{"id":321,"date":"2022-03-20T08:42:34","date_gmt":"2022-03-20T08:42:34","guid":{"rendered":"https:\/\/crowdsourcelawyers.com\/statutes-california-laws\/?page_id=321"},"modified":"2022-05-20T23:45:45","modified_gmt":"2022-05-20T23:45:45","slug":"sb230","status":"publish","type":"page","link":"https:\/\/crowdsourcelawyers.com\/california-statutes\/california-statutes\/sb230\/","title":{"rendered":"SB230"},"content":{"rendered":"<section  class='av_textblock_section av-av_textblock-e878f05c31dff72941bf1e49a00d9ff5 '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><p>Currrent as of February 4, 2022<\/p>\n<\/div><\/section>\n\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-l0z16n7k-3851dd8de2375ada80101a533cd2b2de\">\n#top .av_textblock_section.av-l0z16n7k-3851dd8de2375ada80101a533cd2b2de .avia_textblock{\nfont-size:19px;\n}\n<\/style>\n<section  class='av_textblock_section av-l0z16n7k-3851dd8de2375ada80101a533cd2b2de '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><h1 id=\"bill_num_title_chap\"><b>Senate Bill No. 230<\/b><\/h1>\n<h2 id=\"chap_num_title_chap\">CHAPTER 285<\/h2>\n<hr \/>\n<p style=\"text-align: center\">\nAn act to add Chapter 17.4 (commencing with Section 7286) to Division 7 of Title 1 of the Government Code, and to add Section 13519.10 to the Penal Code, relating to law enforcement.<\/p>\n<p style=\"text-align: center\">[\u00a0Approved by\u00a0Governor\u00a0\u00a0September\u00a012,\u00a02019.\u00a0Filed with\u00a0Secretary of State\u00a0\u00a0September\u00a012,\u00a02019.\u00a0]<\/p>\n<p style=\"text-align: center\">LEGISLATIVE COUNSEL&#8217;S DIGEST<\/p>\n<p>SB 230, Caballero. Law enforcement: use of deadly force: training: policies.<\/p>\n<p>(1)\u00a0Existing law requires each law enforcement agency to annually furnish specified information to the Department of Justice regarding the use of force by a peace officer. Existing law requires the Department of Justice, once per year, to update a summary of information contained in the reports received on its internet website. Existing law requires a department or agency that employs peace officers or custodial officers to establish a procedure to investigate complaints by members of the public against those officers.<\/p>\n<p>This bill would, by no later than January 1, 2021, require each law enforcement agency to maintain a policy that provides guidelines on the use of force, utilizing deescalation techniques and other alternatives to force when feasible, specific guidelines for the application of deadly force, and factors for evaluating and reviewing all use of force incidents, among other things. The bill would require each agency to make their use of force policy accessible to the public. By imposing additional duties on local agencies, this bill would create a state-mandated local program.<\/p>\n<p>(2)\u00a0Existing law establishes the Commission on Peace Officer Standards and Training in the Department of Justice and requires the commission to adopt rules establishing minimum standards regarding the recruitment of peace officers. Existing law requires the commission to develop guidelines and implement courses of instruction regarding racial profiling, domestic violence, hate crimes, vehicle pursuits, and human trafficking, among others.<\/p>\n<p>This bill would require the commission to implement a course or courses of instruction for the regular and periodic training of law enforcement officers in the use of force. The bill would require the commission to develop uniform, minimum guidelines for adoption and promulgation by California law enforcement agencies for the use of force, as specified. The bill would require law enforcement agencies to adopt and promulgate a use of force policy and would state the intent of the Legislature that each law enforcement agency adopt, promulgate, and require regular and periodic training consistent with the agency\u2019s policy that complies with the guidelines developed under this bill.<\/p>\n<p>This bill would make findings and declarations regarding the intent of the bill, as it pertains to law enforcement agencies\u2019 use of force polices, including that those policies may be introduced in legal proceedings and may be considered as a factor in determining the reasonableness of an officer\u2019s actions, but do not impose a legal duty on an officer to act in accordance with the policy.<\/p>\n<p>(3)\u00a0The 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.<\/p>\n<p>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.<\/p>\n<p>(4)\u00a0This bill would also make its provisions operative contingent on the enactment of Assembly Bill 392 of the 2019\u201320 Regular Session.<\/p>\n<p>Vote:\u00a0majority\u00a0\u00a0\u00a0Appropriation:\u00a0no\u00a0\u00a0\u00a0Fiscal Committee:\u00a0yes\u00a0\u00a0\u00a0Local Program:\u00a0yes<\/p>\n<hr \/>\n<p>THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:<\/p>\n<p><strong>SECTION 1.<\/strong><\/p>\n<p>The Legislature finds and declares:<\/p>\n<p>(a)\u00a0The highest priority of California law enforcement is safeguarding the life, dignity, and liberty of all persons, without prejudice to anyone.<\/p>\n<p>(b)\u00a0Law enforcement officers shall be guided by the principle of reverence for human life in all investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a suspect who is uncooperative or actively resisting, may attempt to flee, poses a danger to others, or poses a danger to themselves, they should consider tactics and techniques that may persuade the suspect to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation safely.