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AB-807 Police use of force.(2023-2024)



Current Version: 02/13/23 - Introduced

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AB807:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 807

Introduced by Assembly Member McCarty

February 13, 2023

An act to amend Section 12525.3 of the Government Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 807, as introduced, McCarty. Police use of force.
Existing law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a police officer is involved in a shooting or use of force that results in death or serious bodily injury. Existing law requires the state prosecutor to investigate incidents involving a shooting by a peace officer resulting in the death of an unarmed civilian. Existing law authorizes the state prosecutor to criminally prosecute any officer that, pursuant to such an investigation, is found to have violated state law. Existing law provides that the Attorney General is the state prosecutor unless otherwise specified or named.
This bill would require the state prosecutor to investigate incidents in which the use of force by a peace officer results in the death of a civilian without regard to whether the civilian was unarmed.
Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires, commencing July 1, 2023, the Attorney General to operate a Police Practices Division within the Department of Justice to review, upon request by a local law enforcement agency, the use of deadly force policies of that law enforcement agency and make recommendations, as specified.
The bill would remove the requirement on the Attorney General to operate the Police Practices Division.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12525.3 of the Government Code is amended to read:
12525.3.

(a)For purposes of this subdivision, the following definitions apply:

(1)“Deadly weapon” includes, but it not limited to, any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.

(2)“Unarmed civilian” includes anyone who is not in possession of a deadly weapon.

(b)

12525.3.
 (a) (1) A state prosecutor shall investigate incidents of an officer-involved shooting resulting in which the use of force by a peace officer results in the death of an unarmed a civilian. The Attorney General is the state prosecutor unless otherwise specified or named.
(2) The state prosecutor is authorized to do all of the following:
(A) Investigate and gather facts in relating to an incident involving a shooting in which the use of force by a peace officer that results in the death of a civilian if the civilian was unarmed or if there is a reasonable dispute as to whether the civilian was armed. civilian.
(B) For all investigations conducted, prepare and submit a written report. 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.
(3) The state prosecutor shall post and maintain on a public internet website each written report prepared by the state prosecutor pursuant to this subdivision, appropriately redacting any information in the report that is required by law to be kept confidential.

(c)(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 paragraph (1) shall make specific and customized recommendations to any law enforcement agency that requests a review pursuant to paragraph (1), based on those policies identified as recommended best practices.

(d)

(b) This section does not limit the Attorney General’s authority under the California Constitution or any applicable state law.

(e)

(c) Subject to an appropriation for this purpose by the Legislature, the department shall implement this section.