Today's Law As Amended

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AB-619 Reports: uses of force and deaths in law enforcement custody.(2015-2016)



SECTION 1.

 Section 12525 of the Government Code is amended to read:

12525.
 In (a)  (1)   any case in which  If  a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the Attorney General, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. These writings are public records within the meaning of subdivision (d) of Section 6252 of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), are open to public inspection pursuant to Sections 6253, 6256, 6257, and 6258. Nothing in this section shall permit the disclosure of confidential medical information that may have been submitted to the Attorney General’s office in conjunction with the report except as provided in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. The report shall comply with subdivision (c). 
(2) For purposes of this section, “custody” includes, but is not limited to, any point in time when a person’s freedom of movement is curtailed or limited by a peace officer, or when a person is led to believe, as a reasonable person, that he or she is so deprived of the freedom to move, such as during a stop, a stop and frisk, an interrogation, an arrest, transport prior to booking, or correctional confinement.
(b) (1) Beginning January 1, 2018, each state and local agency that employs a peace officer shall annually report to the Attorney General data on the use of force by that agency’s sworn personnel. The report shall comply with subdivision (c).
(2) For purposes of this section, “use of force” includes, but is not limited to, any of the following:
(A) A use of force that results in, or contributes to, the medical treatment or hospitalization of a person.
(B) The discharge of a firearm at a person.
(C) The use of an electronic control or conducted energy device on a person.
(D) A strike by a baton or other instrument on a person.
(E) Any strike to a person’s head, neck, or chest.
(c) The reports made to the Attorney General pursuant to subdivisions (a) and (b) shall, at a minimum, include all of the following information:
(1) The time, date, and location of the use of force or death.
(2) The setting in which the use of force or death occurred, including, but not limited to, a traffic stop, pedestrian stop, or in a correctional facility or other correctional setting.
(3) The characteristics of each peace officer involved in the use of force or death, including, but not limited to, each officer’s race, ethnicity, gender, age, assignment, division or station, shift, and whether the officer was in uniform.
(4) A description of any person upon whom a use of force, as described in subdivision (b), was applied, or of the person who died. A description of a person upon whom a use of force was applied shall be based on the observation and perception of the peace officer who used force, and the information shall not be requested from the person upon whom force was used, unless otherwise required by law. The description shall include, but not be limited to, all of the following:
(A) The race, ethnicity, and age of the person.
(B) The sexuality and religion of the person, if any is perceived.
(C) Whether the person had limited English proficiency.
(D) Whether the person had any perceived mental or physical disability, or preexisting injury or medical condition.
(E) Whether mental health personnel were called to the scene of the use of force or death, and whether the personnel were called before or after the use of force or death occurred.
(F) Whether the person was homeless.
(G) Whether the person was perceived to be under the influence of alcohol or narcotics.
(5) If applicable, whether the officer previously stopped the person upon whom force was used.
(6) Whether the person was armed, and, if the person was armed, with what type of weapon.
(7) If applicable, details concerning any force used by a peace officer, including, but not limited to, all of the following:
(A) The type of force used.
(B) Any injuries sustained by the person.
(C) The length of time between when force was used and when the person received medical treatment.
(d) The writings described in subdivisions (a) and (b) are public records within the meaning of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and are open to public inspection pursuant to that act.
(e) (1) The Attorney General shall annually issue a report summarizing the writings received by the Attorney General pursuant to subdivisions (a) and (b).
(2) The reports described in paragraph (1) shall separately list the statewide total number for each of the data collection criteria specified in subdivision (c). The reports described in paragraph (1) shall also separately disaggregate the total number for each of the data collection criteria specified in subdivision (c) for each agency that submits a report to the Attorney General pursuant to subdivision (a) or (b).
(3) The Attorney General shall make the reports described in paragraph (1) available to the public by posting those reports in their entirety on the Department of Justice’s Internet Web site. The first reports shall be posted no later than July 1, 2018. The reports shall remain posted on the Department of Justice’s Internet Web site in order to be available to the public in an ongoing, continuous manner.
(f) This section does not authorize the disclosure of confidential medical information that may have been submitted to the Attorney General’s office in conjunction with the writings described in subdivisions (a) and (b), except as provided in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.