Law enforcement: use of force.
Summary
Existing law authorizes a peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense to use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law specifies that a peace officer who is making an arrest need not retreat or desist from their efforts by reason of resistance or threatened resistance of the person being arrested. Existing law, except as specified, makes a public entity liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of employment if the act or omission would, apart from this provision, have given rise to a cause of action against that employee or their personal representative. This bill would remove the specification that a peace officer making an arrest need not desist in their efforts because of resistance or threatened resistance from the person being arrested. The bill would also require a peace officer to attempt to control an incident through deescalation tactics, as defined, in an effort to reduce or avoid the need to use force, to render medical aid immediately or as soon as feasible, and to intervene to stop a violation of law or an excessive use of force by another peace officer. Under existing law, a peace officer is justified in using deadly force only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or 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. This bill would define "necessary" to mean that, as specified, there was no reasonable alternative to the use of deadly force that would prevent imminent death or serious bodily injury to the peace officer or to another person.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2019
Committee Review
Jul 2020
Assembly Passage
May 2019
Senate Passage
Governor
Introduced Feb 22, 2019
Last action Jul 21, 2020
Floor votes · Assembly May 16, 2019
How they voted
71–0
Passed · 6 other
Total votes 77
May 16, 2019
D
Democratic59
89% Yea
I
Independent1
100% Yea
R
Republican17
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
28
Key actions
8
Committee
9
Amendments
4
Jul 2, 2020
Committee
Re-referred to Com. on PUB. S.
upper
Jul 2, 2020
Committee
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).
upper
Jun 30, 2020
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 12, 2019
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Jul 10, 2019
Upper · Passed
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 10).
upper
May 29, 2019
Committee
Referred to Com. on HEALTH.
upper
May 16, 2019
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1773.)
lower
May 8, 2019
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (May 8).
lower
Apr 29, 2019
Committee
Re-referred to Com. on APPR.
lower
Apr 25, 2019
Lower · Passed
Read second time and amended.
lower
Apr 24, 2019
Lower · Passed
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 23).
lower
Apr 22, 2019
Committee
Re-referred to Com. on HEALTH.
lower
Mar 18, 2019
Committee
Referred to Com. on HEALTH.
lower
Feb 23, 2019
Lower · Passed
From printer. May be heard in committee March 25.
lower
Feb 22, 2019
Introduced
Introduced. To print.
lower
1 primary · 1 co-sponsor
Sponsors
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