Law enforcement agency policies: use of force: protests.

(1) Existing law requires, no later than January 1, 2021, each law enforcement agency to maintain a policy that provides a standard on the use of force by implementing various guidelines and procedures and to make that policy accessible to the public. Existing law also requires a uniformed peace officer to wear a badge, nameplate, or other device which bears clearly on its face the identification number or name of the officer. This bill would require each law enforcement agency to expand the agency's use of force policy to include clear and specific guidelines under which officers may use "kettling" or "corralling," as defined by the bill, and to prohibit officers from failing to wear, or intentionally acting to obscure or conceal information on, a badge while on duty. The bill would also require each agency's policy to prohibit law enforcement officers from using force on individuals engaged in, or members of the press covering, a lawful assembly or protest, as specified, and would further require the policy to require that an officer who is found to have intentionally violated this policy be suspended, as specified. By imposing additional duties on local law enforcement agencies, the bill would impose a state-mandated local program. (2) Existing law makes it a crime to willfully resist, delay, or obstruct any public officer, peace officer, or an emergency medical technician, as defined, in the discharge or attempt to discharge any duty of the office or employment, when no other punishment is prescribed. Existing law exempts from the scope of that crime a person who takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place the person has the right to be, and further provides that those acts do not constitute, in and of itself, commission of the crime proscribed, nor a reasonable suspicion to detain the person or probable cause to arrest the person. This bill would authorize a person who is detained or arrested for engaging in an act that is exempt as described above to recover actual damages, punitive damages not exceeding $25,000 per violation, and reasonable attorney's fees, in addition to any other remedy at law. If that person is detained or arrested in violation of specified law enforcement agency policies relating to the use of force, the bill would also authorize the person to recover additional punitive damages not exceeding $25,000 per violation and reasonable attorney's fees, in addition to any other remedy at law. (3) Existing law makes every person who participates in any rout or unlawful assembly guilty of a misdemeanor. This bill would instead make every person who participates in any rout or unlawful assembly guilty of an infraction. (4) 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.