BILL NUMBER: SB 719 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 7, 2005
PASSED THE ASSEMBLY SEPTEMBER 6, 2005
AMENDED IN ASSEMBLY SEPTEMBER 2, 2005
AMENDED IN ASSEMBLY AUGUST 25, 2005
AMENDED IN SENATE MAY 19, 2005
AMENDED IN SENATE MAY 5, 2005
AMENDED IN SENATE APRIL 21, 2005
AMENDED IN SENATE APRIL 5, 2005
INTRODUCED BY Senators Romero and Margett
(Principal coauthor: Senator Alquist)
(Coauthor: Senator Aanestad)
FEBRUARY 22, 2005
An act to amend Section 13955 of the Government Code, to amend
Section 13519.8 of the Penal Code, and to amend Sections 2800.1,
2800.3, and 14602.1 of, to add Sections 1666.1 and 2911 to, and to
amend, repeal, and add Section 17004.7 of, the Vehicle Code, relating
to vehicles, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 719, Romero Police pursuits.
(1) Existing law provides for compensation to crime victims, as
specified, from the Restitution Fund, a continuously appropriated
fund.
This bill would include as qualifying as a crime victim for those
purposes, injury or death caused by any party where a peace officer
is operating a motor vehicle in an effort to apprehend a suspect, and
the suspect is evading, fleeing, or otherwise attempting to elude
the peace officer.
By expanding the uses of a continuously appropriated fund, this
bill would make an appropriation.
(2) Existing law requires the Commission on Peace Officer
Standards and Training to implement a course or courses of
instruction for the training of law enforcement officers in the
handling of high-speed vehicle pursuits and to develop uniform,
minimum guidelines for adoption by California law enforcement
agencies for response to high-speed vehicle pursuits, as specified.
Existing law expresses the intent of the Legislature that all local
law enforcement agencies adopt those guidelines as a minimum for the
agency's pursuit policy.
This bill, instead, would express the intent of the Legislature
that each law enforcement agency adopt, promulgate, and require
regular and periodic training consistent with an agency's specific
pursuit policy that, at a minimum, complies with the commission's
guidelines.
(3) Existing law specifies certain content for the California
Driver's Handbook and examinations for a driver's license.
This bill would require the Department of Motor Vehicles, upon
updating the handbook, to include at least one question in any of the
noncommercial driver's license examinations of an applicant's
knowledge and understanding to verify that the applicant has an
understanding of the risks and punishments associated with eluding a
pursuing peace officer's motor vehicle.
(4) Existing law makes it a misdemeanor, punishable by
imprisonment in a county jail not exceeding 6 months, for any person
while operating a motor vehicle to intentionally evade and willfully
flee or otherwise attempt to elude a pursuing peace officer's motor
vehicle or bicycle under certain conditions.
This bill would make that offense a misdemeanor punishable by
imprisonment in a county jail not exceeding one year. By increasing
the punishment for a crime, this bill would impose a state-mandated
local program.
(5) Existing law makes it a misdemeanor punishable by confinement
in a county jail for not more than one year or a felony punishable by
imprisonment in the state prison for 3, 4, or 5 years or a specified
fine for any person who commits the offense described in (4) above
and proximately causes serious bodily injury, as defined, or death to
any person.
This bill would increase the term of imprisonment in the state
prison as follows:
(a) A term of 3, 5, or 7 years or the specified fine, or both the
fine and imprisonment where the offense involves serious bodily
injury.
(b) A term of 4, 6, or 10 years in the state prison where the
offense involves a death.
(6) Existing law establishes the California Traffic Safety
Program, to include state and local programs, as specified.
This bill would require all traffic safety programs that receive
state funds and that include public awareness campaigns involving
emergency vehicle operations to include in the public awareness
campaign, information on the risks to public safety of peace officer
motor vehicle pursuits, and the penalties that may result from
evading a peace officer.
(7) Existing law requires each state and local law enforcement
agency to report to the Department of the California Highway Patrol,
on a form approved by the department, certain specific vehicle
pursuit data, including, but not limited to, certain required data.
