analysis Series, Judicial and
Criminal Justice, Legislative Analyst's Office (January 30,
2009).)
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prisoners for the existing capacity. The Governor,
the principal defendant, declared a state of emergency
in 2006 because of the "severe overcrowding" in
California's prisons, which has caused "substantial
risk to the health and safety of the men and women who
work inside these prisons and the inmates housed in
them." . . . A state appellate court upheld the
Governor's proclamation, holding that the evidence
supported the existence of conditions of "extreme
peril to the safety of persons and property."
(citation omitted) The Governor's declaration of the
state of emergency remains in effect to this day.
. . . the evidence is compelling that there is no
relief other than a prisoner release order that will
remedy the unconstitutional prison conditions.
. . .
Although the evidence may be less than perfectly
clear, it appears to the Court that in order to
alleviate the constitutional violations California's
inmate population must be reduced to at most 120% to
145% of design capacity, with some institutions or
clinical programs at or below 100%. We caution the
parties, however, that these are not firm figures and
that the Court reserves the right - until its final
ruling - to determine that a higher or lower figure is
appropriate in general or in particular types of
facilities.
. . .
Under the PLRA, any prisoner release order that we
issue will be narrowly drawn, extend no further than
necessary to correct the violation of constitutional
rights, and be the least intrusive means necessary to
correct the violation of those rights. For this
reason, it is our present intention to adopt an order
requiring the State to develop a plan to reduce the
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prison population to 120% or 145% of the prison's
design capacity (or somewhere in between) within a
period of two or three years.<2>
The final outcome of the panel's tentative decision, as well as
any appeal that may be in response to the panel's final
decision, is unknown at the time of this writing.
This bill does not appear to aggravate the prison overcrowding
crisis outlined above.
COMMENTS
1. Need for This Bill
According to the author:
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
----------------------
<2> Three Judge Court Tentative Ruling, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (Feb. 9, 2009).
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of a Sikh's solemn duty to protect the weak and
promote justice for all.
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 eight 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.
The problem is 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.
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.
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AB 504 requires the Peace Officer Standards and
Training (POST) Commission to create and add content
to training materials for peace officers on how to
interact with persons carrying a kirpan, in
consultation with appropriate subject matter experts.
The bill requires education on the kirpan as part of
peace officers' cultural diversity and weapons
violations training.
2. Sikhism and the Kirpan
According to the California Sikh Foundation:
Sikhism comes from the word Sikh which means a
disciple. A Sikh is a person who believes in One God
and the teachings of the Ten Gurus, enshrined in Guru
Granth Sahib Ji, the Sikh holy scripture.
* * * * * *
Currently, there are about 23 million Sikhs in the
world, making it the 5th largest world religion.
Approximately 19 million Sikhs live in India with the
majority living in Punjab. Large populations of Sikhs
can be found in the United Kingdom, Canada, and USA.
By percentage there are more Sikhs in Canada (4%) than
India (2%).
* * * * *
Today, Sikhs can be found all over India and also
elsewhere in the world. The observant men can be
identified by their practice of always wearing a
turban to cover their long hair. The turban is quite
different from the ones worn by the Muslim clergy. (in
some countries, laws requiring motorcyclists to wear
crash helmets had to be modified to accommodate them)
and their almost universal use of the surname Singh
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(meaning lion).
Of course, not all people named Singh are necessarily
Sikhs! Sikh men are also supposed to have the
following items on them at all times: a comb, short
breeches, a steel arm bracelet and a sword or dagger.
In modern society, of course, one cannot really carry
a sword or even a large dagger, but even a good
penknife or a miniature dagger is sufficient to
express the symbolic meaning.
