California 2021-2022 Regular Session

California Assembly Bill AB594 Compare Versions

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1-Amended IN Assembly March 16, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 594Introduced by Assembly Member McCartyFebruary 11, 2021 An act to amend the heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of, and to add Section 7287 to, the Government Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGESTAB 594, as amended, McCarty. Law enforcement policies.Under existing law, a peace officer is justified in using deadly force when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or to apprehend a fleeing felon, as specified.Existing law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency.Existing law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified.This bill would, for specified deadly use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from having primary responsibility for conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorneys office, another law enforcement agency, or a multidisciplinary and multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation. The bill would also require each agency to adopt a written policy, or amend their existing written policy on the criminal investigation of officer-involved deadly use of force incidents, to be compliant with the requirements of this bill, and to make that policy available to the public, as specified.By placing new requirements on local law enforcement agencies, this bill would impose a state mandate.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. The heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of the Government Code is amended to read: CHAPTER 17.4. Law Enforcement Use of Force Policies and InvestigationsSEC. 2. Section 7287 is added to the Government Code, to read:7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, 12525.3, a law enforcement agency shall cause a criminal investigation of all deadly use of force incidents to be conducted by either of the following means:(1) By an outside agency agency, including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such deadly use of force investigations, or which that has primary jurisdiction to investigate the incident.(2) By a multidisciplinary and multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents. with which the employing agency has a memorandum of understanding or similar agreement to conduct deadly use of force investigations.(b) Under no circumstances shall the employing agency conduct have primary responsibility in conducting the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any deadly use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved deadly use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law was committed by a peace officer involved in a shooting was committed. deadly use of force incident.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use Deadly use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury. death.SEC. 3. 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+CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 594Introduced by Assembly Member McCartyFebruary 11, 2021 An act to amend the heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of, and to add Section 7287 to, the Government Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGESTAB 594, as introduced, McCarty. Law enforcement policies.Under existing law, a peace officer is justified in using deadly force when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or to apprehend a fleeing felon, as specified.Existing law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency.Existing law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified.This bill would, for specified use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorneys office, another law enforcement agency, or a multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation. The bill would also require each agency to adopt a written policy, or amend their existing written policy on the criminal investigation of officer-involved use of force incidents, to be compliant with the requirements of this bill, and to make that policy available to the public, as specified.By placing new requirements on local law enforcement agencies, this bill would impose a state mandate.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. The heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of the Government Code is amended to read: CHAPTER 17.4. Law Enforcement Use of Force Policies and InvestigationsSEC. 2. Section 7287 is added to the Government Code, to read:7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, a law enforcement agency shall cause a criminal investigation of all use of force incidents to be conducted by either of the following means:(1) By an outside agency including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such investigations, or which has primary jurisdiction to investigate the incident.(2) By a multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents.(b) Under no circumstances shall the employing agency conduct the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law by a peace officer involved in a shooting was committed.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury.SEC. 3. 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.
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3- Amended IN Assembly March 16, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 594Introduced by Assembly Member McCartyFebruary 11, 2021 An act to amend the heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of, and to add Section 7287 to, the Government Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGESTAB 594, as amended, McCarty. Law enforcement policies.Under existing law, a peace officer is justified in using deadly force when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or to apprehend a fleeing felon, as specified.Existing law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency.Existing law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified.This bill would, for specified deadly use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from having primary responsibility for conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorneys office, another law enforcement agency, or a multidisciplinary and multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation. The bill would also require each agency to adopt a written policy, or amend their existing written policy on the criminal investigation of officer-involved deadly use of force incidents, to be compliant with the requirements of this bill, and to make that policy available to the public, as specified.By placing new requirements on local law enforcement agencies, this bill would impose a state mandate.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+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 594Introduced by Assembly Member McCartyFebruary 11, 2021 An act to amend the heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of, and to add Section 7287 to, the Government Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGESTAB 594, as introduced, McCarty. Law enforcement policies.Under existing law, a peace officer is justified in using deadly force when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or to apprehend a fleeing felon, as specified.Existing law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency.Existing law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified.This bill would, for specified use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorneys office, another law enforcement agency, or a multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation. The bill would also require each agency to adopt a written policy, or amend their existing written policy on the criminal investigation of officer-involved use of force incidents, to be compliant with the requirements of this bill, and to make that policy available to the public, as specified.By placing new requirements on local law enforcement agencies, this bill would impose a state mandate.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
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99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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1313 No. 594
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1515 Introduced by Assembly Member McCartyFebruary 11, 2021
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1717 Introduced by Assembly Member McCarty
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2020 An act to amend the heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of, and to add Section 7287 to, the Government Code, relating to law enforcement.