This bill instead would require the department to develop and
approve a paper or electronic form that includes additional data, and
would require that the report be made to the department no later
than 30 days following a police pursuit, thereby imposing a
state-mandated local program by increasing the level of services
imposed on local law enforcement agencies.
The bill would additionally require the Department of the
California Highway Patrol to submit annually to the Legislature a
report regarding motor vehicle pursuits.
(8) Existing law provides that any public agency employing peace
officers that adopts a written policy on vehicular pursuits that
meets certain minimum standards, as specified, shall be immune from
liability for civil damages for personal injury to or death of any
person or damage to property resulting from the collision of a
vehicle being operated by an actual or suspected violator of the law
who is being has been, or believes he or she is being or has been
pursued by a peace officer employed by the public entity in a motor
vehicle. Existing law makes the adoption of a vehicle pursuit policy
pursuant to these provisions discretionary.
This bill would revise the minimum standards required for a
written policy for the safe conduct of motor vehicle pursuits. These
provisions would become operative on July 1, 2007.
(9) This bill also would incorporate additional changes in Section
13955 of the Government Code, to become operative only if AB 22 and
this bill are both enacted and become effective on or before January
1, 2006, and this bill is enacted last.
(10) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Thousands of crime suspects flee each year often resulting in
law enforcement officers in California engaging in motor vehicle
pursuits. Many pursuits result in accidents, property damage, serious
injuries, and death to innocent third parties, peace officers, and
fleeing suspects.
(b) Motor vehicle pursuits of fleeing suspects present inescapable
and inherent risks that sometimes offend public sensibilities.
(c) According to statistics from the National Highway Safety
Administration, California has consistently led the nation in the
past 20 years in fatalities from crashes involving these pursuits.
(d) California leads the nation in the number of innocent
bystanders killed in these pursuits. A study by the National Highway
Traffic Safety Administration indicates that in 2003 there were 46
deaths in California that resulted from high speed police pursuits of
fleeing suspects. Twelve of the 46 deaths were innocent bystanders.
Eighteen were passengers in the pursued vehicle, 15 were fleeing
suspects, and one was a peace officer.
(e) Pursuit driving is a dangerous activity that must be
undertaken with due care and with the understanding of specific risks
as well as the need for a realistic proportionate response to
apprehend a fleeing suspect who poses a danger to the public.
(f) Current law provides that a person operating a motor vehicle
who is negligent in its operation may be liable for civil damages
pursuant to Section 17150 of the Vehicle Code.
(g) The primary function of all law enforcement agencies is to
protect the public against personal injury, death, or property
damage.
(h) It is, therefore, the intent of the Legislature to enact
legislation that guides instances where law enforcement pursuits are
warranted so as to protect the public safety, lives, and property of
the people of the State of California.
(i) It is also the intent of the Legislature to decrease peace
officer motor vehicle pursuits through public education, enforcement,
and regular and periodic training of peace officers.
(j) It is also the intent of the Legislature in enacting this act
to eliminate any unnecessary risks that evolve from peace officer
motor vehicle pursuits, and to ensure that law enforcement pursuits
are conducted in the safest and most effective approach throughout
California.
SEC. 2. Section 13955 of the Government Code is amended to read:
13955. Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements are
met:
(a) The person for whom compensation is being sought is any of the
following:
(1) A victim.
(2) A derivative victim.
(3) A person who is entitled to reimbursement for funeral, burial,
or crime scene cleanup expenses pursuant to subdivision (i) of
Section 13957.
(b) Either of the following conditions is met:
(1) The crime occurred within the State of California, whether or
not the victim is a resident of the State of California. This
paragraph shall apply only during those time periods during which the
board determines that federal funds are available to the State of
California for the compensation of victims of crime.
(2) Whether or not the crime occurred within the State of
California, the victim was any of the following:
(A) A resident of the State of California.
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in California.
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of California, or resident of another
state, who is any of the following:
(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the
victim.
(3) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in paragraph (1).
