AB1406:v95#DOCUMENTBill Start
Assembly Bill
No. 1406
CHAPTER 945
An act to add Section 13660 to the Penal Code, relating to law enforcement agency policies.
[
Approved by
Governor
September 30, 2022.
Filed with
Secretary of State
September 30, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1406, Lackey.
Law enforcement agency policies: carrying of equipment.
Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law places certain restrictions on the use of force by law enforcement agencies, including prohibiting the use of a choke hold or carotid restraint.
This bill would require a law enforcement agency that authorizes peace officers to carry an electroshock device, such as a taser or stun gun that is held and operated in a manner similar to a pistol, to require that device to be holstered or otherwise carried on the lateral side of the body opposite to the side that that officer’s primary firearm is holstered.
By requiring local agencies to create, promulgate, and enforce new 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.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13660 is added to the Penal Code, to read:13660.
(a) Any law enforcement agency that authorizes peace officers to carry an electroshock device shall prohibit that device from being holstered or otherwise carried on the same lateral side of the officer’s body as the officer’s primary firearm is holstered or otherwise carried.(b) As used in this section, the following terms have the following meanings:
(1) “Electroshock device” means a taser, stun gun, or similar weapon that is designed to temporarily incapacitate a person through the controlled delivery of an
electric shock, and is designed to be held in a manner similar to a pistol and operated using a finger trigger.
(2) “Law enforcement agency” means any agency or department 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.
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.