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 594, as amended, McCarty. Law enforcement policies.
26+AB 594, as introduced, McCarty. Law enforcement policies.
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28-Under existing law, a peace officer is justified in using deadly force when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or to apprehend a fleeing felon, as specified.Existing law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency.Existing law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified.This bill would, for specified deadly use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from having primary responsibility for conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorneys office, another law enforcement agency, or a multidisciplinary and multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation. The bill would also require each agency to adopt a written policy, or amend their existing written policy on the criminal investigation of officer-involved deadly use of force incidents, to be compliant with the requirements of this bill, and to make that policy available to the public, as specified.By placing new requirements on local law enforcement agencies, this bill would impose a state mandate.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.
28+Under existing law, a peace officer is justified in using deadly force when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or to apprehend a fleeing felon, as specified.Existing law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency.Existing law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified.This bill would, for specified use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorneys office, another law enforcement agency, or a multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation. The bill would also require each agency to adopt a written policy, or amend their existing written policy on the criminal investigation of officer-involved use of force incidents, to be compliant with the requirements of this bill, and to make that policy available to the public, as specified.By placing new requirements on local law enforcement agencies, this bill would impose a state mandate.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.
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3030 Under existing law, a peace officer is justified in using deadly force when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or to apprehend a fleeing felon, as specified.
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3232 Existing law requires each law enforcement agency to maintain a policy that provides guidelines on the use of force, and to annually furnish specified information to the Department of Justice regarding the use of force by peace officers employed by that agency.
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3434 Existing law requires the Attorney General to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as specified.
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36-This bill would, for specified deadly use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from having primary responsibility for conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorneys office, another law enforcement agency, or a multidisciplinary and multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation. The bill would also require each agency to adopt a written policy, or amend their existing written policy on the criminal investigation of officer-involved deadly use of force incidents, to be compliant with the requirements of this bill, and to make that policy available to the public, as specified.
36+This bill would, for specified use of force incidents other than those required to be investigated by the Attorney General, require an agency to cause a criminal investigation of these incidents to be conducted, and would prohibit a law enforcement agency from conducting the criminal investigation into those incidents involving an officer employed by that agency. This bill would instead provide alternative protocols for investigations of those incidents, including investigation by the district attorneys office, another law enforcement agency, or a multiagency task force. The bill would specify that these requirements apply only to a criminal investigation and not to any administrative or disciplinary investigation. The bill would also require each agency to adopt a written policy, or amend their existing written policy on the criminal investigation of officer-involved use of force incidents, to be compliant with the requirements of this bill, and to make that policy available to the public, as specified.
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3838 By placing new requirements on local law enforcement agencies, this bill would impose a state mandate.
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4040 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.
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4242 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.
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4444 ## Digest Key
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48-The people of the State of California do enact as follows:SECTION 1. The heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of the Government Code is amended to read: CHAPTER 17.4. Law Enforcement Use of Force Policies and InvestigationsSEC. 2. Section 7287 is added to the Government Code, to read:7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, 12525.3, a law enforcement agency shall cause a criminal investigation of all deadly use of force incidents to be conducted by either of the following means:(1) By an outside agency agency, including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such deadly use of force investigations, or which that has primary jurisdiction to investigate the incident.(2) By a multidisciplinary and multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents. with which the employing agency has a memorandum of understanding or similar agreement to conduct deadly use of force investigations.(b) Under no circumstances shall the employing agency conduct have primary responsibility in conducting the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any deadly use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved deadly use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law was committed by a peace officer involved in a shooting was committed. deadly use of force incident.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use Deadly use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury. death.SEC. 3. 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.
