By Ryan Sabalow

WHAT THE BILL WOULD DO

SB 804 would allow community service officers — uniformed police department civilian employees who don’t have arrest powers — to testify at preliminary hearings where authorities present evidence to a judge who decides whether to move ahead with a full felony trial. Witnesses or victims are still required to testify in a trial. As it stands, only sworn officers are allowed to testify at “prelims,” despite community service officers often taking witness statements at crime scenes and during investigations. 

WHO SUPPORTS IT

The Redding Police Department brought the issue to the attention of the region’s senator, Republican Brian Dahle, arguing that as police budgets shrink, community services officers should be allowed to testify to free up sworn officers for other duties. The California State Sheriffs Association, the California Police Chiefs Association, San Francisco Mayor London Breed and the state’s police union support the legislation. Proponents say that it would keep officers from having to re-interview witnesses. Plus, they argue that having fewer armed officers interacting with witnesses helps address concerns about over-policing in communities of color.

WHO IS OPPOSED

ACLU California Action, criminal defense attorneys, including the California Public Defenders Association, and social justice groups opposed the legislation. They argue that the changes could lead to shoddy testimony being admitted into legal proceedings where a suspect’s freedom is on the line. They argue that preliminary hearings are already tilted in the favor of police and prosecutors. “The bottom line is that preliminary hearings are so problematic right now,” Ignacio Hernández of California Attorneys for Criminal Justice, told the Assembly Public Safety Committee this summer. 

WHY IT MATTERS

Since 1990, the state’s population has grown by nearly 10 million people, yet the numbers of California’s sworn patrol officers have dropped to below where they were in 1991, according to a recent report from the Public Policy Institute of California. Sworn officer staffing shortages are particularly prevalent in rural areas such as those in Dahle’s sprawling Senate district in northeastern California.

At the same time, in the wake of high-profile cases of unjustified police violence, social justice advocates have been urging California lawmakers and local governments to scale back the numbers of armed police patrolling communities of color. Some communities are deploying unarmed social or mental-health workers trained to defuse confrontations in situations where armed officers used to be the sole respondents.

GOVERNOR’S CALL ❌

Newsom announced Sept. 20 he vetoed the bill. In his veto message, he said while he appreciates the goal to “conserve law enforcement resources, the bill raises concerns about the reliability of evidence presented at a critical stage of criminal proceedings, in which decisions are made regarding whether probable cause exists to charge defendants with felonies.”