Bill Text: CA AB619 | 2015-2016 | Regular Session | Amended
Bill Title: Reports: uses of force and deaths in law enforcement custody.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB619 Detail]
Download: California-2015-AB619-Amended.html
BILL NUMBER: AB 619 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 24, 2015
An act to amend Section 12525 of the Government Code, relating to
death records. law enforcement reports.
LEGISLATIVE COUNSEL'S DIGEST
AB 619, as amended, Weber. Death records:
Reports: uses of force and deaths in law enforcement custody.
Under existing law, when if a person
dies while in the custody of a law enforcement agency or while in
custody in a local or state correctional facility, the law
enforcement agency or the agency in charge of the correctional
facility is required to report in writing to the Attorney General,
within 10 days after the death, all facts in the possession of the
agency concerning the death. Existing law generally provides that
those writings are public records under the California Public Records
Act, and are open to public inspection pursuant to that act.
This bill would specify, for the purposes
described above, that "custody" includes, but is not limited to, any
point in time when a person's freedom of movement is curtailed or
limited by a peace officer, or when a person is led to believe, as a
reasonable person, that he or she is so deprived of the freedom to
move, such as during a stop, a stop and frisk, an interrogation, an
arrest, transport prior to booking, or correctional confinement.
Beginning January 1, 2018, the bill would require each state and
local agency that employs a peace officer to annually report to the
Attorney General data on the use of force by that agency's sworn
personnel. The bill would provide that "use of force" includes, among
other things, a use of force that results in, or contributes to, the
medical treatment or hospitalization of a person. The bill would
require the use of force reports and the death in custody reports
described above to include specified information, includ
ing, among other things, the time, date, and location of the use of
force or death. By imposing new duties on local agencies,
the bill would impose a state-mandated local program.
This bill would additionally require the Attorney
General to annually provide to the Legislature
issue a report summarizing the writings received pursuant
to the provisions described above. The bill would also
require the Attorney General to make those reports
available to the public by posting those reports on the Department of
Justice's Internet Web site. site, as
specified.
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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12525 of the Government Code is amended to
read:
12525. (a) When (1)
If a person dies while in the custody of any law enforcement
agency or while in custody in a local or state correctional facility
in this state, the law enforcement agency or the agency in charge of
the correctional facility shall report in writing to the Attorney
General, within 10 days after the death, all facts in the possession
of the law enforcement agency or agency in charge of the correctional
facility concerning the death. The report shall
comply with subdivision (c).
(2) For purposes of this section, "custody" includes, but is not
limited to, any point in time when a person's freedom of movement is
curtailed or limited by a peace officer, or when a person is led to
believe, as a reasonable person, that he or she is so deprived of the
freedom to move, such as during a stop, a stop and frisk, an
interrogation, an arrest, transport prior to booking, or correctional
confinement.
(b) (1) Beginning January 1, 2018, each state and local agency
that employs a peace officer shall annually report to the Attorney
General data on the use of force by that agency's sworn personnel.
The report shall comply with subdivision (c).
(2) For purposes of this section, "use of force" includes, but is
not limited to, any of the following:
(A) A use of force that results in, or contributes to, the medical
treatment or hospitalization of a person.
(B) The discharge of a firearm at a person.
(C) The use of an electronic control or conducted energy device on
a person.
(D) A strike by a baton or other instrument on a person.
(E) Any strike to a person's head, neck, or chest.
(c) The reports made to the Attorney General pursuant to
subdivisions (a) and (b) shall, at a minimum, include all of the
following information:
(1) The time, date, and location of the use of force or death.
(2) The setting in which the use of force or death occurred,
including, but not limited to, a traffic stop, pedestrian stop, or in
a correctional facility or other correctional setting.
(3) The characteristics of each peace officer involved in the use
of force or death, including, but not limited to, each officer's
race, ethnicity, gender, age, assignment, division or station, shift,
and whether the officer was in uniform.
(4) A description of any person upon whom a use of force, as
described in subdivision (b), was applied, or of the person who died.
A description of a person upon whom a use of force was applied shall
be based on the observation and perception of the peace officer who
used force, and the information shall not be requested from the
person upon whom force was used, unless otherwise required by law.
The description shall include, but not be limited to, all of the
following:
(A) The race, ethnicity, and age of the person.
(B) The sexuality and religion of the person, if any is perceived.
(C) Whether the person had limited English proficiency.
(D) Whether the person had any perceived mental or physical
disability, or preexisting injury or medical condition.
(E) Whether mental health personnel were called to the scene of
the use of force or death, and whether the personnel were called
before or after the use of force or death occurred.
(F) Whether the person was homeless.
(G) Whether the person was perceived to be under the influence of
alcohol or narcotics.
(5) If applicable, whether the officer previously stopped the
person upon whom force was used.
(6) Whether the person was armed, and, if the person was armed,
with what type of weapon.
(7) If applicable, details concerning any force used by a peace
officer, including, but not limited to, all of the following:
(A) The type of force used.
(B) Any injuries sustained by the person.
(C) The length of time between when force was used and when the
person received medical treatment.
(b)
(d) The writings described in subdivision
subdivisions (a) and (b) are public
records within the meaning of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), and are open to public inspection pursuant to that act.
(c)
(e) (1) Notwithstanding Section 10231.5, the
The Attorney General shall annually
provide the Legislature with issue a report
summarizing the writings received by the Attorney General pursuant to
subdivision (a). The report shall comply with Section 9795.
subdivisions (a) and (b).
(2) The reports described in paragraph (1) shall separately list
the statewide total number for each of the data collection criteria
specified in subdivision (c). The reports described in paragraph (1)
shall also separately disaggregate the total number for each of the
data collection criteria specified in subdivision (c) for each agency
that submits a report to the Attorney General pursuant to
subdivision (a) or (b).
(2)
(3) The Attorney General shall make the reports
described in paragraph (1) available to the public by posting those
reports in their entirety on the Department of Justice's
Internet Web site. The first reports shall be posted no later
than July 1, 2018. The reports shall remain posted on the Department
of Justice's Internet Web site in order to be available to the public
in an ongoing, continuous manner.
(d)
(f) This section does not authorize the disclosure of
confidential medical information that may have been submitted to the
Attorney General's office in conjunction with the writings described
in subdivision (a), subdivisions (a) and (b),
except as provided in Part 2.6 (commencing with Section 56) of
Division 1 of the Civil Code.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
