Shirley N. Weber
- Democratic
Author
Existing law authorizes a peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense to use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law specifies that a peace officer who is making an arrest need not retreat or desist from their efforts by reason of resistance or threatened resistance of the person being arrested. Existing law, except as specified, makes a public entity liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of employment if the act or omission would, apart from this provision, have given rise to a cause of action against that employee or their personal representative. This bill would remove the specification that a peace officer making an arrest need not desist in their efforts because of resistance or threatened resistance from the person being arrested. The bill would also require a peace officer to attempt to control an incident through deescalation tactics, as defined, in an effort to reduce or avoid the need to use force, to render medical aid immediately or as soon as feasible, and to intervene to stop a violation of law or an excessive use of force by another peace officer. Under existing law, a peace officer is justified in using deadly force only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. This bill would define "necessary" to mean that, as specified, there was no reasonable alternative to the use of deadly force that would prevent imminent death or serious bodily injury to the peace officer or to another person.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).
Read second time. Ordered to third reading.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
From inactive file.
Ordered to second reading.
Ordered to inactive file at the request of Senator Mitchell.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 10).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1773.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (May 8).
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 23).
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
Read first time.
From printer. May be heard in committee March 25.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1709 | HTML |
| 02/22/19 - Introduced | |
| 04/11/19 - Amended Assembly | |
| 04/25/19 - Amended Assembly | |
| 06/06/19 - Amended Senate | |
| 07/11/19 - Amended Senate | |
| 06/30/20 - Amended Senate | |
| 07/21/20 - Amended Senate |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.