(4) Is another family member of the victim, including, but not
limited to, the victim's fiance or fiancee, and who witnessed the
crime.
(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.
(2) Notwithstanding paragraph (1), no act involving the operation
of a motor vehicle, aircraft, or water vehicle that results in injury
or death constitutes a crime for the purposes of this chapter,
except when the injury or death from such an act was any of the
following:
(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic
beverage or drug.
(D) Caused by a driver of a motor vehicle in the immediate act of
fleeing the scene of a crime in which he or she knowingly and
willingly participated.
(E) Caused by a person who commits vehicular manslaughter in
violation of subdivision (c) of Section 192 or Section 192.5 of the
Penal Code.
(F) Caused by any party where a peace officer is operating a motor
vehicle in an effort to apprehend a suspect, and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative
victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been
the witness of a crime of domestic violence has sustained physical
injury. A child who resides in a home where a crime or crimes of
domestic violence have occurred may be presumed by the board to have
sustained physical injury, regardless of whether the child has
witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of
the following provisions:
(A) Section 261, 262, 271, 273a, 273d, 285, 286, 288, 288a, 288.5,
or 289, or subdivision (b) or (c) of Section 311.4, of the Penal
Code.
(B) Section 270 of the Penal Code, where the emotional injury was
a result of conduct other than a failure to pay child support, and
criminal charges were filed.
(C) Section 261.5 of the Penal Code, and criminal charges were
filed.
(D) Section 278 or 278.5 of the Penal Code, where the deprivation
of custody as described in those sections has endured for 30 calendar
days or more. For purposes of this paragraph, the child, and not the
nonoffending parent or other caretaker, shall be deemed the victim.
(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957 to
13957.9, inclusive.
SEC. 3. Section 13955 of the Government Code is amended to read:
13955. Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements are
met:
(a) The person for whom compensation is being sought is any of the
following:
(1) A victim.
(2) A derivative victim.
(3) A person who is entitled to reimbursement for funeral, burial,
or crime scene cleanup expenses pursuant to subdivision (i) of
Section 13957.
(b) Either of the following conditions is met:
(1) The crime occurred within the State of California, whether or
not the victim is a resident of the State of California. This
paragraph shall apply only during those time periods during which the
board determines that federal funds are available to the State of
California for the compensation of victims of crime.
(2) Whether or not the crime occurred within the State of
California, the victim was any of the following:
(A) A resident of the State of California.
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in California.
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of California, or resident of another
state, who is any of the following:
(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the
victim.
(3) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in paragraph (1).
(4) Is another family member of the victim, including, but not
limited to, the victim's fiance or fiancee, and who witnessed the
crime.
(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.
(2) Notwithstanding paragraph (1), no act involving the operation
of a motor vehicle, aircraft, or water vehicle that results in injury
or death constitutes a crime for the purposes of this chapter,
except when the injury or death from such an act was any of the
following:
(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic
beverage or drug.
(D) Caused by a driver of a motor vehicle in the immediate act of
fleeing the scene of a crime in which he or she knowingly and
willingly participated.
(E) Caused by a person who commits vehicular manslaughter in
violation of subdivision (c) of Section 192 or Section 192.5 of the
Penal Code.
(F) Caused by any party where a peace officer is operating a motor
vehicle in an effort to apprehend a suspect, and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative
victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been
the witness of a crime of domestic violence has sustained physical
injury. A child who resides in a home where a crime or crimes of
domestic violence have occurred may be presumed by the board to have
sustained physical injury, regardless of whether the child has
witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of
the following provisions:
(A) Section 261, 262, 271, 273a, 273d, 285, 286, 288, 288a, 288.5,
or 289, or subdivision (b) or (c) of Section 311.4, of the Penal
Code.
(B) Section 270 of the Penal Code, where the emotional injury was
a result of conduct other than a failure to pay child support, and
criminal charges were filed.
(C) Section 261.5 of the Penal Code, and criminal charges were
filed.
