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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: 01/06/2020 02:00 PM
AB855:v97#DOCUMENT

Amended  IN  Assembly  January 06, 2020
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 add and repeal Title 4.8 (commencing with Section 13660) of to Part 4 of the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 855, as amended, McCarty. 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 General, commencing on July 1, 2021, to create a program within the Department of Justice to, between July 1, 2021, and July 1, 2024, review to review the policies on the use of deadly force of any law enforcement agency, as specified, that requests a review, and to make recommendations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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, 2022, 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. California law enforcement agencies. Subject to available resources and the discretion of the Attorney General, this program shall review deadly force policies of law enforcement agencies that request 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. This title does not limit the Attorney General’s authority under the California Constitution or any applicable state law.

13662.

This title shall be repealed on January 1, 2025.