Peace officers: use of force.
Summary
Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. This bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. By requiring local agencies to amend use of force policies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2019
Committee Review
Aug 2020
Assembly Passage
Jan 2020
Senate Passage
Aug 2020
Signed into Law
Sep 2020
Introduced Feb 21, 2019
Signed Sep 30, 2020
Floor votes · Senate Aug 30, 2020 · Assembly Jan 30, 2020
How they voted
30–1
Passed · 4 other
Total votes 35
Aug 30, 2020
D
Democratic26
100% Yea
R
Republican9
44% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
36
Key actions
11
Committee
13
Amendments
5
Sep 30, 2020
Signed into law
Approved by the Governor.
legislature
Aug 31, 2020
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 0. Page 5487.).
lower
Aug 31, 2020
Committee
Action rescinded whereby the bill was re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.
lower
Aug 30, 2020
Committee
Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.
lower
Aug 30, 2020
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 30, 2020
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 1.).
upper
Aug 24, 2020
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 20, 2020
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 1.) (August 20).
upper
Aug 17, 2020
Committee
In committee: Referred to APPR. suspense file.
upper
Aug 8, 2020
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (August 7). Re-referred to Com. on APPR.
upper
Jul 1, 2020
Committee
Re-referred to Com. on PUB. S.
upper
Jun 17, 2020
Committee
Referred to Com. on RLS.
upper
Jan 30, 2020
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 12. Page 3941.)
lower
May 16, 2019
Lower · Passed
From committee: Do pass. (Ayes 13. Noes 4.) (May 16).
lower
May 8, 2019
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 30, 2019
Committee
Re-referred to Com. on APPR.
lower
Apr 29, 2019
Lower · Passed
Read second time and amended.
lower
Apr 25, 2019
Lower · Passed
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 24).
lower
Mar 27, 2019
Committee
Re-referred to Com. on ED.
lower
Mar 25, 2019
Committee
Referred to Com. on ED.
lower
Feb 22, 2019
Lower · Passed
From printer. May be heard in committee March 24.
lower
1 primary · 39 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mike Gipson
DDemocratic
Co
Adrin Nazarian
DDemocratic
Co
Anna Caballero
DDemocratic
Co
Anthony Rendon
DDemocratic
Co
Ash Kalra
DDemocratic
Co
Autumn R. Burke
DDemocratic
Co
Bill Dodd
DDemocratic
Co
Bob Archuleta
DDemocratic
Co
Chris Holden
DDemocratic
Co
David Chiu
DDemocratic
Co
Eduardo Garcia
DDemocratic
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