| 1 | | - | Amended IN Assembly April 19, 2023 Amended IN Assembly April 12, 2023 Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 79Introduced by Assembly Member WeberDecember 15, 2022An act to add Section 18722 to the Penal Code, relating to crimes. weapons.LEGISLATIVE COUNSEL'S DIGESTAB 79, as amended, Weber. Crimes: Remotely operated vehicles. Weapons: robotic devices and unmanned aircrafts.Existing law makes it a crime to possess a destructive device. Existing law makes it a felony to possess material with the intent to make a destructive device or explosive without obtaining a permit to do so.The bill would make it a misdemeanor for a person to manufacture or modify an unmanned vehicle, as defined, to be capable of inflicting deadly force upon a person. By creating a new crime, this bill would impose a state-mandated local program.This bill would prohibit a person from knowingly manufacturing, modifying, selling, transferring, or operating a robotic device or unmanned aircraft that is equipped or mounted with a weapon, as specified. The bill would make a violation punishable by a fine of at least $1,000 but not more than $5,000. The bill would authorize the Attorney General to bring an action to remedy a violation. The bill would exclude certain entities from these provisions including, among other entities, a defense industrial company that obtains a permit from the Department of Justice, as specified. By creating a new infraction, the 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 no reimbursement is required by this act for a specified reason.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 18722 is added to the Penal Code, to read:18722.(a)For the purposes of this section, the following terms have the following meanings:(1)Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.(2)Unmanned ground vehicle means a vehicle that operates while in contact with the ground that is operated without the possibility of direct human intervention from within or on the vehicle.(b)A person who manufactures or modifies an unmanned aircraft or an unmanned ground vehicle to be capable of inflicting deadly force upon a person is guilty of a misdemeanor.SECTION 1. Section 18722 is added to the Penal Code, to read:18722. (a) For the purposes of this section, the following terms have the following meanings:(1) Robotic device means a mechanical device capable of locomotion, navigation, or movement on the ground that operates at a distance from its operator or supervisor based on commands or in response to sensor data, or a combination thereof.(2) Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.(3) Weapon means a device designed to cause or capable of causing death, incapacitation, or physical injury to a person, including, but not limited to, stun guns, firearms, and explosive devices.(b) It is unlawful for a person to knowingly manufacture, modify, sell, transfer, or operate a robotic device or unmanned aircraft that is equipped or mounted with a weapon.(c) A violation of this section is punishable by a fine of at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000). This fine shall be imposed in addition to any other penalty imposed pursuant to law.(d) The Attorney General may bring an action to remedy a violation of this section.(e) This section shall not apply to any of the following:(1) A defense industrial company under contract with the United States Department of Defense with respect to a robotic device or unmanned aircraft being developed or produced pursuant to that contract.(2) A defense industrial company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for a robotic device or unmanned aircraft.(3) A robotics company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for the purpose of testing antiweaponization technologies using a robotic device or unmanned aircraft.(4) A law enforcement agency that has approval from their governing elected body.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 1 | + | Amended IN Assembly April 12, 2023 Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 79Introduced by Assembly Member WeberDecember 15, 2022An act to amend Section 835a of add Section 18722 to the Penal Code, relating to law enforcement agency policies. crimes.LEGISLATIVE COUNSEL'S DIGESTAB 79, as amended, Weber. Law enforcement agency policies: remotely operated force options. Crimes: Remotely operated vehicles.Existing law makes it a crime to possess a destructive device. Existing law makes it a felony to possess material with the intent to make a destructive device or explosive without obtaining a permit to do so.The bill would make it a misdemeanor for a person to manufacture or modify an unmanned vehicle, as defined, to be capable of inflicting deadly force upon a person. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.Existing law prescribes the circumstances under which a peace officer may use deadly force. Existing law requires each law enforcement agency to maintain a written policy regarding the use of force and to report use-of-force incidents to the Department of Justice as specified. Existing law prohibits law enforcement agencies from authorizing the use of certain types of force by its officers.This bill would prohibit a peace officer from using deadly force against a person or intend to injure, intimidate, or disorient a person by utilizing an unmanned, remotely piloted, powered ground or flying equipment unless specified criteria are met, including that the law enforcement agency has obtained prior approval from the relevant governing body to use that equipment, the officer cannot subdue the threat after using alternative force options and deescalation tactics, and the law enforcement employee has completed training on the use of the equipment.The bill would require the commanding officer to create a report regarding any use of the equipment, and would require the law enforcement agency to submit that report to the Department of Justice, the Legislature, and the governing body that authorized the use of the equipment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18722 is added to the Penal Code, to read:18722. (a) For the purposes of this section, the following terms have the following meanings:(1) Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.(2) Unmanned ground vehicle means a vehicle that operates while in contact with the ground that is operated without the possibility of direct human intervention from within or on the vehicle.(b) A person who manufactures or modifies an unmanned aircraft or an unmanned ground vehicle to be capable of inflicting deadly force upon a person is guilty of a misdemeanor.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 835a of the Penal Code is amended to read:835a.(a)The Legislature finds and declares all of the following:(1)That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law.(2)As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.(3)That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies.