Bill Text: CA AB284 | 2017-2018 | Regular Session | Amended
Bill Title: Department of Justice: officer-involved shootings: report.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2017-09-01 - In committee: Held under submission. [AB284 Detail]
Download: California-2017-AB284-Amended.html
|
Amended
IN
Senate
July 03, 2017 |
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Amended
IN
Assembly
April 17, 2017 |
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Amended
IN
Assembly
March 23, 2017 |
| Assembly Bill | No. 284 |
| Introduced by Assembly (Coauthor: Assembly Member Holden) (Coauthor: Senator Hueso) |
February 02, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law authorizes a peace officer who has reasonable cause to believe that a person to be arrested has committed a public offense to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance.
Existing law requires each law enforcement agency to annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of specified incidents, including an incident involving the shooting of a civilian by a peace officer or an incident involving the shooting of a peace officer by a civilian.
This bill would require the Department of Justice to
create an independent review unit, to be known as the Statewide Officer-Involved Shooting Investigation Team, within the office to investigate officer-involved shootings, but only to the extent that the Legislature appropriates funding for that purpose. The unit would consist of 3 teams located in 3 regions of the state. The bill would require the unit, upon request from a local law enforcement agency or the district attorney, to investigate and gather facts in incidents involving officer-involved shootings and to prepare and submit a written report, as specified. The bill would also require the Attorney General to post and maintain on the Department of Justice’s Internet Web site each written report prepared by the Statewide Officer-Involved Shooting Investigation Team unless information in the report is required by law to be kept confidential.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12525.4 is added to the Government Code, to read:12525.4.
(a) Pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2, the Department of Justice shall conduct a study of all or a sample of peace officer-involved shootings resulting in death or serious injury that occurred in California between January 1, 2015, and December 31, 2016. The department shall conduct a study of all or a sample of those incidences that includes, but is not limited to, all of the following:(a)The Department of Justice shall create an independent review unit within the office to investigate officer-involved shootings in accordance with this section.
(b)The unit created pursuant to subdivision (a) shall be known as the Statewide Officer-Involved Shooting Investigation Team. The unit shall consist of three separate teams: one team located in northern California, one team in central California, and one team in southern California.
(c)The unit created pursuant to this section shall do all of the following:
(1)Upon request from a local law enforcement agency or the
district attorney, investigate and gather facts in incidents involving officer-involved shootings.
(2)Upon conclusion of the independent review, submit the findings of the independent review and recommendations regarding whether to pursue criminal charges to the entity requesting the independent review.
(3)Prepare and submit a written report to the entity requesting the independent review, and to the district attorney and the law enforcement agency where the incident occurred, if one or both of those entities did not request the review. The written report shall include, at a
minimum, the following information:
(A)A statement of the facts.
(B)A detailed analysis and conclusion for each investigatory issue.
(C)Recommendations to modify the policies and practices of the law enforcement agency that employed the peace officer who was subject to investigation pursuant to this section, if appropriate.
(d)The Attorney General shall post and maintain on the Department of Justice’s Internet Web site each written report prepared by the Statewide Officer-Involved Shooting Investigation Team pursuant to this section, unless information in the report is required by law to be kept confidential.
(e)The Department of Justice shall implement the requirements of this section only to the extent that the Legislature appropriates funding for that purpose.
