State of California General Assembly BIll Assembly Bill No. 392 - An act to amend Sections 196 and 835a of the Penal Code, relating to peace officers.

Committee of Jurisdiction: Law, Justice, Ethics

Introduction

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 Assemblymember Shirley Weber (CA) was the leader and motivator championing the passage of this bill that have resulted in drastic changes regarding the topic of Peace officers and deadly force.

CALIFORNIA

Assembly Bill 392 (2019), An act to amend Sections 196 and 835a of the Penal Code, relating to peace officers.
CA-AB 392 NBCSL Member Sponsor: Assem. Shirley Weber (CA)

NBCSL Member Co-Sponsors: Sen. Steven Bradford (CA), Sen. Holly Mitchell (CA), and Assem. Chris Holden

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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