(D) Section 278 or 278.5 of the Penal Code, where the deprivation
of custody as described in those sections has endured for 30 calendar
days or more. For purposes of this paragraph, the child, and not the
nonoffending parent or other caretaker, shall be deemed the victim.
(E) Section 236.1 of the Penal Code, where the emotional injury
was a result of human trafficking and one of the following occurred:
(i) Criminal charges were filed.
(ii) The victim received a Law Enforcement Agency Endorsement
pursuant to Section 236.2 of the Penal Code.
(iii) A human trafficking caseworker, as identified in Section
1038.2 of the Evidence Code, has attested by affidavit that the
individual was a victim of human trafficking.
(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957 to
13957.9, inclusive.
SEC. 4. Section 13519.8 of the Penal Code is amended to read:
13519.8. (a) (1) The commission shall implement a course or
courses of instruction for the regular and periodic training of law
enforcement officers in the handling of high-speed vehicle pursuits
and shall also develop uniform, minimum guidelines for adoption and
promulgation by California law enforcement agencies for response to
high-speed vehicle pursuits. The guidelines and course of instruction
shall stress the importance of vehicle safety and protecting the
public at all times, include a regular assessment of law enforcement'
s vehicle pursuit policies, practices, and training, and recognize
the need to balance the known offense and the need for immediate
capture against the risks to officers and other citizens of a
high-speed pursuit. These guidelines shall be a resource for each
agency executive to use in the creation of a specific pursuit policy
that the agency is encouraged to adopt and promulgate, and that
reflects the needs of the agency, the jurisdiction it serves, and the
law.
(2) As used in this section, "law enforcement officer" includes
any peace officer of a local police or sheriff's department or the
California Highway Patrol, or of any other law enforcement agency
authorized by law to conduct vehicular pursuits.
(b) The course or courses of basic training for law enforcement
officers and the guidelines shall include adequate consideration of
each of the following subjects:
(1) When to initiate a pursuit.
(2) The number of involved law enforcement units permitted.
(3) Responsibilities of primary and secondary law enforcement
units.
(4) Driving tactics.
(5) Helicopter assistance.
(6) Communications.
(7) Capture of suspects.
(8) Termination of a pursuit.
(9) Supervisory responsibilities.
(10) Blocking, ramming, boxing, and roadblock procedures.
(11) Speed limits.
(12) Interjurisdictional considerations.
(13) Conditions of the vehicle, driver, roadway, weather, and
traffic.
(14) Hazards to uninvolved bystanders or motorists.
(15) Reporting and postpursuit analysis.
(c) (1) All law enforcement officers who have received their basic
training before January 1, 1995, shall participate in supplementary
training on high-speed vehicle pursuits, as prescribed and certified
by the commission.
(2) Law enforcement agencies are encouraged to include, as part of
their advanced officer training program, periodic updates and
training on high-speed vehicle pursuit. The commission shall assist
where possible.
(d) (1) The course or courses of instruction, the learning and
performance objectives, the standards for the training, and the
guidelines shall be developed by the commission in consultation with
appropriate groups and individuals having an interest and expertise
in the field of high-speed vehicle pursuits. The groups and
individuals shall include, but not be limited to, law enforcement
agencies, police academy instructors, subject matter experts, and
members of the public.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine the
ways in which high-speed pursuit training may be included as part of
ongoing programs.
(e) It is the intent of the Legislature that each law enforcement
agency adopt, promulgate, and require regular and periodic training
consistent with an agency's specific pursuit policy that, at a
minimum, complies with the guidelines developed under subdivisions
(a) and (b).
SEC. 5. Section 1666.1 is added to the Vehicle Code, to read:
1666.1. Upon updating the California Driver's Handbook, the
department shall include at least one question in any of the
noncommercial driver's license examinations, as administered under
Section 12804.9, of an applicant's knowledge and understanding of
this code, to verify that the applicant has an understanding of the
risks and punishments associated with eluding a pursuing officer's
motor vehicle.