(4)That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.(5)That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions, as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement.(b)A peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance.(c)(1)Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons:(A)To defend against an imminent threat of death or serious bodily injury to the officer or to another person.(B)To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.(2)A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person.(3)(A)A peace officer shall not use deadly force against or intend to injure, intimidate, or disorient a person by utilizing any unmanned, remotely piloted, powered ground or flying equipment unless all the following criteria are met:(i)The officer cannot subdue the threat after using alternative force options or deescalation tactics.(ii)A threat of death or serious bodily injury is imminent to law enforcement or the public.(iii)The commanding officer has assessed possible damage to surrounding structures and members of the public.(iv)The commanding officer has deemed the actions necessary because there is no reasonable alternative that can achieve the same objectives of officer and public safety.(v)The commanding officer has authorized the use of deadly force utilizing remotely operated equipment.(vi)The law enforcement employee using the equipment in this paragraph has completed training on using the equipment, including any course required by the Commission on Peace Officer Standards and Training.(vii)The law enforcement agency has obtained prior approval from a governing body with jurisdiction over the law enforcement agency as a result of an ordinance or local measure to use deadly force against, or intend to injure, intimidate, or disorient a person by utilizing equipment described in this subparagraph.(B)Following the conclusion of any incident of use of equipment described in subparagraph (A), the commanding officer shall submit a detailed report of the use of the equipment, including all of the following:(i)Why alternative force options and deescalation tactics did not work.(ii)The threat of imminent harm to peace officers and the public by the person.(iii)An analysis of the cost of the use of the equipment in subparagraph (A), including all of the following:(I)The damage caused by the use of the equipment and the cost to the law enforcement agency or the local jurisdiction to repair the damage.(II)The cost of lost or damaged equipment.(III)The harm, if any, caused to the person.(iv)Whether the use of the equipment was successful.(C)The law enforcement agency shall submit the report required by subparagraph (B) to the Department of Justice, the Legislature pursuant to Section 9795 of the Government Code, and the governing body with jurisdiction over the law enforcement agency.(d)A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, retreat does not mean tactical repositioning or other deescalation tactics.(e)For purposes of this section, the following definitions shall apply:(1)Deadly force means any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm.(2)A threat of death or serious bodily injury is imminent when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.(3)Totality of the circumstances means all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force. |
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| 3 | | - | Amended IN Assembly April 19, 2023 Amended IN Assembly April 12, 2023 Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 79Introduced by Assembly Member WeberDecember 15, 2022An act to add Section 18722 to the Penal Code, relating to crimes. weapons.LEGISLATIVE COUNSEL'S DIGESTAB 79, as amended, Weber. Crimes: Remotely operated vehicles. Weapons: robotic devices and unmanned aircrafts.Existing law makes it a crime to possess a destructive device. Existing law makes it a felony to possess material with the intent to make a destructive device or explosive without obtaining a permit to do so.The bill would make it a misdemeanor for a person to manufacture or modify an unmanned vehicle, as defined, to be capable of inflicting deadly force upon a person. By creating a new crime, this bill would impose a state-mandated local program.This bill would prohibit a person from knowingly manufacturing, modifying, selling, transferring, or operating a robotic device or unmanned aircraft that is equipped or mounted with a weapon, as specified. The bill would make a violation punishable by a fine of at least $1,000 but not more than $5,000. The bill would authorize the Attorney General to bring an action to remedy a violation. The bill would exclude certain entities from these provisions including, among other entities, a defense industrial company that obtains a permit from the Department of Justice, as specified. By creating a new infraction, the 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 3 | + | Amended IN Assembly April 12, 2023 Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 79Introduced by Assembly Member WeberDecember 15, 2022An act to amend Section 835a of add Section 18722 to the Penal Code, relating to law enforcement agency policies. crimes.LEGISLATIVE COUNSEL'S DIGESTAB 79, as amended, Weber. Law enforcement agency policies: remotely operated force options. Crimes: Remotely operated vehicles.Existing law makes it a crime to possess a destructive device. Existing law makes it a felony to possess material with the intent to make a destructive device or explosive without obtaining a permit to do so.The bill would make it a misdemeanor for a person to manufacture or modify an unmanned vehicle, as defined, to be capable of inflicting deadly force upon a person. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.Existing law prescribes the circumstances under which a peace officer may use deadly force. Existing law requires each law enforcement agency to maintain a written policy regarding the use of force and to report use-of-force incidents to the Department of Justice as specified. Existing law prohibits law enforcement agencies from authorizing the use of certain types of force by its officers.This bill would prohibit a peace officer from using deadly force against a person or intend to injure, intimidate, or disorient a person by utilizing an unmanned, remotely piloted, powered ground or flying equipment unless specified criteria are met, including that the law enforcement agency has obtained prior approval from the relevant governing body to use that equipment, the officer cannot subdue the threat after using alternative force options and deescalation tactics, and the law enforcement employee has completed training on the use of the equipment.The bill would require the commanding officer to create a report regarding any use of the equipment, and would require the law enforcement agency to submit that report to the Department of Justice, the Legislature, and the governing body that authorized the use of the equipment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES |
