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AB-284 Department of Justice: officer-involved shootings: report.(2017-2018)

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Date Published: 07/03/2017 09:00 PM
AB284:v96#DOCUMENT

Amended  IN  Senate  July 03, 2017
Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 284

Introduced by Assembly Member McCarty Members McCarty, Bonta, and Jones-Sawyer
(Coauthor: Assembly Member Holden)
(Coauthor: Senator Hueso)

February 02, 2017

An act to add Section 12525.3 to the Government Code, relating to the Department of Justice. An act to add Section 12525.4 to the Government Code, relating to the Department of Justice.


LEGISLATIVE COUNSEL'S DIGEST


AB 284, as amended, McCarty. Attorney General: officer-involved shootings: independent review. Department of Justice: officer-involved shootings: report.
Existing law authorizes a peace officer who has reasonable cause to believe that a person to be arrested has committed a public offense to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance.
Existing law requires each law enforcement agency to annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of specified incidents, including an incident involving the shooting of a civilian by a peace officer or an incident involving the shooting of a peace officer by a civilian.
This bill would, contingent upon the appropriation of funding by the Legislature, require the Department of Justice to conduct a study of all or a sample of peace officer-involved shootings resulting in death or serious injury that occurred in California between January 1, 2015, and December 31, 2016. The bill would require the department to prepare a written report describing its findings and recommendations and make the report available to the public.

Existing law authorizes a peace officer who has reasonable cause to believe that a person to be arrested has committed a public offense to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance.

Existing law requires each law enforcement agency to annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of specified incidents, including an incident involving the shooting of a civilian by a peace officer or an incident involving the shooting of a peace officer by a civilian.

This bill would require the Department of Justice to create an independent review unit, to be known as the Statewide Officer-Involved Shooting Investigation Team, within the office to investigate officer-involved shootings, but only to the extent that the Legislature appropriates funding for that purpose. The unit would consist of 3 teams located in 3 regions of the state. The bill would require the unit, upon request from a local law enforcement agency or the district attorney, to investigate and gather facts in incidents involving officer-involved shootings and to prepare and submit a written report, as specified. The bill would also require the Attorney General to post and maintain on the Department of Justice’s Internet Web site each written report prepared by the Statewide Officer-Involved Shooting Investigation Team unless information in the report is required by law to be kept confidential.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12525.4 is added to the Government Code, to read:

12525.4.
 (a) Pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2, the Department of Justice shall conduct a study of all or a sample of peace officer-involved shootings resulting in death or serious injury that occurred in California between January 1, 2015, and December 31, 2016. The department shall conduct a study of all or a sample of those incidences that includes, but is not limited to, all of the following:
(1) The nature and the circumstances of each incident and the characteristics of the individuals involved.
(2) The policies, procedures, and training of the agency that employed the peace officer.
(3) The oversight and investigation of peace officer-involved shootings and serious uses of force.
(b) By April 1, 2018, the department shall confer with stakeholders, as determined by the department, regarding officer-involved shootings and serious uses of force.
(c) By July 1, 2019, or within 18 months of the receipt of funding pursuant to subdivision (e), whichever is later, the department shall prepare a written report describing its findings and recommendations and make that report available to the public.
(d) The study conducted pursuant to this section does not constitute a civil or criminal investigation and does not take the place of all appropriate internal affairs investigations or criminal investigations.
(e) The department shall implement the requirements of this section only to the extent that the Legislature appropriates funding for that purpose.

SECTION 1.Section 12525.3 is added to the Government Code, to read:
12525.3.

(a)The Department of Justice shall create an independent review unit within the office to investigate officer-involved shootings in accordance with this section.

(b)The unit created pursuant to subdivision (a) shall be known as the Statewide Officer-Involved Shooting Investigation Team. The unit shall consist of three separate teams: one team located in northern California, one team in central California, and one team in southern California.

(c)The unit created pursuant to this section shall do all of the following:

(1)Upon request from a local law enforcement agency or the district attorney, investigate and gather facts in incidents involving officer-involved shootings.

(2)Upon conclusion of the independent review, submit the findings of the independent review and recommendations regarding whether to pursue criminal charges to the entity requesting the independent review.

(3)Prepare and submit a written report to the entity requesting the independent review, and to the district attorney and the law enforcement agency where the incident occurred, if one or both of those entities did not request the review. The written report shall include, at a minimum, the following information:

(A)A statement of the facts.

(B)A detailed analysis and conclusion for each investigatory issue.

(C)Recommendations to modify the policies and practices of the law enforcement agency that employed the peace officer who was subject to investigation pursuant to this section, if appropriate.

(d)The Attorney General shall post and maintain on the Department of Justice’s Internet Web site each written report prepared by the Statewide Officer-Involved Shooting Investigation Team pursuant to this section, unless information in the report is required by law to be kept confidential.

(e)The Department of Justice shall implement the requirements of this section only to the extent that the Legislature appropriates funding for that purpose.