Date of Hearing: January 23, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 855

Author:(McCarty) – As Amended Ver:January 6, 2020

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Office of the Attorney General to convene a task force within the Civil Rights Enforcement Section of the Department of Justice (DOJ). Specifically, this bill:

1. Requires the task force, no later than July 1, 2022, prepare a report detailing its findings and recommendations including a model written policy or general order for use on the use of force by law enforcement agencies and to be posted on the DOJ website.
2. Mandates, beginning on July 1, 2021, DOJ review and make specific recommendations about a law enforcement agency’s deadly force policies, upon request and subject to available resources.

FISCAL EFFECT:

Costs (GF) to the DOJ of $384,000 for additional infrastructure and four new positions in the fiscal year 2020-21 and increasing to approximately $4.5 million dollars in the fiscal year 2023-24 and annually thereafter for a total of 20 new positions to staff the task force. Costs also include an estimated $750,000 for expert witness fees to provide advice on use of force. Costs for the task force required by this bill may be lesser since the DOJ currently has authority to assist local law enforcement in developing use of force policies and DOJ is not required to make recommendations to local law enforcement if resources are not available.

COMMENTS:

1. Purpose. According to the author:

AB 855 would reduce the number of officer-involved shootings and build back trust between law enforcement and citizens by providing a review by the DOJ of use of force policies and take action to make real change in how law enforcement operates. It will reduce unnecessary deaths by promoting alternatives and de-escalation.

1. Use of Force: AB 392, Chapter 170, Statutes of 2018, and SB 230, Chapter 285, Statutes of 2018, enacted comprehensive changes to police departments’ use of force policies. SB 230 mandates law enforcement enact use of force policies requiring, among other things, de-escalation techniques, crisis intervention tactics, and other alternatives to use of force. SB 230 also requires the Commission on Peace Officer Standards and Training (POST) to develop and implement new use of force trainings following enactment of AB 392. This bill requires DOJ to review officer-involved shootings and develop recommendations for a model policy pertaining to use of force upon request and subject to available resources. It is unclear how DOJ’s proposed model policies and recommendations for a specific department might overlap with the POST use of force training or other department policies. It may make more sense to have both agencies work together to ensure use of force policies are consistent with the law. Additionally, both POST and DOJ have authority under existing law to assist local police departments with policies. Finally, this bill does not require DOJ to review any policies if it believes it does not have sufficient resources but requires the formation of the task force.
2. Argument in Support. According to California Attorneys for Criminal Justice:

This bill is necessary to develop statewide standards for the use of deadly force and will ensure there is a uniform understanding of what is expected of peace officers. AB 855 is an important step forward to continue the relationship between peace officers and the public.

1. Argument in Opposition. According to the Riverside Sheriffs’ Association:

No need for this bill. The Attorney General currently has the authority to convene a task force to study the use of deadly force and develop recommendations and a model use of deadly force written policy for law enforcement agencies.”

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing:

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 855

Author:(McCarty) – As Amended Ver:January 6, 2020

SUMMARY:

Requires the Attorney General (AG) to convene a task force, as specified, to study the use of force by law enforcement and to develop recommendations, including a model written policy. Specifically, this bill:

1. Requires the AG to convene a task force within the Civil Rights Enforcement Section of the Department of Justice (DOJ) to study officer-involved shootings throughout the state and to develop policy recommendations and a model written policy or general order for the use of deadly force by law enforcement officers, with the goal of promulgating best practices and reducing the number of deadly force incidents that are unjustified, unnecessary, or preventable.
   
2. States that the task force shall, by no later than July 1, 2022, prepare a report detailing its findings and recommendations, including a model written policy or general order that may be adopted for use by law enforcement agencies.
   
3. Requires, commencing on July 1, 2022, the AG shall operate a program within the Civil Rights Enforcement Section of the DOJ to review the use of deadly force policies of California law enforcement agencies. Subject to available resources and the discretion of the AG, this program shall review deadly force policies of law enforcement agencies that request review.
   
4. Provides that the program shall make specific and customized recommendations to any law enforcement agency that requests a review pursuant to this section, based on those policies identified as recommended best practices in the task force report developed, as specified.
   