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| 30 | | - | Existing law makes it a crime to possess a destructive device. Existing law makes it a felony to possess material with the intent to make a destructive device or explosive without obtaining a permit to do so.The bill would make it a misdemeanor for a person to manufacture or modify an unmanned vehicle, as defined, to be capable of inflicting deadly force upon a person. By creating a new crime, this bill would impose a state-mandated local program.This bill would prohibit a person from knowingly manufacturing, modifying, selling, transferring, or operating a robotic device or unmanned aircraft that is equipped or mounted with a weapon, as specified. The bill would make a violation punishable by a fine of at least $1,000 but not more than $5,000. The bill would authorize the Attorney General to bring an action to remedy a violation. The bill would exclude certain entities from these provisions including, among other entities, a defense industrial company that obtains a permit from the Department of Justice, as specified. By creating a new infraction, the 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 no reimbursement is required by this act for a specified reason. |
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| 29 | + | Existing law makes it a crime to possess a destructive device. Existing law makes it a felony to possess material with the intent to make a destructive device or explosive without obtaining a permit to do so.The bill would make it a misdemeanor for a person to manufacture or modify an unmanned vehicle, as defined, to be capable of inflicting deadly force upon a person. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.Existing law prescribes the circumstances under which a peace officer may use deadly force. Existing law requires each law enforcement agency to maintain a written policy regarding the use of force and to report use-of-force incidents to the Department of Justice as specified. Existing law prohibits law enforcement agencies from authorizing the use of certain types of force by its officers.This bill would prohibit a peace officer from using deadly force against a person or intend to injure, intimidate, or disorient a person by utilizing an unmanned, remotely piloted, powered ground or flying equipment unless specified criteria are met, including that the law enforcement agency has obtained prior approval from the relevant governing body to use that equipment, the officer cannot subdue the threat after using alternative force options and deescalation tactics, and the law enforcement employee has completed training on the use of the equipment.The bill would require the commanding officer to create a report regarding any use of the equipment, and would require the law enforcement agency to submit that report to the Department of Justice, the Legislature, and the governing body that authorized the use of the equipment. |
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| 48 | | - | The people of the State of California do enact as follows:SECTION 1.Section 18722 is added to the Penal Code, to read:18722.(a)For the purposes of this section, the following terms have the following meanings:(1)Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.(2)Unmanned ground vehicle means a vehicle that operates while in contact with the ground that is operated without the possibility of direct human intervention from within or on the vehicle.(b)A person who manufactures or modifies an unmanned aircraft or an unmanned ground vehicle to be capable of inflicting deadly force upon a person is guilty of a misdemeanor.SECTION 1. Section 18722 is added to the Penal Code, to read:18722. (a) For the purposes of this section, the following terms have the following meanings:(1) Robotic device means a mechanical device capable of locomotion, navigation, or movement on the ground that operates at a distance from its operator or supervisor based on commands or in response to sensor data, or a combination thereof.(2) Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.(3) Weapon means a device designed to cause or capable of causing death, incapacitation, or physical injury to a person, including, but not limited to, stun guns, firearms, and explosive devices.(b) It is unlawful for a person to knowingly manufacture, modify, sell, transfer, or operate a robotic device or unmanned aircraft that is equipped or mounted with a weapon.(c) A violation of this section is punishable by a fine of at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000). This fine shall be imposed in addition to any other penalty imposed pursuant to law.(d) The Attorney General may bring an action to remedy a violation of this section.(e) This section shall not apply to any of the following:(1) A defense industrial company under contract with the United States Department of Defense with respect to a robotic device or unmanned aircraft being developed or produced pursuant to that contract.(2) A defense industrial company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for a robotic device or unmanned aircraft.(3) A robotics company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for the purpose of testing antiweaponization technologies using a robotic device or unmanned aircraft.(4) A law enforcement agency that has approval from their governing elected body.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 55 | + | The people of the State of California do enact as follows:SECTION 1. Section 18722 is added to the Penal Code, to read:18722. (a) For the purposes of this section, the following terms have the following meanings:(1) Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.(2) Unmanned ground vehicle means a vehicle that operates while in contact with the ground that is operated without the possibility of direct human intervention from within or on the vehicle.(b) A person who manufactures or modifies an unmanned aircraft or an unmanned ground vehicle to be capable of inflicting deadly force upon a person is guilty of a misdemeanor.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 835a of the Penal Code is amended to read:835a.(a)The Legislature finds and declares all of the following:(1)That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law.(2)As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.(3)That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies.(4)That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.(5)That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions, as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement.(b)A peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance.(c)(1)Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons:(A)To defend against an imminent threat of death or serious bodily injury to the officer or to another person.(B)To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.(2)A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person.