Today's Law As Amended


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AB-66 Police: use of force.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares the following:
(a) Beginning the week of May 25, 2020, there have been numerous reports of peaceful protestors, along with countless other bystanders and reporters, maimed by rubber bullets and other projectiles by law enforcement.
(b) Kinetic energy projectiles, such as rubber or plastic bullets, beanbag rounds, and foam rounds, and chemical agents, including pepper balls, pepper spray, and tear gas, have been increasingly used as crowd control weapons or less lethal weapons to respond to protests and are designed to incapacitate individuals by inflicting pain or sublethal injury.
(c) A 2017 British Medical Journal study found that 3 percent of people hit by rubber bullets died of their injuries and 15 percent were permanently injured.
(d) Researchers and medical professionals have called for an end to the use of rubber bullets on peaceful protestors because of their potential to cause serious injury, disability, or death.
(e) The 1925 Geneva Protocol categorized tear gas as a chemical warfare agent and banned its use in war. The Chemical Weapons Convention outlawed the use of tear gas in 1997, but still made it legal for law enforcement to use.
(f) Health experts have warned that the use of tear gas could help with the spread of COVID-19 because it irritates the lungs and makes persons cough.
(g) While most police departments have their own policies on their use of force and less lethal weapons, there are no statewide or national standards.
(h) It is the intent of this act to establish clear minimum standards for policies and reporting procedures regarding California law enforcement agencies’ use of less lethal kinetic energy projectiles and chemical agents.

SEC. 2.

 Section 7286 of the Government Code is amended to read:

7286.
 (a) For the purposes of this section:
(1) “Deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury. Deadly force includes, but is not limited to, the discharge of a firearm.
(2) “Excessive force” means a level of force that is found to have violated Section 835a of the Penal Code, the requirements on the use of force required by this section, or any other law or statute.
(3) (2)  “Feasible” means reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person.
(4) “Intercede” includes, but is not limited to, physically stopping the excessive use of force, recording the excessive force, if equipped with a body-worn camera, and documenting efforts to intervene, efforts to deescalate the offending officer’s excessive use of force, and confronting the offending officer about the excessive force during the use of force and, if the officer continues, reporting to dispatch or the watch commander on duty and stating the offending officer’s name, unit, location, time, and situation, in order to establish a duty for that officer to intervene.
(5) (3)  “Law enforcement agency” means any police department, sheriff’s department, district attorney, county probation department, transit agency police department, school district police department, the police department of any campus of the University of California, the California State University, or community college, the Department of the California Highway Patrol, the Department of Fish and Wildlife, and the Department of Justice.
(6) “Retaliation” means demotion, failure to promote to a higher position when warranted by merit, denial of access to training and professional development opportunities, denial of access to resources necessary for an officer to properly perform their duties, or intimidation, harassment, or the threat of injury while on duty or off duty.
(b) Each law enforcement agency shall, by no later than January 1, 2021, maintain a policy that provides a minimum standard on the use of force. Each agency’s policy shall include all of the following:
(1) A requirement that officers utilize deescalation techniques, crisis intervention tactics, and other alternatives to force when feasible.
(2) A requirement that an officer may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance.
(3) A requirement that officers immediately  report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer.
(4) A prohibition on retaliation against an officer who reports a suspected violation of a law or regulation by another officer to a supervisor or other person at the law enforcement agency who has the authority to investigate the violation.
(5) (4)  Clear and specific guidelines regarding situations in which officers may or may not draw a firearm or point a firearm at a person.
(6) (5)  A requirement that officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm.
(7) (6)  Procedures for disclosing public records in accordance with Section 832.7.
(8) (7)  Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents.
(9) (8)  A requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject.
(10) (9)  Comprehensive and specific guidelines regarding approved methods and devices available for the application of force.
(11) (10)  An explicitly stated requirement that officers carry out duties, including use of force, in a manner that is fair and unbiased.
(12) (11)  Comprehensive and specific guidelines for the application of deadly force.
(13) (12)  Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident, including reporting use of force incidents to the Department of Justice in compliance with Section 12525.2.
(14) (13)  The role of supervisors in the review of use of force applications.
(15) (14)  A requirement that officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for persons injured in a use of force incident, when reasonable and safe to do so.
(16) (15)  Training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency’s use of force policy by officers, investigators, and supervisors.
(17) (16)  Training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.
(18) Procedures to prohibit an officer from training other officers for a period of at least three years from the date that an abuse of force complaint against the officer is substantiated.
(19) A requirement that an officer that has received all required training on the requirement to intercede and fails to act pursuant to paragraph (9) be disciplined up to and including in the same manner as the officer that committed the excessive force.
(20) (17)  Comprehensive and specific guidelines under which the discharge of a firearm at or from a moving vehicle may or may not be permitted.
(21) (18)  Factors for evaluating and reviewing all use of force incidents.
(22) (19)  Minimum training and course titles required to meet the objectives in the use of force policy.
(23) (20)  A requirement for the regular review and updating of the policy to reflect developing practices and procedures.
(c) Each law enforcement agency shall, by no later than January 1, 2022, include guidelines on deployments to protests, demonstrations, assemblies, and similar gatherings of people, in the policy required by subdivision (b). These guidelines shall, without limitation, include both of the following:
(1) A protocol for the effective deployment, rotation, and removal of officers assigned to a skirmish line to minimize the potential of officers becoming stressed, fatigued, frustrated, or visibly agitated.
(2) A policy that encourages officers to speak to individuals with respect and discourages the use of harsh or offensive language.
(c) (d)  Each law enforcement agency shall make their use of force policy adopted pursuant to this section accessible to the public.
(d) (e)  This section does not supersede the collective bargaining procedures established pursuant to the Myers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4), the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4), or the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4).

