Today's Law As Amended

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AB-86 Peace officers: Department of Justice: independent investigation.(2015-2016)

As Amends the Law Today


 Section 11056 is added to the Penal Code, to read:

 (a) If a peace officer, in the performance of his or her duties, uses deadly physical force upon another person and that person dies as a result of the use of that deadly physical force, the Attorney General shall appoint a special prosecutor to direct the investigation concerning the use of deadly physical force by that peace officer.
(b) Pursuant to this investigation, the special prosecutor has the sole authority to determine whether criminal charges should be filed.
(c) If the special prosecutor files charges, the special prosecutor shall file those charges in the superior court of the county in which the death occurred.
(d) The special prosecutor is responsible for prosecuting any criminal charges that are filed in connection with this section.
(e) Any support the special prosecutor needs to pursue prosecution of the criminal charges filed under this section shall be provided by the Office of the Attorney General.