SEC. 6. Section 2800.1 of the Vehicle Code is amended to read:
2800.1. (a) Any person who, while operating a motor vehicle and
with the intent to evade, willfully flees or otherwise attempts to
elude a pursuing peace officer's motor vehicle, is guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than one year if all of the following conditions exist:
(1) The peace officer's motor vehicle is exhibiting at least one
lighted red lamp visible from the front and the person either sees or
reasonably should have seen the lamp.
(2) The peace officer's motor vehicle is sounding a siren as may
be reasonably necessary.
(3) The peace officer's motor vehicle is distinctively marked.
(4) The peace officer's motor vehicle is operated by a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, and that peace officer is
wearing a distinctive uniform.
(b) Any person who, while operating a motor vehicle and with the
intent to evade, willfully flees or otherwise attempts to elude a
pursuing peace officer's bicycle, is guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than one
year if the following conditions exist:
(1) The peace officer's bicycle is distinctively marked.
(2) The peace officer's bicycle is operated by a peace officer, as
defined in paragraph (4) of subdivision (a), and that peace officer
is wearing a distinctive uniform.
(3) The peace officer gives a verbal command to stop.
(4) The peace officer sounds a horn that produces a sound of at
least 115 decibels.
(5) The peace officer gives a hand signal commanding the person to
stop.
(6) The person is aware or reasonably should have been aware of
the verbal command, horn, and hand signal, but refuses to comply with
the command to stop.
SEC. 7. Section 2800.3 of the Vehicle Code is amended to read:
2800.3. (a) Whenever willful flight or attempt to elude a
pursuing peace officer in violation of Section 2800.1 proximately
causes serious bodily injury to any person, the person driving the
pursued vehicle, upon conviction, shall be punished by imprisonment
in the state prison for three, five, or seven years, by imprisonment
in a county jail for not more than one year, or by a fine of not less
than two thousand dollars ($2,000) nor more than ten thousand
dollars ($10,000), or by both that fine and imprisonment.
(b) Whenever willful flight or attempt to elude a pursuing peace
officer in violation of Section 2800.1 proximately causes death to a
person, the person driving the pursued vehicle, upon conviction,
shall be punished by imprisonment in the state prison for a term of
4, 6, or 10 years.
(c) Nothing in this section shall preclude the imposition of a
greater sentence pursuant to Section 190 of the Penal Code or any
other provisions of law applicable to punishment for an unlawful
death.
(d) For the purposes of this section, "serious bodily injury" has
the same meaning as defined in paragraph (4) of subdivision (f) of
Section 243 of the Penal Code.
SEC. 8. Section 2911 is added to the Vehicle Code, to read:
2911. All traffic safety programs that receive state funds and
that include public awareness campaigns involving emergency vehicle
operations shall include in the public awareness campaign,
information on the risks to public safety of peace officer motor
vehicle pursuits, and the penalties that may result from evading a
peace officer.
SEC. 9. Section 14602.1 of the Vehicle Code is amended to read:
14602.1. (a) Every state and local law enforcement agency,
including, but not limited to, city police departments and county
sheriffs' offices, shall report to the Department of the California
Highway Patrol, on a paper or electronic form developed and approved
by the Department of the California Highway Patrol, all motor vehicle
pursuit data.
(b) Effective January 1, 2006, the form shall require the
reporting of all motor vehicle pursuit data, which shall include, but
not be limited to, all of the following:
(1) Whether any person involved in a pursuit or a subsequent
arrest was injured, specifying the nature of that injury. For all
purposes of this section, the form shall differentiate between the
suspect driver, a suspect passenger, and the peace officers involved.
(2) The violations that caused the pursuit to be initiated.
(3) The identity of the peace officers involved in the pursuit.
(4) The means or methods used to stop the suspect being pursued.
(5) All charges filed with the court by the district attorney.
(6) The conditions of the pursuit, including, but not limited to,
all of the following:
(A) Duration.
(B) Mileage.
(C) Number of peace officers involved.
(D) Maximum number of law enforcement vehicles involved.
(E) Time of day.