48+The people of the State of California do enact as follows:SECTION 1. The heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of the Government Code is amended to read: CHAPTER 17.4. Law Enforcement Use of Force Policies and InvestigationsSEC. 2. Section 7287 is added to the Government Code, to read:7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, a law enforcement agency shall cause a criminal investigation of all use of force incidents to be conducted by either of the following means:(1) By an outside agency including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such investigations, or which has primary jurisdiction to investigate the incident.(2) By a multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents.(b) Under no circumstances shall the employing agency conduct the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law by a peace officer involved in a shooting was committed.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury.SEC. 3. 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.
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5050 The people of the State of California do enact as follows:
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5252 ## The people of the State of California do enact as follows:
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5454 SECTION 1. The heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of the Government Code is amended to read: CHAPTER 17.4. Law Enforcement Use of Force Policies and Investigations
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5656 SECTION 1. The heading of Chapter 17.4 (commencing with Section 7286) of Division 7 of Title 1 of the Government Code is amended to read:
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5858 ### SECTION 1.
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6060 CHAPTER 17.4. Law Enforcement Use of Force Policies and Investigations
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6262 CHAPTER 17.4. Law Enforcement Use of Force Policies and Investigations
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6464 CHAPTER 17.4. Law Enforcement Use of Force Policies and Investigations
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6666 CHAPTER 17.4. Law Enforcement Use of Force Policies and Investigations
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68-SEC. 2. Section 7287 is added to the Government Code, to read:7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, 12525.3, a law enforcement agency shall cause a criminal investigation of all deadly use of force incidents to be conducted by either of the following means:(1) By an outside agency agency, including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such deadly use of force investigations, or which that has primary jurisdiction to investigate the incident.(2) By a multidisciplinary and multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents. with which the employing agency has a memorandum of understanding or similar agreement to conduct deadly use of force investigations.(b) Under no circumstances shall the employing agency conduct have primary responsibility in conducting the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any deadly use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved deadly use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law was committed by a peace officer involved in a shooting was committed. deadly use of force incident.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use Deadly use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury. death.
68+SEC. 2. Section 7287 is added to the Government Code, to read:7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, a law enforcement agency shall cause a criminal investigation of all use of force incidents to be conducted by either of the following means:(1) By an outside agency including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such investigations, or which has primary jurisdiction to investigate the incident.(2) By a multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents.(b) Under no circumstances shall the employing agency conduct the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law by a peace officer involved in a shooting was committed.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury.
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7070 SEC. 2. Section 7287 is added to the Government Code, to read:
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7272 ### SEC. 2.
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74-7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, 12525.3, a law enforcement agency shall cause a criminal investigation of all deadly use of force incidents to be conducted by either of the following means:(1) By an outside agency agency, including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such deadly use of force investigations, or which that has primary jurisdiction to investigate the incident.(2) By a multidisciplinary and multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents. with which the employing agency has a memorandum of understanding or similar agreement to conduct deadly use of force investigations.(b) Under no circumstances shall the employing agency conduct have primary responsibility in conducting the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any deadly use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved deadly use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law was committed by a peace officer involved in a shooting was committed. deadly use of force incident.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use Deadly use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury. death.
74+7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, a law enforcement agency shall cause a criminal investigation of all use of force incidents to be conducted by either of the following means:(1) By an outside agency including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such investigations, or which has primary jurisdiction to investigate the incident.(2) By a multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents.(b) Under no circumstances shall the employing agency conduct the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law by a peace officer involved in a shooting was committed.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury.
7575
76-7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, 12525.3, a law enforcement agency shall cause a criminal investigation of all deadly use of force incidents to be conducted by either of the following means:(1) By an outside agency agency, including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such deadly use of force investigations, or which that has primary jurisdiction to investigate the incident.(2) By a multidisciplinary and multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents. with which the employing agency has a memorandum of understanding or similar agreement to conduct deadly use of force investigations.(b) Under no circumstances shall the employing agency conduct have primary responsibility in conducting the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any deadly use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved deadly use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law was committed by a peace officer involved in a shooting was committed. deadly use of force incident.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use Deadly use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury. death.
