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AB-1196 Peace officers: use of force.(2019-2020)

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Date Published: 07/09/2020 09:00 PM
AB1196:v95#DOCUMENT

Amended  IN  Senate  July 09, 2020
Amended  IN  Senate  June 18, 2020
Amended  IN  Assembly  April 29, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1196


Introduced by Assembly Members Gipson, Carrillo, Chiu, Grayson, Santiago, and Weber
(Principal coauthor: Assembly Member Rendon)
(Principal coauthors: Senators Durazo and Wiener)
(Coauthors: Assembly Members Bloom, Bonta, Burke, Cervantes, Eggman, Gabriel, Eduardo Garcia, Gloria, Gonzalez, Holden, Jones-Sawyer, Kalra, Levine, Low, McCarty, Nazarian, Reyes, Robert Rivas, Salas, Ting, and Waldron)
(Coauthors: Senators Allen, Caballero, Chang, Dodd, Lena Gonzalez, Mitchell, Stern, and Umberg)

February 21, 2019


An act to add Section 7286.5 to the Government Code, relating to peace officers, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1196, as amended, Gipson. Peace officers: use of force.
Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance.
Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force.
This bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. defined, and techniques or transport methods that involve a substantial risk of positional asphyxia, as defined.
By requiring local agencies to amend use of force policies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 7286.5 is added to the Government Code, to read:

7286.5.
 (a) A law enforcement agency shall not authorize the use of a carotid restraint or choke hold by any peace officer employed by that agency.
(b) A law enforcement agency shall not authorize techniques or transport methods that involve a substantial risk of positional asphyxia.

(b)

(c) As used in this section, the following terms are defined as follows:
(1) “Carotid restraint” means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck for the purpose that involves a substantial risk of restricting blood flow to and may render the person unconscious or otherwise in order to subdue or control the person.
(2) “Choke hold” means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe.
(3) “Law enforcement agency” means any agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(4) “Positional asphyxia” means situating a person in a manner that compresses an individual’s airway and reduces the likelihood that an individual will be able to breathe. This includes but is not limited to techniques or positioning that restrain a subject’s hands and legs together, leave a subject in control restraints lying on their back or stomach, put weight on the subject’s back or neck for a prolonged period, or keep a subject waiting for transportation in a restrained position, as described in this paragraph, without proper monitoring for signs of asphyxia.

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.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to promote public safety by ensuring the abolition of law enforcement tactics that may result in unintentional deaths, it is necessary that this act take effect immediately.