SEC. 3.

 Section 12525.2 of the Government Code is amended to read:

12525.2.
 (a) Each  Beginning January 1, 2017, each  law enforcement agency shall monthly 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 the following:
(1) An incident involving the shooting of a civilian by a peace officer.
(2) An incident involving the shooting of a peace officer by a civilian.
(3) An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4) An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(5) Commencing on January 1, 2023, an incident in which a peace officer uses a kinetic energy projectile or chemical agent, as those terms are defined in Section 832.14 of the Penal Code, resulting in a reported injury to any person. Each law enforcement agency shall also annually, commencing on March 31, 2024, publish a summary of incidents described in this paragraph.
(b) For each incident reported under paragraphs (1) to (4), inclusive, of  subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1) The gender, race, and age of each individual who was shot, injured, or killed.
(2) Whether the officer perceived the civilian had a developmental, physical, or mental disability.
(3) (2)  The date, time, and location of the incident.
(4) (3)  Whether the civilian was armed, and, if so, the type of weapon.
(5) (4)  The type of force used against the officer, the civilian, or both, including the types of weapons used.
(6) (5)  The number of officers involved in the incident.
(7) (6)  The number of civilians involved in the incident.
(8) (7)  The reason for contact. A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders. 
(9) The reason for using force.
(10) The injuries sustained.
(11) If any medical aid was rendered.
(12) (c)  If the officer observed signs of any  For incidents reported under paragraph (5) of subdivision (a), the information reported to the Department of Justice shall include all  of the following:
(A) (1)  Mental, physical, or developmental disability. The type of kinetic energy projectile or chemical agent deployed. 
(B) (2)  Drug or alcohol impairment. The number of rounds fired or quantity of a chemical agent dispersed, as applicable. 
(C) (3)  Erratic behavior. The justification for using a kinetic energy projectile or chemical agent. 
(4) Whether any person was injured as a result of the kinetic energy projectile or chemical agent deployment.
(c) (d)  Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the department’s OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d) For the purposes of this section, the following terms are defined as follows:
(1) “Developmental disability” has the same meaning as in Section 4512 of the Welfare and Institutions Code.
(2) “Mental disability” has the same meaning as “serious mental disorder” in Section 5600.3 of the Welfare and Institutions Code.
(3) “Physical disability” has the same meaning as in Section 12926 of the Government Code.
(4) (e)  “Serious  For purposes of this section, “serious  bodily injury” means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

SEC. 4.

 Section 832.14 is added to the Penal Code, to read:

832.14.
 (a) It is the intent of the Legislature that peace officers be accountable at all times to uphold their oaths, and are held to the highest standards of conduct, pursuant to Section 3 of Article XX of the California Constitution and existing law, to support and defend the Constitution of the United States of America and the Constitution of the State of California, including the rights of the people to safely and freely speak and assemble.
(b) Except as otherwise provided in subdivision (d), kinetic energy projectiles or chemical agents shall not be used by any law enforcement agency to disperse any assembly, protest, demonstration, or other gathering of people.
(c) Chloroacetophenone tear gas, commonly known as CN tear gas, or 2-chlorobenzalmalononitrile gas, commonly known as CS gas, shall not be used by any law enforcement
agency to disperse any assembly, protest, demonstration, or other gathering of people.
(d) Kinetic energy projectiles or chemical agents shall only be deployed to disperse an assembly, protest, demonstration, or other gathering of people in accordance with all of the following requirements:
(1) The use is objectively reasonable to defend against injury to any individual, including any peace officer.
(2) Deescalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.
(3) If objectively reasonable to do so, repeated audible announcements are made announcing the intent to use kinetic energy projectiles or chemical agents.
(4) Persons are given an objectively reasonable opportunity to disperse and leave the scene.
(5) An objectively reasonable effort has been made to identify persons engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of persons.
(6) The increased risk of hitting an unintended target due to unexpected movement of members of the crowd is considered.
(7) An objectively reasonable effort has been made to extract individuals in distress.
(8) Kinetic energy projectiles or chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable.
(9) Medical assistance is promptly procured or provided for injured persons.
(10) Peace officers who deploy these weapons have received training on their proper use that is approved by the Commission on Peace Officer Standards and Training.
(11) Projectiles are aimed at or below a person’s navel area and shall not be aimed at the head or neck, or at any person who is running away.
(e) Kinetic energy projectiles or chemical agents shall not be used by any law enforcement agency solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive.
(f) If a federal law enforcement agency is operating in the jurisdiction of any city, that city shall request that federal law enforcement agency refrain from the use of kinetic energy projectiles or chemical agents to disperse any assembly, protest, demonstration, or other gathering of people, unless that use is consistent with subdivision (d).
(g) Nothing in this section prevents a law enforcement agency from adopting more stringent policies.
(h) This section does not apply within any correctional facility of the Department of Corrections and Rehabilitation.
(i) For the purposes of this section, the following terms have the following meanings:
(1) “Kinetic energy projectiles” means any type of device designed as less lethal, to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. For purposes of this section, the term includes, but is not limited to, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds, and foam tipped plastic rounds.
(2) “Chemical agents” means any chemical which can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, items commonly referred to as pepper balls, pepper spray or oleoresin capsicum.
SEC. 5.
 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.