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 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:
Sectionbegin delete 12525.5end deletebegin insert 12525.2end insert is added to the 2Government Code, to read:
(a) Beginning January 1, 2017, each law enforcement
5agency shall annually furnish to the Department of Justice, in a
6manner defined and prescribed by the Attorney General, a report
7of all instances when a peace officer employed by that agency is
8involved in any of the following:
9(1) An incident involving the shooting of a civilian by a peace
10officer.
11(2) An incident involving the shooting of a peace officer by a
12civilian.
13(3) An incident in which the use of force by a peace officer
14against a civilian results in serious bodily injury or death.
15(4) An incident in which use of force by a civilian against a
16peace officer results in serious bodily injury or death.
17(b) For each incident reported under subdivision (a), the
18information reported to the Department of Justice shall include,
19but not be limited to, all of the following:
20(1) The gender, race, and age of each individual who was shot,
21injured, or killed.
22(2) The date, time, and location of the incident.
23(3) Whether the civilian was armed, and, if so, the type of
24weapon.
25(4) The type of force used against the officer, the civilian, or
26both, including the types of weapons used.
27(5) The number of officers involved in the incident.
28(6) The number of civilians involved in the incident.
29(7) A brief description regarding the circumstances surrounding
30the incident, which may include the nature of injuries to officers
31and civilians and perceptions on behavior or mental disorders.
32(c) Each year, the Department of Justice shall include a summary
33of information contained in the reports received pursuant to
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subdivision (a) in its annual crime report issued by the department
2pursuant to Sectionbegin delete 13010.end deletebegin insert 13010 of the Penal Code.end insert This
3information shall be classified according to the reporting law
4enforcement jurisdiction. In cases involving a peace officer who
5is injured or killed, the report shall list the officer’s employing
6jurisdiction and the jurisdiction where the injury or death occurred,
7if they are not the same.begin insert This subdivision does not authorize the
8release to the public of the badge number or other unique
9identifying information of the peace officer involved.end insert
10(d) For purposes of this
section, “serious bodily injury” means
11a bodily injury that involves a substantial risk of death,
12unconsciousness, protracted and obvious disfigurement, or
13protracted loss or impairment of the function of a bodily member
14or organ.
If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.
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