California 2021-2022 Regular Session

California Assembly Bill AB1406 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	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.
	1	+	Enrolled August 25, 2022 Passed IN Senate August 23, 2022 Passed IN Assembly January 31, 2022 Amended IN Assembly January 27, 2022 Amended IN Assembly January 03, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1406Introduced by Assembly Member LackeyFebruary 19, 2021An act to add Section 13660 to the Penal Code, relating to law enforcement agency policies.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.
2	2
3		-	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
	3	+	Enrolled August 25, 2022 Passed IN Senate August 23, 2022 Passed IN Assembly January 31, 2022 Amended IN Assembly January 27, 2022 Amended IN Assembly January 03, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1406Introduced by Assembly Member LackeyFebruary 19, 2021An act to add Section 13660 to the Penal Code, relating to law enforcement agency policies.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
4	4
5		-	Assembly ~~Bill No.~~ ~~1406 CHAPTER 945~~
	5	+	Enrolled August 25, 2022 Passed IN Senate August 23, 2022 Passed IN Assembly January 31, 2022 Amended IN Assembly January 27, 2022 Amended IN Assembly January 03, 2022
6	6
7		-	Assembly Bill No. 1406
	7	+	Enrolled August 25, 2022
	8	+	Passed IN Senate August 23, 2022
	9	+	Passed IN Assembly January 31, 2022
	10	+	Amended IN Assembly January 27, 2022
	11	+	Amended IN Assembly January 03, 2022
8	12
9		-	CHAPTER 945
	13	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
	14	+
	15	+	Assembly Bill
	16	+
	17	+	No. 1406
	18	+
	19	+	Introduced by Assembly Member LackeyFebruary 19, 2021
	20	+
	21	+	Introduced by Assembly Member Lackey
	22	+	February 19, 2021
10	23
11	24		An act to add Section 13660 to the Penal Code, relating to law enforcement agency policies.
12		-
13		-	[ Approved by Governor September 30, 2022. Filed with Secretary of State September 30, 2022. ]
14	25
15	26		LEGISLATIVE COUNSEL'S DIGEST
16	27
17	28		## LEGISLATIVE COUNSEL'S DIGEST
18	29
19	30		AB 1406, Lackey. Law enforcement agency policies: carrying of equipment.
20	31
21	32		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.
22	33
23	34		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.
24	35
25	36		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.
26	37
27	38		By requiring local agencies to create, promulgate, and enforce new policies, this bill would impose a state-mandated local program.
28	39
29	40		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.
30	41
31	42		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.
32	43
33	44		## Digest Key
34	45
35	46		## Bill Text
36	47
37	48		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.
38	49
39	50		The people of the State of California do enact as follows:
40	51
41	52		## The people of the State of California do enact as follows:
42	53
43	54		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.
44	55
45	56		SECTION 1. Section 13660 is added to the Penal Code, to read:
46	57
47	58		### SECTION 1.
48	59
49	60		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.
50	61
51	62		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.
52	63
53	64		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.
54	65
55	66
56	67
57	68		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.
58	69
59	70		(b) As used in this section, the following terms have the following meanings:
60	71
61	72		(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.
62	73
63	74		(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.
64	75
65	76		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.
66	77
67	78		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.
68	79
69	80		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.
70	81
71	82		### SEC. 2.