California 2021 2021-2022 Regular Session

California Assembly Bill AB1406 Chaptered / Bill

Filed 09/30/2022

                    Assembly Bill No. 1406 CHAPTER 945An 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 DIGESTAB 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 officers 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 TextThe 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 officers body as the officers 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.

 Assembly Bill No. 1406 CHAPTER 945An 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 DIGESTAB 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 officers 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 

 Assembly Bill No. 1406 CHAPTER 945

 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

## 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 officers 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.

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 officers 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

## 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 officers body as the officers 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.

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

## 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 officers body as the officers 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.

SECTION 1. Section 13660 is added to the Penal Code, to read:

### SECTION 1.

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 officers body as the officers 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.

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 officers body as the officers 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.

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 officers body as the officers 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.



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 officers body as the officers 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.

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.

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.

### SEC. 2.