California 2019-2020 Regular Session

California Assembly Bill AB855 Latest Draft

Bill / Amended Version Filed 01/06/2020

                            Amended IN  Assembly  January 06, 2020 Amended IN  Assembly  March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 855Introduced by Assembly Member McCartyFebruary 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 DIGESTAB 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe 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 Force13660. (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 sheriffs 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 Generals authority under the California Constitution or any applicable state law.13662.This title shall be repealed on January 1, 2025.

 Amended IN  Assembly  January 06, 2020 Amended IN  Assembly  March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 855Introduced by Assembly Member McCartyFebruary 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 DIGESTAB 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  January 06, 2020 Amended IN  Assembly  March 19, 2019

Amended IN  Assembly  January 06, 2020
Amended IN  Assembly  March 19, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 855

Introduced by Assembly Member McCartyFebruary 20, 2019

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

## 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.

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.

## Digest Key

## Bill Text

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 Force13660. (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 sheriffs 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 Generals authority under the California Constitution or any applicable state law.13662.This title shall be repealed on January 1, 2025.

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

## 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 Force13660. (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 sheriffs 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 Generals authority under the California Constitution or any applicable state law.13662.This title shall be repealed on January 1, 2025.

SECTION 1. Title 4.8 (commencing with Section 13660) is added to Part 4 of the Penal Code, to read:

### SECTION 1.

TITLE 4.8. Law Enforcement Policies on the Use of Deadly Force13660. (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 sheriffs 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 Generals authority under the California Constitution or any applicable state law.13662.This title shall be repealed on January 1, 2025.

TITLE 4.8. Law Enforcement Policies on the Use of Deadly Force13660. (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 sheriffs 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 Generals authority under the California Constitution or any applicable state law.13662.This title shall be repealed on January 1, 2025.

TITLE 4.8. Law Enforcement Policies on the Use of Deadly Force

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.



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 sheriffs 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 Generals authority under the California Constitution or any applicable state law.



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 sheriffs 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 Generals authority under the California Constitution or any applicable state law.



This title shall be repealed on January 1, 2025.