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AB-1506 Police use of force.(2019-2020)

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Date Published: 06/17/2020 09:00 PM
AB1506:v92#DOCUMENT

Amended  IN  Senate  June 17, 2020
Amended  IN  Assembly  January 15, 2020
Amended  IN  Assembly  January 06, 2020
Amended  IN  Assembly  May 17, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  April 01, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1506


Introduced by Assembly Member McCarty Members McCarty, Bauer-Kahan, Berman, Bloom, Bonta, Burke, Carrillo, Chiu, Chu, Eggman, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Jones-Sawyer, Kalra, Kamlager, Levine, Medina, Muratsuchi, Quirk, Reyes, Luz Rivas, Robert Rivas, Santiago, Mark Stone, Ting, Weber, and Wicks
(Principal coauthors: Senators Allen, Beall, Bradford, Durazo, Lena Gonzalez, Hueso, Mitchell, Pan, Stern, Wieckowski, and Wiener)

February 22, 2019


An act to amend Sections 42649.1, 42649.2, 42649.8, 42649.81, and 42649.82 of the Public Resources Code, relating to solid waste, and declaring the urgency thereof, to take effect immediately. add Section 12525.3 to the Government Code, relating to the Department of Justice.


LEGISLATIVE COUNSEL'S DIGEST


AB 1506, as amended, McCarty. Solid waste: commercial and organic waste: recycling bins. Police use of force.
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.
Existing law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a peace officer is involved in a shooting or use of force that results in death or serious bodily injury.
This bill would create a division within the Department of Justice to, upon the request of a law enforcement agency, review the use-of-force policy of the agency and make recommendations, as specified.
The bill would also create a division within the Department of Justice to, upon the request of a law enforcement agency, conduct an independent investigation of any officer-involved shooting or other use of force that resulted in the death of a civilian and would authorize the Department of Justice to criminally prosecute any officer that, pursuant to such an investigation, is found to have violated state law.
The bill would provide that, if no appropriation is made by the Legislature to fund these programs, the programs shall operate using existing Department of Justice funds.

Existing law requires a business that generates 4 cubic yards or more of commercial solid waste or organic waste per week to arrange for recycling services, as specified. Existing law requires a business subject to either of those requirements to provide, on or before July 1, 2020, customers with a recycling bin or container for that waste stream that complies with prescribed requirements. Existing law exempts full-service restaurants, as defined, from the requirement to provide customers with a recycling bin or container if the full-service restaurant, on or before July 1, 2020, provides its employees a recycling bin or container for that waste stream to collect material purchased on the premises and implements a program to collect that waste stream.

This bill would specify that, with respect to a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility that is subject to either of those requirements, the requirement to provide customers with a recycling bin or container only applies to permanent, nonmobile food service facilities with dedicated seating areas that are not full-service restaurants. The bill would authorize such a facility subject to the organic waste recycling services requirement to alternatively implement a process for recycling organic waste from customers that yields results comparable to or greater in volume and quality to results attained by providing an organic waste recycling bin or container. The bill would also make other revisions to these provisions, including revising the definition of “full-service restaurant,” as specified, deleting obsolete provisions, and making conforming changes.

This bill would declare that it is to take effect immediately as an urgency statute.

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

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


SECTION 1.

 Section 12525.3 is added to the Government Code, to read:

12525.3.
 (a) (1) There is hereby established within the Department of Justice, an independent division to investigate incidents of officer-involved use of force resulting in the death of a civilian.
(2) The division created pursuant to this subdivision shall be known as the Statewide Officer-Involved Deadly Force Investigation Division. The division shall consist of three separate teams: one located in northern California, one in central California, and one in southern California.
(3) The division created pursuant to this subdivision shall do all of the following:
(A) Upon request from a local law enforcement agency or the district attorney, investigate and gather facts in incidents involving the use of force by a peace officer that result in the death of a civilian.
(B) Prepare and submit a written report to the entity requesting the independent review and, as applicable, a copy to the district attorney or law enforcement agency involved. The written report shall include, at a minimum, the following information:
(i) A statement of the facts.
(ii) A detailed analysis and conclusion for each investigatory issue.
(iii) Recommendations to modify the policies and practices of the law enforcement agency, as applicable.
(C) If criminal charges against the involved officer are found to be warranted, initiate and prosecute a criminal action against the officer.
(4) The Attorney General shall post and maintain on the Department of Justice’s internet website each written report prepared by the division pursuant to this subdivision, appropriately redacting any information in the report that is required by law to be kept confidential.
(b) (1) Commencing on July 1, 2023, the Attorney General shall operate a Police Practices Division within the Department of Justice to, upon request of a local law enforcement agency, review the use of deadly force policies of that law enforcement agency.
(2) The program described in this subdivision 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.
(c) This section does not limit the Attorney General’s authority under the California Constitution or any applicable state law.
(d) If an appropriation is not made by the Legislature to fund this section, the Department of Justice shall implement the requirements of this section using existing department funding.