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AB-855 Department of Justice: law enforcement policies on the use of deadly force.(2019-2020)

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Date Published: 03/19/2019 09:00 PM
AB855:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 855


Introduced by Assembly Member McCarty

February 20, 2019


An act to amend Section 8235 of the Education Code, add and repeal Title 4.8 (commencing with Section 13660) of Part 4 of the Penal Code, relating to preschool services. peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 855, as amended, McCarty. California state preschool programs: eligibility. Department of Justice: law enforcement policies on the use of deadly force.
Existing law defines which persons are peace officers and the authority of those persons. Existing law also defines those types of law enforcement agencies that may employ peace officers. Existing law creates the Commission on Peace Officer Standards and Training to set minimum standards for the recruitment and training of peace officers. Existing law also creates various programs within the Department of Justice for the support and coordination of local law enforcement agency efforts to prevent crime and apprehend criminals.
This bill would require the Attorney General to convene a task force, as specified, to study the use of deadly force by law enforcement officers and to develop recommendations, including a model written policy, for law enforcement agencies.
The bill would also require the Attorney General to create a program within the Department of Justice to, between July 1, 2021, and July 1, 2024, review the policies on the use of deadly force of any law enforcement agency, as specified, that requests a review, and to make recommendations.

Existing law requires the Superintendent of Public Instruction to administer all California state preschool programs, which include, but are not limited to, part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development.

This bill would make a nonsubstantive change to this law.

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

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


SECTION 1.

 Title 4.8 (commencing with Section 13660) is added to Part 4 of the Penal Code, to read:

TITLE 4.8. Law Enforcement Policies on the Use of Deadly Force

13660.
 (a) The Attorney General shall convene a task force within the Civil Rights Enforcement Section of the Department of Justice to study officer-involved shootings throughout the state and to develop policy recommendations and a model written policy or general order for the use of deadly force by law enforcement officers, with the goal of promulgating best practices and reducing the number of deadly force incidents that are unjustified, unnecessary, or preventable.
(b) The task force described in subdivision (a) shall, by no later than July 1, 2021, prepare a report detailing its findings and recommendations, including a model written policy or general order that may be adopted for use by law enforcement agencies.
(c) The report and model policy described in subdivision (b) shall be made available, upon request, to any law enforcement agency in the state. The department shall also post the report and policy on its internet website.

13661.
 (a) Commencing on July 1, 2021, the Attorney General shall operate a program within the Civil Rights Enforcement Section of the Department of Justice to review the use of deadly force policies of any law enforcement agency that requests a review.
(b) The program shall make specific and customized recommendations to any law enforcement agency that requests a review pursuant to this section, based on those policies identified as recommended best practices in the task force report developed pursuant to Section 13660.
(c) For purposes of this section, a law enforcement agency means a municipal police department, a county sheriff’s department, the Department of the California Highway Patrol, or the University of California or California State University police departments.
(d) The program described in this section shall be operative until July 1, 2024.

13662.
 This title shall be repealed on January 1, 2025.

SECTION 1.Section 8235 of the Education Code is amended to read:
8235.

(a)The Superintendent shall administer all California state preschool programs. Those programs shall include, but not be limited to, part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. Preschool programs for which federal reimbursement is not available shall be funded as prescribed by the Legislature in the Budget Act, and unless otherwise specified by the Legislature, shall not use federal funds made available through Title XX of the federal Social Security Act (42 U.S.C. Sec. 1397).

(b)Three- and four-year-old children are eligible for the part-day California state preschool program if the family meets at least one of the criteria specified in paragraph (1) of subdivision (a) of Section 8263.

(c)Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Sections 8263 and 8263.1, after all eligible three- and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.

(d)Notwithstanding any other law, after all otherwise eligible children have been enrolled, a part-day California state preschool program may provide services to three- and four-year-old children in families whose income is above the income eligibility threshold if those children have been identified as “children with exceptional needs” pursuant to subdivision (l) of Section 8208. Children receiving services pursuant to this subdivision shall not count towards the 10-percent limit of children from families above the income eligibility threshold as specified in subdivision (c).

(e)A part-day California state preschool program shall operate for a minimum of (1) three hours per day, excluding time for home-to-school transportation, and (2) a minimum of 175 days per year, unless the contract specifies a lower number of days of operation.

(f)An agency described in subdivision (c) of Section 8208 as an “applicant or contracting agency” is eligible to contract to operate a California state preschool program.

(g)Part-day preschool services shall be reimbursed on a per capita basis, as determined by the Superintendent, and contingent on funding being provided for the part-day preschool services in the annual Budget Act.

(h)Federal Head Start funds used to provide services to families receiving California state preschool services shall be deemed nonrestricted funds.

(i)School districts and charter schools that administer a California state preschool program may place four-year-old children in a transitional kindergarten program classroom in accordance with subdivisions (h) to (j), inclusive, of Section 48000.