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AB 392 - Increases Public Oversight and Police Accountability when Deadly Use of Force is Used - California Key Vote

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Title: Increases Public Oversight and Police Accountability when Deadly Use of Force is Used

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Title: Increases Public Oversight and Police Accountability when Deadly Use of Force is Used

Vote Smart's Synopsis:

Vote to pass a bill that increases public oversight and police accountability when deadly use of force is used.

Highlights:

 

  • Specifies that the use of physical force conferred on peace officers under this act is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity for the sanctity of every human life (Sec. 2).

  • Specifies that it is the intent of the legislature to ensure that peace officers use deadly force only when necessary to defend human life (Sec. 2).

  • Requires that the decision by a peace officer to use force shall be evaluated carefully and thoroughly from the perspective of a reasonable officer in the same situation, rather than with the benefit of hindsight, and with the knowledge that officers may be forced to make quick judgements concerning the use of force (Sec. 2).

  • Specifies that individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions due to their disability affecting their ability to understand or comply with commands (Sec. 2).

  • Authorizes a peace officer to be justified in using deadly force upon another person when the officer reasonably believes, based on the totality of circumstances, that such force is necessary under the following circumstances, including (Sec. 2):

    • 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 a felony that threatened or resulted in death or serious bodily injury.

  • Prohibits peace officers from using deadly force against a person based on the danger that that person poses to themselves if an objectively reasonable officer believes that the person does not pose an imminent threat of death or serious bodily injury to a peace officer or other individual (Sec. 2).

  • Defines “deadly force” to mean any force that creates a substantial risk of causing death or serious injury, including, but not limited to the discharge of a firearm (Sec. 2).

  • Defines that a threat of death or serious bodily injury shall be “imminent” when a peace officer, based on the totality of the circumstances, reasonably believes that the person in question has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury (Sec. 2).

  • Defines “totality of circumstances” to mean all the facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force (Sec. 2).

Title: Increases Public Oversight and Police Accountability when Deadly Use of Force is Used

Title: Increases Public Oversight and Police Accountability when Deadly Use of Force is Used

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