COVID-19 Update: We offer FREE consultations virtually or via phone 24/7, learn more!

Articles Tagged with civil rights

The year 2020 was a volatile one, and now that it has come to an end, there are high hopes for a better and much more stable 2021. Across the country and in the state of California, new laws and regulations are going to take effect. Some of the new legislation is directly influenced by what we experienced during the pandemic. The world’s new normal includes considerations for COVID as well as other potential strains and viruses that could emerge.

What are the New California Laws for 2021?

The following are some of the new 2021 California laws that have taken effect as of January, 2021: 

  • Every employer who finds out that their employees have been exposed to COVID-19 has 24 hours to tell them.
  • Choke holds and carotid holds will not be used by law enforcement and are banned.
  • Parolees who were not able to vote due to their criminal history will now be able to legally vote in California.
  • Any individual serving time for a felony in a California prison who assisted with fighting the wildfires could have their felony charges expunged when they complete their sentence. This will be determined on a case-by-case basis and depends on the details of the crime committed. Those who do have the privilege of expungement will have an increased ability to become a professional firefighter.
  • Companies with greater than 25 employees will have to pay their employees a minimum of $14 per hour, and companies with under 25 employees will have to pay a minimum of $13 per hour.
  • Every California company must hold the jobs of its employees for up to 12 weeks to allow unpaid leave in the event of a childbirth or family emergency.
  • Companies that have headquarters in California and that are publicly held must have a director installed from an “underrepresented community.”
  • Insurance companies must notify their customers about any reduction in coverage and they also must confirm acknowledgment from their customers that they received the updated information. Customers must put their recognition of communications in writing.
  • Automobile brake pads that have more than 5% of copper materials will no longer be manufactured in the state.
  • Hospitals must have a stockpile of three months’ worth of personal protective equipment. Hospitals must also make sure that their healthcare workers use the equipment.

Continue reading

For the last seven years, the police in the city of San Diego made use of facial recognition technology through a network of 1,300 mobile cameras. The information compiled was successful in developing a database of 65,500 face scans. As of December 31, 2019, though, the California legislature put a stop to the use of the technology. A three-year ban was enacted against the use of mobile facial recognition technology by law enforcement. The ban came at the frustration of the police, but privacy advocates saw it as a win. 

Unfortunately, determining the effectiveness of the technology is not simple or easy. San Diego law enforcement agencies did not keep track of the results associated with the facial recognition initiative. According to the city’s police spokesperson, it is not known that there were arrests or prosecutions as a result of using the technology.

What is the Tactical Identification System (TACIDS)?

In 2012 the TACIDS was put into place without a public hearing or public notice. The software behind the system worked by focusing on unique identifiers via patterns and textures on the face to compare with a database of over 1.8 million mugshots. In less than two seconds the software can compare the traits to find matches with the images collected by the San Diego County Sheriff’s office.

FaceFirst supplied the software to law enforcement agencies. There were 30 agencies as well as the U.S. Department of Homeland Security’s Immigration and Customs Enforcement who used TACIDS. Out of all the agencies that had access to the software, law enforcement in San Diego made the most use of it. The large police department used it frequently. The newly developed Neighborhood Policing Division which began in 2018 was easily behind the department’s high rate of use. This division was a response to the rising homeless population in the city. The technology was given to officers so that they could identify homeless individuals who often do not carry identification.

How Did the Ban on TACIDS Come About?

Privacy advocates had major concerns with the facial recognition technology, and increased pressure on lawmakers motivated them to put the ban in place. The American Civil Liberties Union tested the software and found that it had flaws. They found a 20% failure rate for matching individuals and the majority of those that were mistaken were with individuals of color. Community leaders argued that the technology violated people’s civil liberties. Lawmakers listening to these concerns agreed that there are problems with the way surveillance capabilities are utilized. Continue reading

In an attempt to address the ongoing trend of police misconduct and institutional bias, California Governor Jerry Brown signed legislation last week mandating that California law enforcement agencies collect and make public data on the racial makeup of all those encountered by police.  A.B. 953, was written by Assemblywoman Shirley Weber (D-San Diego) as a response to fatal police shootings of unarmed black men and other people of color. A 2008 study of LAPD data by a Yale researcher found blacks and Latinos were subjected to stops, frisks, searches, and arrests at significantly higher rates than whites, regardless of whether they lived in high-crime neighborhoods.

What A.B. 953 Does

A.B. 953 will amend Sections 13012 and 13519.4 of the California Penal Code. Under the new law, California police must collect data on the people they stop, including perceived race and ethnicity, the reason for the encounter, and the outcome. The state attorney general’s office will determine how the reporting is done and how the data are stored. In addition, police agencies whose officers wear cameras will have to follow rules on storing and using the video so it is not mishandled. The regulations dictate how long video should be kept and how supervisors should use it in investigations.

Contact Information