76+7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, a law enforcement agency shall cause a criminal investigation of all use of force incidents to be conducted by either of the following means:(1) By an outside agency including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such investigations, or which has primary jurisdiction to investigate the incident.(2) By a multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents.(b) Under no circumstances shall the employing agency conduct the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law by a peace officer involved in a shooting was committed.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury.
7777
78-7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, 12525.3, a law enforcement agency shall cause a criminal investigation of all deadly use of force incidents to be conducted by either of the following means:(1) By an outside agency agency, including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such deadly use of force investigations, or which that has primary jurisdiction to investigate the incident.(2) By a multidisciplinary and multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents. with which the employing agency has a memorandum of understanding or similar agreement to conduct deadly use of force investigations.(b) Under no circumstances shall the employing agency conduct have primary responsibility in conducting the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any deadly use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved deadly use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law was committed by a peace officer involved in a shooting was committed. deadly use of force incident.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use Deadly use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury. death.
78+7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, a law enforcement agency shall cause a criminal investigation of all use of force incidents to be conducted by either of the following means:(1) By an outside agency including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such investigations, or which has primary jurisdiction to investigate the incident.(2) By a multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents.(b) Under no circumstances shall the employing agency conduct the criminal investigation described in subdivision (a).(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any use of force incident separately from the criminal investigation.(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.(e) As used in this section, the following terms have the following meanings:(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law by a peace officer involved in a shooting was committed.(2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.(3) Use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury.
7979
8080
8181
82-7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, 12525.3, a law enforcement agency shall cause a criminal investigation of all deadly use of force incidents to be conducted by either of the following means:
82+7287. (a) Except for those incidents required to be investigated by a state prosecutor pursuant to Section 15252.3, a law enforcement agency shall cause a criminal investigation of all use of force incidents to be conducted by either of the following means:
8383
84-(1) By an outside agency agency, including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such deadly use of force investigations, or which that has primary jurisdiction to investigate the incident.
84+(1) By an outside agency including a police department, sheriffs department, or district attorneys office, with which the employing agency has a memorandum of understanding or similar agreement to conduct such investigations, or which has primary jurisdiction to investigate the incident.
8585
86-(2) By a multidisciplinary and multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents. with which the employing agency has a memorandum of understanding or similar agreement to conduct deadly use of force investigations.
86+(2) By a multiagency task force composed of representatives from various law enforcement agencies within the county or region for the purpose of investigating use of force incidents.
8787
88-(b) Under no circumstances shall the employing agency conduct have primary responsibility in conducting the criminal investigation described in subdivision (a).
88+(b) Under no circumstances shall the employing agency conduct the criminal investigation described in subdivision (a).
8989
90-(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any deadly use of force incident separately from the criminal investigation.
90+(c) This section does not limit the authority of an agency to conduct an administrative or disciplinary investigation of any use of force incident separately from the criminal investigation.
9191
92-(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved deadly use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.
92+(d) Each law enforcement agency shall, by no later than January 1, 2023, adopt a written policy or amend its existing written policy regarding the criminal investigation of officer-involved use of force incidents, to be compliant with this section and shall make that policy available to the public on its internet website.
9393
9494 (e) As used in this section, the following terms have the following meanings:
9595
96-(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law was committed by a peace officer involved in a shooting was committed. deadly use of force incident.
96+(1) Criminal investigation means an investigation that is conducted to determine if a violation of state law by a peace officer involved in a shooting was committed.
9797
9898 (2) Law enforcement agency means any police department, sheriffs department, or agency of the state or any political subdivision thereof that employs peace officers.
9999
100-(3) Use Deadly use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury. death.
100+(3) Use of force incident means any use of force by an officer that results in death, any use of an electronic control device or chemical agent by an officer that results in great bodily injury, or any discharge of a firearm by an officer that results in any injury.
101101
102102 SEC. 3. 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.
103103
104104 SEC. 3. 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.
105105
106106 SEC. 3. 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.
107107
108108 ### SEC. 3.