(3)(A)A peace officer shall not use deadly force against or intend to injure, intimidate, or disorient a person by utilizing any unmanned, remotely piloted, powered ground or flying equipment unless all the following criteria are met:(i)The officer cannot subdue the threat after using alternative force options or deescalation tactics.(ii)A threat of death or serious bodily injury is imminent to law enforcement or the public.(iii)The commanding officer has assessed possible damage to surrounding structures and members of the public.(iv)The commanding officer has deemed the actions necessary because there is no reasonable alternative that can achieve the same objectives of officer and public safety.(v)The commanding officer has authorized the use of deadly force utilizing remotely operated equipment.(vi)The law enforcement employee using the equipment in this paragraph has completed training on using the equipment, including any course required by the Commission on Peace Officer Standards and Training.(vii)The law enforcement agency has obtained prior approval from a governing body with jurisdiction over the law enforcement agency as a result of an ordinance or local measure to use deadly force against, or intend to injure, intimidate, or disorient a person by utilizing equipment described in this subparagraph.(B)Following the conclusion of any incident of use of equipment described in subparagraph (A), the commanding officer shall submit a detailed report of the use of the equipment, including all of the following:(i)Why alternative force options and deescalation tactics did not work.(ii)The threat of imminent harm to peace officers and the public by the person.(iii)An analysis of the cost of the use of the equipment in subparagraph (A), including all of the following:(I)The damage caused by the use of the equipment and the cost to the law enforcement agency or the local jurisdiction to repair the damage.(II)The cost of lost or damaged equipment.(III)The harm, if any, caused to the person.(iv)Whether the use of the equipment was successful.(C)The law enforcement agency shall submit the report required by subparagraph (B) to the Department of Justice, the Legislature pursuant to Section 9795 of the Government Code, and the governing body with jurisdiction over the law enforcement agency.(d)A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, retreat does not mean tactical repositioning or other deescalation tactics.(e)For purposes of this section, the following definitions shall apply:(1)Deadly force means any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm.(2)A threat of death or serious bodily injury is imminent when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.(3)Totality of the circumstances means all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force. |
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| 58 | | - | (a)For the purposes of this section, the following terms have the following meanings: |
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| 62 | | - | (1)Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. |
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| 66 | | - | (2)Unmanned ground vehicle means a vehicle that operates while in contact with the ground that is operated without the possibility of direct human intervention from within or on the vehicle. |
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| 70 | | - | (b)A person who manufactures or modifies an unmanned aircraft or an unmanned ground vehicle to be capable of inflicting deadly force upon a person is guilty of a misdemeanor. |
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| 74 | | - | SECTION 1. Section 18722 is added to the Penal Code, to read:18722. (a) For the purposes of this section, the following terms have the following meanings:(1) Robotic device means a mechanical device capable of locomotion, navigation, or movement on the ground that operates at a distance from its operator or supervisor based on commands or in response to sensor data, or a combination thereof.(2) Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.(3) Weapon means a device designed to cause or capable of causing death, incapacitation, or physical injury to a person, including, but not limited to, stun guns, firearms, and explosive devices.(b) It is unlawful for a person to knowingly manufacture, modify, sell, transfer, or operate a robotic device or unmanned aircraft that is equipped or mounted with a weapon.(c) A violation of this section is punishable by a fine of at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000). This fine shall be imposed in addition to any other penalty imposed pursuant to law.(d) The Attorney General may bring an action to remedy a violation of this section.(e) This section shall not apply to any of the following:(1) A defense industrial company under contract with the United States Department of Defense with respect to a robotic device or unmanned aircraft being developed or produced pursuant to that contract.(2) A defense industrial company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for a robotic device or unmanned aircraft.(3) A robotics company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for the purpose of testing antiweaponization technologies using a robotic device or unmanned aircraft.(4) A law enforcement agency that has approval from their governing elected body. |
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| 61 | + | SECTION 1. Section 18722 is added to the Penal Code, to read:18722. (a) For the purposes of this section, the following terms have the following meanings:(1) Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.(2) Unmanned ground vehicle means a vehicle that operates while in contact with the ground that is operated without the possibility of direct human intervention from within or on the vehicle.(b) A person who manufactures or modifies an unmanned aircraft or an unmanned ground vehicle to be capable of inflicting deadly force upon a person is guilty of a misdemeanor. |
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| 94 | | - | (3) Weapon means a device designed to cause or capable of causing death, incapacitation, or physical injury to a person, including, but not limited to, stun guns, firearms, and explosive devices. |
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| 95 | | - | |
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| 96 | | - | (b) It is unlawful for a person to knowingly manufacture, modify, sell, transfer, or operate a robotic device or unmanned aircraft that is equipped or mounted with a weapon. |
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| 97 | | - | |
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| 98 | | - | (c) A violation of this section is punishable by a fine of at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000). This fine shall be imposed in addition to any other penalty imposed pursuant to law. |
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| 99 | | - | |