(F) Weather conditions.
(G) Maximum speeds.
(7) Whether a pursuit resulted in a collision, and a resulting
injury or fatality to an uninvolved third party, and the
corresponding number of persons involved.
(8) Whether the pursuit involved multiple law enforcement
agencies.
(9) How the pursuit was terminated.
(c) In order to minimize costs, the department, upon updating the
form, shall update the corresponding database to include all of the
reporting requirements specified in subdivision (b).
(d) All motor vehicle pursuit data obtained pursuant to
subdivision (b) shall be submitted to the Department of the
California Highway Patrol no later than 30 days following a motor
vehicle pursuit.
(e) The Department of the California Highway Patrol shall submit
annually to the Legislature a report that includes, but is not
limited to, the following information:
(1) The number of motor vehicle pursuits reported to the
Department of the California Highway Patrol during that year.
(2) The number of those motor vehicle pursuits that reportedly
resulted in a collision in which an injury or fatality to an
uninvolved third party occurred.
(3) The total number of uninvolved third parties who were injured
or killed as a result of those collisions during that year.
SEC. 10. Section 17004.7 of the Vehicle Code is amended to read:
17004.7. (a) The immunity provided by this section is in addition
to any other immunity provided by law. The adoption of a policy by a
public agency pursuant to this section is discretionary.
(b) A public agency employing peace officers that adopts a written
policy on vehicular pursuits complying with subdivision (c) is
immune from liability for civil damages for personal injury to or
death of any person or damage to property resulting from the
collision of a vehicle being operated by an actual or suspected
violator of the law who is being, has been, or believes he or she is
being or has been, pursued in a motor vehicle by a peace officer
employed by the public entity.
(c) If the public entity has adopted a policy for the safe conduct
of vehicular pursuits by peace officers, it shall meet all of the
following minimum standards:
(1) It provides that, if available, there be supervisory control
of the pursuit.
(2) It provides procedures for designating the primary pursuit
vehicle and for determining the total number of vehicles to be
permitted to participate at one time in the pursuit.
(3) It provides procedures for coordinating operations with other
jurisdictions.
(4) It provides guidelines for determining when the interests of
public safety and effective law enforcement justify a vehicular
pursuit and when a vehicular pursuit should not be initiated or
should be terminated.
(d) A determination of whether a policy adopted pursuant to
subdivision (c) complies with that subdivision is a question of law
for the court.
(e) This section shall become inoperative on July 1, 2007, and, as
of January 1, 2008, is repealed, unless a later enacted statute that
is enacted before January 1, 2008, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 11. Section 17004.7 is added to the Vehicle Code, to read:
17004.7. (a) The immunity provided by this section is in addition
to any other immunity provided by law. The adoption of a vehicle
pursuit policy by a public agency pursuant to this section is
discretionary.
(b) (1) A public agency employing peace officers that adopts and
promulgates a written policy on, and provides regular and periodic
training on an annual basis for, vehicular pursuits complying with
subdivisions (c) and (d) is immune from liability for civil damages
for personal injury to or death of any person or damage to property
resulting from the collision of a vehicle being operated by an actual
or suspected violator of the law who is being, has been, or believes
he or she is being or has been, pursued in a motor vehicle by a
peace officer employed by the public entity.
(2) Promulgation of the written policy under paragraph (1) shall
include, but is not limited to, a requirement that all peace officers
of the public agency certify in writing that they have received,
read, and understand the policy. The failure of an individual officer
to sign a certification shall not be used to impose liability on an
individual officer or a public entity.
(c) A policy for the safe conduct of motor vehicle pursuits by
peace officers shall meet all of the following minimum standards:
(1) Determine under what circumstances to initiate a pursuit. The
policy shall define a "pursuit," articulate the reasons for which a
pursuit is authorized, and identify the issues that should be
considered in reaching the decision to pursue. It should also address
the importance of protecting the public and balancing the known or
reasonably suspected offense, and the apparent need for immediate
capture against the risks to peace officers, innocent motorists, and
others to protect the public.
