BILL ANALYSIS
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THIRD READING
Bill No: AB 504
Author: Furutani (D), et al
Amended: 6/1/09 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/14/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 6/2/09 - See last page for vote
SUBJECT : Peace officers training: the kirpan history
SOURCE : Author
DIGEST : This bill (1) to (1) makes specified legislative
finding regarding the Sikh religion and the requirements of
the religion, including carrying a kirpan; (2) mandates
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) requires that the training
content shall be developed by POST in consultation with
"appropriate subject matter experts"; (4) requires that
POST shall make the content available to California law
CONTINUED
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enforcement agencies that participate in, and comply with,
training standards set forth by the commission; and (5)
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.
ANALYSIS : 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 Section 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
Section 13519.4(b).)
Current law applies the following definitions for the
purposes of this section:
1. "Disability," "gender," "nationality," "religion," and
"sexual orientation" have the same meaning as in Section
422.55.
2. "Culturally diverse" and "cultural diversity" include,
but are not limited to, disability, gender, nationality,
religion, and sexual orientation issues.
3. "Racial" has the same meaning as "race or ethnicity" in
Section 422.55. (Penal Code Section 13519.4(c).)
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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 Section
13519.4(g).)
Current law requires 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:
1. Identification of key indices and perspectives that make
up cultural differences among residents in a local
community.
2. 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.
3. The history and the role of the civil rights movement
and struggles and their impact on law enforcement.
4. Specific obligations of officers in preventing,
reporting, and responding to discriminatory or biased
practices by fellow officers.
5. 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).)
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
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deemed necessary, in order to keep current with changing
racial and cultural trends. (Penal Code Section
13519.4(i).)
This bill makes the following uncodified legislative
findings:
1. The United States was founded on the core principles of
religious freedom, diversity, and equality for all.
2. 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.
3. 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.
4. 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.
5. In the years since the attacks of September 11, 2001,
Sikhs have experienced an unprecedented increase in
arrests for carrying the kirpan.
6. 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.
7. It is the responsibility of the Legislature to protect
religious freedoms, while ensuring public safety.
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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/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 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.
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Comments
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 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
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state in the United States is known to have a law that
decriminalizes the carrying of the kirpan.
This bill recognizes the responsibility of the Legislature
to protect religious freedoms, while ensuring public
safety. This bill 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.
This bill requires the 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/17/09)
American Civil Liberties Union
Asian Americans for Civil Rights and Equality
California Attorneys for Criminal Justice
California Communities United Institute
California Immigrant Policy Center
California Sikh Council
Council on American-Islamic Relations-San Francisco Bay
Area Chapter
Gurdwara Sahib Fremont
International Institute of Gurmat Studies, Inc., USA
Jakara Movement
Sikh Temple of Bakersfield
Sikh Temple of Sacramento
South Asian Bar Association
The Sikh Coalition
The Sikh Research Institute
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Tom
Berryhill, Blakeslee, Blumenfield, Brownley, Buchanan,
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Caballero, Charles Calderon, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Bill Berryhill, Block, Hall, Bass
RJG:do 8/17/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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