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| 100 | | - | (d) The Attorney General may bring an action to remedy a violation of this section. |
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| 101 | | - | |
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| 102 | | - | (e) This section shall not apply to any of the following: |
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| 103 | | - | |
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| 104 | | - | (1) A defense industrial company under contract with the United States Department of Defense with respect to a robotic device or unmanned aircraft being developed or produced pursuant to that contract. |
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| 105 | | - | |
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| 106 | | - | (2) A defense industrial company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for a robotic device or unmanned aircraft. |
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| 107 | | - | |
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| 108 | | - | (3) A robotics company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for the purpose of testing antiweaponization technologies using a robotic device or unmanned aircraft. |
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| 109 | | - | |
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| 110 | | - | (4) A law enforcement agency that has approval from their governing elected body. |
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| 81 | + | (b) A person who manufactures or modifies an unmanned aircraft or an unmanned ground vehicle to be capable of inflicting deadly force upon a person is guilty of a misdemeanor. |
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| 90 | + | |
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| 91 | + | |
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| 92 | + | |
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| 93 | + | |
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| 94 | + | |
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| 95 | + | (a)The Legislature finds and declares all of the following: |
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| 96 | + | |
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| 97 | + | |
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| 98 | + | |
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| 99 | + | (1)That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law. |
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| 100 | + | |
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| 101 | + | |
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| 102 | + | |
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| 103 | + | (2)As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer. |
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| 104 | + | |
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| 105 | + | |
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| 106 | + | |
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| 107 | + | (3)That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies. |
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| 108 | + | |
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| 109 | + | |
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| 110 | + | |
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| 111 | + | (4)That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force. |
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| 112 | + | |
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| 113 | + | |
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| 114 | + | |
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| 115 | + | (5)That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions, as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement. |
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| 116 | + | |
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| 117 | + | |
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| 118 | + | |
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| 119 | + | (b)A peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance. |
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| 120 | + | |
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| 121 | + | |
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| 122 | + | |
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| 123 | + | (c)(1)Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons: |
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| 124 | + | |
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| 125 | + | |
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| 126 | + | |
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| 127 | + | (A)To defend against an imminent threat of death or serious bodily injury to the officer or to another person. |
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| 128 | + | |
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| 129 | + | |
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| 130 | + | |
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| 131 | + | (B)To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts. |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | |
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| 135 | + | (2)A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person. |
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| 136 | + | |
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| 137 | + | |
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| 138 | + | |
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| 139 | + | (3)(A)A peace officer shall not use deadly force against or intend to injure, intimidate, or disorient a person by utilizing any unmanned, remotely piloted, powered ground or flying equipment unless all the following criteria are met: |
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| 140 | + | |
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| 141 | + | |
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| 142 | + | |
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| 143 | + | (i)The officer cannot subdue the threat after using alternative force options or deescalation tactics. |
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| 144 | + | |
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| 145 | + | |
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| 146 | + | |
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| 147 | + | (ii)A threat of death or serious bodily injury is imminent to law enforcement or the public. |
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| 148 | + | |
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| 149 | + | |
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| 150 | + | |
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| 151 | + | (iii)The commanding officer has assessed possible damage to surrounding structures and members of the public. |
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| 152 | + | |