(2) Determine the total number of law enforcement vehicles
authorized to participate in a pursuit. Establish the authorized
number of law enforcement units and supervisors who may be involved
in a pursuit, describe the responsibility of each authorized unit and
the role of each peace officer and supervisor, and specify if and
when additional units are authorized.
(3) Determine the communication procedures to be followed during a
pursuit. Specify pursuit coordination and control procedures and
determine assignment of communications responsibility by unit and
organizational entity.
(4) Determine the role of the supervisor in managing and
controlling a pursuit. Supervisory responsibility shall include
management and control of a pursuit, assessment of risk factors
associated with a pursuit, and when to terminate a pursuit.
(5) Determine driving tactics and the circumstances under which
the tactics may be appropriate.
(6) Determine authorized pursuit intervention tactics. Pursuit
intervention tactics include, but are not limited to, blocking,
ramming, boxing, and roadblock procedures. The policy shall specify
under what circumstances and conditions each approved tactic is
authorized to be used.
(7) Determine the factors to be considered by a peace officer and
supervisor in determining speeds throughout a pursuit. Evaluation
shall take into consideration public safety, peace officer safety,
and safety of the occupants in a fleeing vehicle.
(8) Determine the role of air support, where available. Air
support shall include coordinating the activities of resources on the
ground, reporting on the progress of a pursuit, and providing peace
officers and supervisors with information to evaluate whether or not
to continue the pursuit.
(9) Determine when to terminate or discontinue a pursuit. Factors
to be considered include, but are not limited to, all of the
following:
(A) Ongoing evaluation of risk to the public or pursuing peace
officer.
(B) The protection of the public, given the known or reasonably
suspected offense and apparent need for immediate capture against the
risks to the public and peace officers.
(C) Vehicular or pedestrian traffic safety and volume.
(D) Weather conditions.
(E) Traffic conditions.
(F) Speeds.
(G) Availability of air support.
(H) Procedures when an offender is identified and may be
apprehended at a later time or when the location of the pursuit
vehicle is no longer known.
(10) Determine procedures for apprehending an offender following a
pursuit. Safety of the public and peace officers during the law
enforcement effort to capture an offender shall be an important
factor.
(11) Determine effective coordination, management, and control of
interjurisdictional pursuits. The policy shall include, but shall not
be limited to, all of the following:
(A) Supervisory control and management of a pursuit that enters
another jurisdiction.
(B) Communications and notifications among the agencies involved.
(C) Involvement in another jurisdiction's pursuit.
(D) Roles and responsibilities of units and coordination,
management, and control at the termination of an interjurisdictional
pursuit.
(12) Reporting and postpursuit analysis as required by Section
14602.1. Establish the level and procedures of postpursuit analysis,
review, and feedback. Establish procedures for written postpursuit
review and followup.
(d) "Regular and periodic training" under this section means
annual training that shall include, at a minimum, coverage of each of
the subjects and elements set forth in subdivision (c) and that
shall comply, at a minimum, with the training guidelines established
pursuant to Section 13519.8 of the Penal Code.
(e) The requirements of subdivision (c) represent minimum policy
standards and do not limit an agency from adopting additional policy
requirements. The requirements in subdivision (c) are consistent with
the 1995 California Law Enforcement Vehicle Pursuit Guidelines
developed by the Commission on Peace Officer Standards and Training
pursuant to Section 13519.8 of the Penal Code that will assist
agencies in the development of their pursuit policies. Nothing in
this section precludes the adoption of a policy that limits or
restricts pursuits.
(f) A determination of whether a public agency has complied with
subdivisions (c) and (d) is a question of law for the court.
(g) This section shall become operative on July 1, 2007.
SEC. 12. Section 3 of this bill incorporates amendments to Section
13955 of the Government Code proposed by both this bill and AB 22.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2006, (2) each bill amends
Section 13955 of the Government Code, and (3) this bill is enacted
after AB 22, in which case Section 2 of this bill shall not become
operative.
SEC. 13. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.