Senate Bill 2 Training BulletinRohnert Park Department of Public Safety
Training Bulletin -Senate Bill 2
Topic: Senate Bill 2
Summary: Senate Bill 2, signed September 30, 2021, outlines peace officer certification requirements in California
On September 30, 2021, Governor Newson signed Senate Bill 2 into law. The provisions in Senate Bill 2 took effect on January 1, 2022. SB 2 modified or added the follow California Code Sections:
Modified California Civil Code 52.1:
Places limitation on state immunity provisions for peace officers and public entities allowing for civil rights law suits under California Civil Code 52.1, also known as the Tom bane Civil Rights Act.
Originally enacted in 1987, the Tom Bane Civil Rights Act forbids anyone from interfering with another person's consititutional rights by force or threat of violence.
Specifically, the modified civil code adds sections (n) and (o) to the Tom Bane Civil Rights Act, stating:
(n) The state immunity provisions provided in Sections 821.6, 844.6, and 845.6 of the Government Code shall not apply to any cause action brought against any peace officer or custodial officer, as those terms are defined in Chapter 4.5 (commencing with section 830) of Title 3 of Part 2 of the Penal Code, or directly against a public entity that employes a peace officer or custodial officer, under this section.
(o) Sections 825, 825.2, 825.4, and 825.6 of the Government code, providing indemnification of an employee or former employee of a public entity, shall apply to any cause of action brought under this section against an employee or former employee of a public entity.
This law exposes agencies and peace officers to lawsuits under the Tom Bane act. It also exposes them to an existing portion of the Tom Bane Civil Rights Act which allows the Attorney General, DA, or City Attorney to seek $25,000 civil penalty against officers personally.