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| 153 | + | |
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| 154 | + | |
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| 155 | + | (iv)The commanding officer has deemed the actions necessary because there is no reasonable alternative that can achieve the same objectives of officer and public safety. |
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| 156 | + | |
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| 157 | + | |
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| 158 | + | |
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| 159 | + | (v)The commanding officer has authorized the use of deadly force utilizing remotely operated equipment. |
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| 160 | + | |
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| 161 | + | |
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| 162 | + | |
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| 163 | + | (vi)The law enforcement employee using the equipment in this paragraph has completed training on using the equipment, including any course required by the Commission on Peace Officer Standards and Training. |
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| 164 | + | |
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| 165 | + | |
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| 166 | + | |
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| 167 | + | (vii)The law enforcement agency has obtained prior approval from a governing body with jurisdiction over the law enforcement agency as a result of an ordinance or local measure to use deadly force against, or intend to injure, intimidate, or disorient a person by utilizing equipment described in this subparagraph. |
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| 168 | + | |
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| 169 | + | |
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| 170 | + | |
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| 171 | + | (B)Following the conclusion of any incident of use of equipment described in subparagraph (A), the commanding officer shall submit a detailed report of the use of the equipment, including all of the following: |
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| 172 | + | |
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| 173 | + | |
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| 174 | + | |
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| 175 | + | (i)Why alternative force options and deescalation tactics did not work. |
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| 176 | + | |
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| 177 | + | |
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| 178 | + | |
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| 179 | + | (ii)The threat of imminent harm to peace officers and the public by the person. |
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| 180 | + | |
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| 181 | + | |
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| 182 | + | |
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| 183 | + | (iii)An analysis of the cost of the use of the equipment in subparagraph (A), including all of the following: |
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| 184 | + | |
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| 185 | + | |
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| 186 | + | |
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| 187 | + | (I)The damage caused by the use of the equipment and the cost to the law enforcement agency or the local jurisdiction to repair the damage. |
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| 188 | + | |
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| 189 | + | |
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| 190 | + | |
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| 191 | + | (II)The cost of lost or damaged equipment. |
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| 192 | + | |
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| 193 | + | |
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| 194 | + | |
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| 195 | + | (III)The harm, if any, caused to the person. |
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| 196 | + | |
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| 197 | + | |
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| 198 | + | |
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| 199 | + | (iv)Whether the use of the equipment was successful. |
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| 200 | + | |
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| 201 | + | |
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| 202 | + | |
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| 203 | + | (C)The law enforcement agency shall submit the report required by subparagraph (B) to the Department of Justice, the Legislature pursuant to Section 9795 of the Government Code, and the governing body with jurisdiction over the law enforcement agency. |
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| 204 | + | |
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| 205 | + | |
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| 206 | + | |
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| 207 | + | (d)A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, retreat does not mean tactical repositioning or other deescalation tactics. |
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| 208 | + | |
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| 209 | + | |
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| 210 | + | |
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| 211 | + | (e)For purposes of this section, the following definitions shall apply: |
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| 212 | + | |
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| 213 | + | |
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| 214 | + | |
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| 215 | + | (1)Deadly force means any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm. |
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| 216 | + | |
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| 218 | + | |
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| 219 | + | (2)A threat of death or serious bodily injury is imminent when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed. |
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| 220 | + | |
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| 221 | + | |
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| 222 | + | |
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| 223 | + | (3)Totality of the circumstances means all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force. |
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