By carrying a weapon, the Sikh is reminded of the
persecution his religion has experienced and the need
to defend the weak against the mighty. The breeches
are a symbol of chastity and monogamy. The steel
bracelet, the Kara, indicates bondage to God. A
corollary being that a Sikh does not bow before anyone
except his master, i.e., God. A Sikh is supposed to
never cut his hair, both to indicate a lifelong search
for spirituality and acceptance for God's gifts to
man. A comb is to keep the hair tidy, a symbol of not
just accepting what God has given, but also an
injunction to maintain it.
(http://calsikhfoundation.org/who_we_are.htm)
3. Training Peace Officers Regarding the Kirpan
Penal Code Section 12020(a)(4) prohibits any person from
"carrying a concealed dirk or dagger." A "dirk or dagger" is
defined as "a knife or other instrument with or without a hand
guard that is capable of ready use as a stabbing weapon that may
inflict great bodily injury or death." (Penal Code
12020(c)(24).) Clearly, this creates the potential for a Sikh
male carrying a ceremonial dagger or kirpan to come in contact
with law enforcement and face the possibility of arrest if the
officer feels the kirpan was a concealed weapon.
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This bill would address this issue by providing training to
peace officers on the meaning and significance of the kirpan and
would not amend the substantive law with respect to carrying a
concealed dirk or dagger. This type of training has met with
positive reviews in other jurisdictions. In January of 2005,
The New York Times reported on similar training offered to
police in the City of Chicago:
Many men of the Sikh faith wear a small sword under
their clothing. Orthodox Jews often refuse to move
illegally parked cars on Saturdays. Outsiders may
photograph statues in Buddhist temples, but not in
Hindu ones.
These are some of the insights in a series of videos
the Chicago Police Department uses to train its
officers in dealing with non-Christians. Community
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leaders say the videos have substantially improved
relations between various religious groups and police
officers.
---
"This is not just a superficial thing," said Kareem M.
Irfan, chairman of the Council of Islamic
Organizations of Greater Chicago. "It has changed our
community's relationship with the police to the extent
that people are beginning to see the Chicago Police
Department as an ally rather than an opposing force."
The five videos, each about 10 minutes, have been
produced over the last two years as part of the
department's desire to communicate more effectively
with religious groups after the Sept. 11 attacks.
They focus on Sikhs, Muslims, Jews, Buddhists and
Hindus. Each contains scenes shot inside homes and
houses of worship, as well as interviews in which
religious and community leaders explain aspects of
their faiths.
A police narrator advises officers on practices they
should be careful to avoid, like eating non-kosher
food inside a synagogue or asking a Sikh to remove his
turban in public.
Each of Chicago's nearly 14,000 police officers is
required to watch all five videos, and they are also
shown to recruits. Copies have been distributed to
police chiefs in the nation's 50 largest cities, as
well as to chiefs in the Chicago area.
"Other cities are using them," said Philip Cline,
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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."
Ellen Scrivner, the Chicago Police Department's chief
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budget officer, said the agency was planning to
commission another set of videos, this time focusing
on ethnic groups.
"One side effect that we hadn't expected is that a lot
of community groups are asking for copies of these
videos," Ms. Scrivner said, "and that's had a very
interesting result."
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."
"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." (Chicago Police Videos Offer
Insights into Various Faiths, January 23, 2005,
http://www.nytimes.com/2005/01/23/national/23video.html
?_r=1)
POST initially opposed this bill in the Assembly when it would
have mandated training in the basic police academy training
course. The bill was subsequently amended to require the POST
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Commission, upon the next regularly scheduled update of training
content relating to weapons violations and cultural diversity,
to create and add training content on how to recognize and
interact with Sikhs possessing articles of faith, including a
kirpan and to electronically distribute, as necessary, a
training bulletin on the topic of the kirpan to law enforcement
agencies. As a result of these amendments, POST has removed its
opposition.
SHOULD POST BE REQUIRED TO INCLUDE THIS CONTENT IN ITS TRAINING
MATERIALS ON WEAPONS VIOLATIONS AND CULTURAL DIVERSITY AND
DISTRIBUTE IT, AS SPECIFIED?
***************