5. Defines a “law enforcement agency” to mean “a municipal police department, a county sheriff’s department, the Department of the California Highway Patrol, or the University of California or California State University police departments.”
   
6. States that this title does not limit the AG’s authority under the California Constitution or any applicable state law.

EXISTING LAW:

1. Specifies that subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. (Cal. Const., Art. 5, § 13.)
   
2. States that it shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced. (Cal. Const., Art. 5, § 13.)
   
3. Provides that the Attorney General shall have direct supervision over every district attorney and sheriff and over such other law enforcement officers as may be designated by law, in all matters pertaining to the duties of their respective offices, and may require any of said officers to make reports concerning the investigation, detection, prosecution, and punishment of crime in their perspective jurisdictions as to the Attorney General may seem advisable. (Cal. Const., Art. 5, § 13.)
   
4. States that whenever in the opinion of the Attorney General any law of the State is not being adequately enforced in any county, it shall be the duty of the Attorney General to prosecute any violation of law of which the superior court shall have jurisdiction, and in such cases the Attorney General shall have all the powers of a district attorney. When required by the public interest or directed by the Governor, the Attorney General shall assist any district attorney in the discharge of the duties of that office. (Cal. Const., Art. 5, § 13.)
   
5. Specifies that the Attorney General has direct supervision over the district attorneys of the several counties of the State and may require of them written reports as to the condition of public business entrusted to their charge. (Gov. Code, § 12550.)
   
6. Provides that when the Attorney General deems it advisable or necessary in the public interest, or when directed to do so by the Governor, he shall assist any district attorney in the discharge of his duties, and may, where he deems it necessary, take full charge of any investigation or prosecution of violations of law of which the superior court has jurisdiction. In this respect he has all the powers of a district attorney, including the power to issue or cause to be issued subpoenas or other process. (Gov. Code, § 12550.)
   
7. Provides that any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. (Pen. Code, § 835a)
   
8. Specifies that a peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (Pen. Code, § 835a)
   
9. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either—
   
   1. In obedience to any judgment of a competent court; or,
      
   2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,
      
   3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest. (Pen. Code, §196.)
      
10. Requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public. (Pen. Code, § 832.5, subd. (a)(1).)
    
11. Allows each department or agency that employs custodial officers, to establish a procedure to investigate complaints by members of the public against those custodial officers employed by these departments or agencies, provided however, that any procedure so established shall comply with the provisions of this section and with other provisions, as specified. (Pen. Code, § 832.5, subd. (a)(2).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 855 would reduce the number of officer-involved shootings and build back trust between law enforcement and citizens by providing a review by the DOJ of use of force policies and take action to make real change in how law enforcement operates. It will reduce unnecessary deaths by promoting alternatives and de-escalation.”
   
2. Argument in Support: According to California Attorneys for Criminal Justice, “AB 855 would require the Attorney General to convene a task force to study officer-involved shootings and develop policy recommendations for the use of deadly force by law enforcement. This bill is necessary to develop statewide standards for the use of deadly force and will ensure there is a uniform understanding of what is expected of peace officers. AB 855 is an important step forward to continue the relationship between peace officers and the public.”
   
3. Argument in Opposition: The Riverside Sheriffs’ Association states, “No need for this bill. The Attorney General currently has the authority to convene a task force to study the use of deadly force and develop recommendations and a model use of deadly force written policy for law enforcement agencies.”

REGISTERED SUPPORT / OPPOSITION:

Support

ACLU 
California Attorneys for Criminal Justice

Oppose

California Association of Highway Patrolmen
Riverside Sheriffs' Association

Analysis Prepared by:

Gregory Pagan / PUB. S. / (916) 319-3744

Date of Hearing: April 23, 2019

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 855

Author:(McCarty) – As Amended Ver:March 19, 2019

SUMMARY:

Requires the Attorney General (AG) to convene a task force, as specified, to study the use of force by law enforcement and to develop recommendations, including a model written policy. Specifically, this bill:

1. Requires the AG to convene a task force within the Civil Rights Enforcement Section of the Department of Justice (DOJ) to study officer-involved shootings throughout the state and to develop policy recommendations and a model written policy or general order for the use of deadly force by law enforcement officers, with the goal of promulgating best practices and reducing the number of deadly force incidents that are unjustified, unnecessary, or preventable.
   
