BILL NUMBER: AB 71 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Rodriguez
DECEMBER 18, 2014
An act to add Section 13022.5 to the Penal Code, relating to
criminal justice.
LEGISLATIVE COUNSEL'S DIGEST
AB 71, as amended, Rodriguez. Criminal justice: reporting.
Existing law requires each sheriff and police chief to annually
furnish a report to the Department of Justice on justifiable
homicides.
This bill would require each sheriff and police chief to annually
furnish a report to the Department of Justice on shootings that
involve peace officers and result in the injury or death of an
individual or a peace officer. The bill would require the agency
to report the number of cases that resulted in criminal prosecution
for instances when an individual is injured or killed. The bill would
require the department to include a summary of the annual reports in
its annual crime report. By imposing new duties on local
agencies, the bill would impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13022.5 is added to the Penal Code, to read:
13022.5. (a) Each sheriff and chief of
police shall annually furnish to the Department of Justice, in the
manner prescribed by the Attorney General, a report of all instances
when a peace officer is involved in shootings that occur in his or
her jurisdiction where an individual or a peace officer is injured or
killed. In instances where an individual is killed or injured,
the agency shall report the number of cases that resulted in criminal
prosecution. In cases where both a sheriff and chief of police
would be required to report an officer involved shooting under this
section, only the chief of police shall report the instance.
(b) Each year, the Department of Justice shall include a summary
of information contained in the reports received pursuant to
subdivision (a) in its annual crime report issued by the department
pursuant to Section 13010. This information shall be classified
according to the reporting law enforcement jurisdiction. In cases
involving a peace officer who is injured or killed, the report shall
list the officer's employing jurisdiction and the jurisdiction where
the injury or death occurred, if they are not the same.
SEC. 2. If the Commission on State Mandates determines that this
act contains 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.