<\/p>\n<p>(c)\u00a0Vesting officers with the authority to use necessary force as determined by an objectively reasonable officer and to protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests.<\/p>\n<p>(d)\u00a0The authority to use force is a serious responsibility given to peace officers by the people who expect them to exercise that authority judiciously and with respect for human rights, dignity, and life.<\/p>\n<p>(e)\u00a0The intent of this act is to establish the minimum standard for policies and reporting procedures regarding California law enforcement agencies\u2019 use of force. The purpose of these use of force policies is to provide law enforcement agencies with guidance regarding the use and application of force to ensure such applications are used only to effect arrests or lawful detentions, overcome resistance, or bring a situation under legitimate control.<\/p>\n<p>(f)\u00a0No policy can anticipate every conceivable situation or exceptional circumstance which officers may face. In all circumstances, officers are expected to exercise sound judgment and critical decisionmaking when using force options.<\/p>\n<p>(g)\u00a0A law enforcement agency\u2019s use of force policies and training may be introduced as evidence in proceedings involving an officer\u2019s use of force. The policies and training may be considered as a factor in the totality of circumstances in determining whether the officer acted reasonably, but shall not be considered as imposing a legal duty on the officer to act in accordance with such policies and training.<\/p>\n<p>(h)\u00a0Every instance in which a firearm is discharged, including exceptional circumstances, shall be reviewed by the department on a case-by-case basis to evaluate all facts and to determine if the incident is within policy and in accordance with training.<\/p>\n<p><strong>SEC. 2.<\/strong><\/p>\n<p>Chapter 17.4 (commencing with Section 7286) is added to Division 7 of Title 1 of the Government Code, to read:<\/p>\n<p><strong>CHAPTER \u00a017.4.\u00a0Law Enforcement Use of Force Policies<\/strong><\/p>\n<p><strong>7286.<\/strong><\/p>\n<p>(a)\u00a0For the purposes of this section:<\/p>\n<p>(1)\u00a0\u201cDeadly force\u201d means any use of force that creates a substantial risk of causing death or serious bodily injury. Deadly force includes, but is not limited to, the discharge of a firearm.<\/p>\n<p>(2)\u00a0\u201cFeasible\u201d means reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person.<\/p>\n<p>(3)\u00a0\u201cLaw enforcement agency\u201d means any police department, sheriff\u2019s department, district attorney, county probation department, transit agency police department, school district police department, the police department of any campus of the University of California, the California State University, or community college, the Department of the California Highway Patrol, the Department of Fish and Wildlife, and the Department of Justice.<\/p>\n<p>(b)\u00a0Each law enforcement agency shall, by no later than January 1, 2021, maintain a policy that provides a minimum standard on the use of force. Each agency\u2019s policy shall include all of the following:<\/p>\n<p>(1)\u00a0A requirement that officers utilize deescalation techniques, crisis intervention tactics, and other alternatives to force when feasible.<\/p>\n<p>(2)\u00a0A requirement that an officer may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance.<\/p>\n<p>(3)\u00a0A requirement that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer.<\/p>\n<p>(4)\u00a0Clear and specific guidelines regarding situations in which officers may or may not draw a firearm or point a firearm at a person.<\/p>\n<p>(5)\u00a0A requirement that officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm.<\/p>\n<p>(6)\u00a0Procedures for disclosing public records in accordance with Section 832.7.<\/p>\n<p>(7)\u00a0Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents.<\/p>\n<p>(8)\u00a0A requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject.<\/p>\n<p>(9)\u00a0Comprehensive and specific guidelines regarding approved methods and devices available for the application of force.<\/p>\n<p>(10)\u00a0An explicitly stated requirement that officers carry out duties, including use of force, in a manner that is fair and unbiased.<\/p>\n<p>(11)\u00a0Comprehensive and specific guidelines for the application of deadly force.<\/p>\n<p>(12)\u00a0Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident, including reporting use of force incidents to the Department of Justice in compliance with Section 12525.2.<\/p>\n<p>(13)\u00a0The role of supervisors in the review of use of force applications.<\/p>\n<p>(14)\u00a0A requirement that officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for persons injured in a use of force incident, when reasonable and safe to do so.<\/p>\n<p>(15)\u00a0Training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency\u2019s use of force policy by officers, investigators, and supervisors.<\/p>\n<p>(16)\u00a0Training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.<\/p>\n<p>(17)\u00a0Comprehensive and specific guidelines under which the discharge of a firearm at or from a moving vehicle may or may not be permitted.