2. States that the task force shall, by no later than July 1, 2021, prepare a report detailing its findings and recommendations, including a model written policy or general order that may be adopted for use by law enforcement agencies.
   
3. Requires, commencing on July 1, 2021, the AG shall operate a program within the Civil Rights Enforcement Section of the DOJ to review the use of deadly force policies of any law enforcement agency that requests a review.
   
4. Provides that the program shall make specific and customized recommendations to any law enforcement agency that requests a review pursuant to this section, based on those policies identified as recommended best practices in the task force report developed, as specified.
   
5. Defines a “law enforcement agency” to mean “a municipal police department, a county sheriff’s department, the Department of the California Highway Patrol, or the University of California or California State University police departments.”
   
6. Contains a sunset date of July 1, 2024.

EXISTING LAW:

1. Specifies that subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. (Cal. Const., Art. 5, § 13.)
   
2. States that it shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced. (Cal. Const., Art. 5, § 13.)
   
3. Provides that the Attorney General shall have direct supervision over every district attorney and sheriff and over such other law enforcement officers as may be designated by law, in all matters pertaining to the duties of their respective offices, and may require any of said officers to make reports concerning the investigation, detection, prosecution, and punishment of crime in their perspective jurisdictions as to the Attorney General may seem advisable. (Cal. Const., Art. 5, § 13.)
   
4. States that whenever in the opinion of the Attorney General any law of the State is not being adequately enforced in any county, it shall be the duty of the Attorney General to prosecute any violation of law of which the superior court shall have jurisdiction, and in such cases the Attorney General shall have all the powers of a district attorney. When required by the public interest or directed by the Governor, the Attorney General shall assist any district attorney in the discharge of the duties of that office. (Cal. Const., Art. 5, § 13.)
   
5. Specifies that the Attorney General has direct supervision over the district attorneys of the several counties of the State and may require of them written reports as to the condition of public business entrusted to their charge. (Gov. Code, § 12550.)
   
6. Provides that when the Attorney General deems it advisable or necessary in the public interest, or when directed to do so by the Governor, he shall assist any district attorney in the discharge of his duties, and may, where he deems it necessary, take full charge of any investigation or prosecution of violations of law of which the superior court has jurisdiction. In this respect he has all the powers of a district attorney, including the power to issue or cause to be issued subpoenas or other process. (Gov. Code, § 12550.)
   
7. Provides that any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. (Pen. Code, § 835a)
   
8. Specifies that a peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (Pen. Code, § 835a)
   
9. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either—
   
   1. In obedience to any judgment of a competent court; or,
      
   2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,
      
   3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest. (Pen. Code, §196.)
      
10. Requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public. (Pen. Code, § 832.5, subd. (a)(1).)
    
11. Allows each department or agency that employs custodial officers, to establish a procedure to investigate complaints by members of the public against those custodial officers employed by these departments or agencies, provided however, that any procedure so established shall comply with the provisions of this section and with other provisions, as specified. (Pen. Code, § 832.5, subd. (a)(2).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 855 would reduce the number of officer-involved shootings and build back trust between law enforcement and citizens by providing a review by the DOJ of use of force policies and take action to make real change in how law enforcement operates. It will reduce unnecessary deaths by promoting alternatives and de-escalation.”
   
2. Argument in Support: According to California Attorneys for Criminal Justice, “AB 855 would require the Attorney General to convene a task force to study officer-involved shootings and develop policy recommendations for the use of deadly force by law enforcement. This bill is necessary to develop statewide standards for the use of deadly force and will ensure there is a uniform understanding of what is expected of peace officers. AB 8tt is an important step forward to continue the relationship between peace officers and the public.”
   
3. Argument in Opposition: The Riverside Sheriffs’ Association states, “No need for this bill. The Attorney General currently has the authority to convene a task force to study the use of deadly force and develop recommendations and a model use of deadly force written policy for law enforcement agencies.”

REGISTERED SUPPORT / OPPOSITION:

Support

California Attorneys for Criminal Justice

Opposition

Riverside Sheriffs’ Association

Analysis Prepared by:

Gregory Pagan / PUB. S. / (916) 319-3744