Bill Text: CA AB71 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 71 (Prior Session Legislation)

Bill Title: Criminal justice: reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-03 - Chaptered by Secretary of State - Chapter 462, Statutes of 2015. [AB71 Detail]

Download: California-2015-AB71-Chaptered.html

BILL NUMBER: AB 71	CHAPTERED
	BILL TEXT

	CHAPTER  462
	FILED WITH SECRETARY OF STATE  OCTOBER 3, 2015
	APPROVED BY GOVERNOR  OCTOBER 3, 2015
	PASSED THE SENATE  SEPTEMBER 8, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2015
	AMENDED IN SENATE  SEPTEMBER 3, 2015
	AMENDED IN SENATE  JULY 6, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Rodriguez

                        DECEMBER 18, 2014

   An act to add Section 12525.2 to the Government Code, relating to
criminal justice.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 71, Rodriguez. Criminal justice: reporting.
   Existing law requires each sheriff and police chief to annually
furnish a report to the Department of Justice on justifiable
homicides.
   This bill would require each law enforcement agency to annually
furnish to the Department of Justice a report of specified incidents
when a peace officer is involved in the use of force. The bill would
require that for each of these incidents, the report also include
specified information about that incident. The bill would require the
department to include a summary of the annual reports in its annual
crime report. By imposing new duties on local agencies, the 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 these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12525.2 is added to the Government Code, to
read:
   12525.2.  (a) Beginning January 1, 2017, each law enforcement
agency shall 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 the following:
   (1) An incident involving the shooting of a civilian by a peace
officer.
   (2) An incident involving the shooting of a peace officer by a
civilian.
   (3) An incident in which the use of force by a peace officer
against a civilian results in serious bodily injury or death.
   (4) An incident in which use of force by a civilian against a
peace officer results in serious bodily injury or death.
   (b) For each incident reported under subdivision (a), the
information reported to the Department of Justice shall include, but
not be limited to, all of the following:
   (1) The gender, race, and age of each individual who was shot,
injured, or killed.
   (2) The date, time, and location of the incident.
   (3) Whether the civilian was armed, and, if so, the type of
weapon.
   (4) The type of force used against the officer, the civilian, or
both, including the types of weapons used.
   (5) The number of officers involved in the incident.
   (6) The number of civilians involved in the incident.
   (7) A brief description regarding the circumstances surrounding
the incident, which may include the nature of injuries to officers
and civilians and perceptions on behavior or mental disorders.
   (c) Each year, the Department of Justice shall include a summary
of information contained in the reports received pursuant to
subdivision (a) in its annual crime report issued by the department
pursuant to Section 13010 of the Penal Code. This information shall
be classified according to the reporting law enforcement
jurisdiction. In cases involving a peace officer who is injured or
killed, the report shall list the officer's employing jurisdiction
and the jurisdiction where the injury or death occurred, if they are
not the same. This subdivision does not authorize the release to the
public of the badge number or other unique identifying information of
the peace officer involved.
   (d) For purposes of this section, "serious bodily injury" means a
bodily injury that involves a substantial risk of death,
unconsciousness, protracted and obvious disfigurement, or protracted
loss or impairment of the function of a bodily member or organ.
  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.