AB 619

Bill Subjects

Abstract

Under existing law, 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, including, 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 issue a report summarizing the writings received pursuant to the provisions described above. The bill would 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, 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.