<\/p>\n<p>(18)\u00a0Factors for evaluating and reviewing all use of force incidents.<\/p>\n<p>(19)\u00a0Minimum training and course titles required to meet the objectives in the use of force policy.<\/p>\n<p>(20)\u00a0A requirement for the regular review and updating of the policy to reflect developing practices and procedures.<\/p>\n<p>(c)\u00a0Each law enforcement agency shall make their use of force policy adopted pursuant to this section accessible to the public.<\/p>\n<p>(d)\u00a0This section does not supersede the collective bargaining procedures established pursuant to the Myers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4), the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4), or the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4).<\/p>\n<p><strong>SEC. 3.<\/strong><\/p>\n<p>Section 13519.10 is added to the Penal Code, immediately following Section 13519.9, to read:<\/p>\n<p><strong>13519.10.<\/strong><\/p>\n<p>(a)\u00a0(1)\u00a0The commission shall implement a course or courses of instruction for the regular and periodic training of law enforcement officers in the use of force and shall also develop uniform, minimum guidelines for adoption and promulgation by California law enforcement agencies for use of force. The guidelines and course of instruction shall stress that the use of force by law enforcement personnel is of important concern to the community and law enforcement and that law enforcement should safeguard life, dignity, and liberty of all persons, without prejudice to anyone. These guidelines shall be a resource for each agency executive to use in the creation of the use of force policy that the agency is required to adopt and promulgate pursuant to Section 7286 of the Government Code, and that reflects the needs of the agency, the jurisdiction it serves, and the law.<\/p>\n<p>(2)\u00a0As used in this section, \u201claw enforcement officer\u201d includes any peace officer of a local police or sheriff\u2019s department or the California Highway Patrol, or of any other law enforcement agency authorized by law to use force to effectuate an arrest.<\/p>\n<p>(b)\u00a0The course or courses of the regular basic course for law enforcement officers and the guidelines shall include all of the following:<\/p>\n<p>(1)\u00a0Legal standards for use of force.<\/p>\n<p>(2)\u00a0Duty to intercede.<\/p>\n<p>(3)\u00a0The use of objectively reasonable force.<\/p>\n<p>(4)\u00a0Supervisory responsibilities.<\/p>\n<p>(5)\u00a0Use of force review and analysis.<\/p>\n<p>(6)\u00a0Guidelines for the use of deadly force.<\/p>\n<p>(7)\u00a0State required reporting.<\/p>\n<p>(8)\u00a0Deescalation and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence.<\/p>\n<p>(9)\u00a0Implicit and explicit bias and cultural competency.<\/p>\n<p>(10)\u00a0Skills including deescalation techniques to effectively, safely, and respectfully interact with people with disabilities or behavioral health issues.<\/p>\n<p>(11)\u00a0Use of force scenario training including simulations of low-frequency, high-risk situations and calls for service, shoot-or-don\u2019t-shoot situations, and real-time force option decisionmaking.<\/p>\n<p>(12)\u00a0Alternatives to the use of deadly force and physical force, so that deescalation tactics and less lethal alternatives are, where reasonably feasible, part of the decisionmaking process leading up to the consideration of deadly force.<\/p>\n<p>(13)\u00a0Mental health and policing, including bias and stigma.<\/p>\n<p>(14)\u00a0Using public service, including the rendering of first aid, to provide a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts.<\/p>\n<p>(c)\u00a0Law enforcement agencies are encouraged to include, as part of their advanced officer training program, periodic updates and training on use of force. The commission shall assist where possible.<\/p>\n<p>(d)\u00a0(1)\u00a0The course or courses of instruction, the learning and performance objectives, the standards for the training, and the guidelines shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field on use of force. The groups and individuals shall include, but not be limited to, law enforcement agencies, police academy instructors, subject matter experts, and members of the public.<\/p>\n<p>(2)\u00a0The commission, in consultation with these groups and individuals, shall review existing training programs to determine the ways in which use of force training may be included as part of ongoing programs.<\/p>\n<p>(e)\u00a0It is the intent of the Legislature that each law enforcement agency adopt, promulgate, and require regular and periodic training consistent with an agency\u2019s specific use of force policy that, at a minimum, complies with the guidelines developed under subdivisions (a) and (b).<\/p>\n<p><strong>SEC. 4.<\/strong><\/p>\n<p>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.<\/p>\n<p><strong>SEC. 5.<\/strong><\/p>\n<p>This act shall take effect only if Assembly Bill 392 of the 2019\u201320 Regular Session is enacted and becomes operative.<\/p>\n<hr \/>\n<p>SB230<\/p>\n<\/div><\/section>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":3,"featured_media":0,"parent":2019,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-321","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.5 - 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