BILL NUMBER: AB 71	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 6, 2015
	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,
   12525.5 to the Government 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 
    This   bill would require each law enforcement
agency to annually furnish to the Department of Justice a report of
specified incidents when a peace officer is involved in the use of
force. The bill would require that for each of these incidents, the
report also include specified information about that incident. 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. 
   SECTION 1.    Section 12525.5 is added to the 
 Government Code   , to read:  
   12525.5.  (a) Beginning January 1, 2017, each law enforcement
agency shall annually furnish to the Department of Justice, in a
manner defined and prescribed by the Attorney General, a report of
all instances when a peace officer employed by that agency is
involved in any of the following:
   (1) An incident involving the shooting of a civilian by a peace
officer.
   (2) An incident involving the shooting of a peace officer by a
civilian.
   (3) An incident in which the use of force by a peace officer
against a civilian results in serious bodily injury or death.
   (4) An incident in which use of force by a civilian against a
peace officer results in serious bodily injury or death.
   (b) For each incident reported under subdivision (a), the
information reported to the Department of Justice shall include, but
not be limited to, all of the following:
   (1) The gender, race, and age of each individual who was shot,
injured, or killed.
   (2) The date, time, and location of the incident.
   (3) Whether the civilian was armed, and, if so, the type of
weapon.
   (4) The type of force used against the officer, the civilian, or
both, including the types of weapons used.
   (5) The number of officers involved in the incident.
   (6) The number of civilians involved in the incident.
   (7) A brief description regarding the circumstances surrounding
the incident, which may include the nature of injuries to officers
and civilians and perceptions on behavior or mental disorders.
   (c) 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.
   (d) For purposes of this section, "serious bodily injury" means a
bodily injury that involves a substantial risk of death,
unconsciousness, protracted and obvious disfigurement, or protracted
loss or impairment of the function of a bodily member or organ. 

  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.