Model Legislation

State of California – AB 392 – An Act to Amend Sections 196 and 835a of the Penal Code, Relating to Peace Officers
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Committee of Jurisdiction: Law, Justice, Ethics


Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law does not require an officer to retreat or desist from an attempt to make an arrest because of resistance or threatened resistance of the person being arrested. Under existing law, a homicide committed by a peace officer is justifiable when necessarily committed in arresting a person who has committed a felony and the person is fleeing or resisting such arrest. Existing case law deems such a homicide to be a seizure under the Fourth Amendment of the Constitution of the United States, and as such, requires
the actions to be reasonable.

State Action


NBCSL Member Sponsor(s):
  • Asm. Shirley Weber (CA)
  • Sen. Steven Bradford (CA)
  • Sen. Holly Mitchell (CA)
  • Asm. Chris Holden (CA)

Summary: Police officers should only use deadly force when necessary. It is a common-sense bill modeled after best practices already in place in some departments - and that we know work to reduce police killings and save lives.
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