Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 86

Introduced by Assembly Member McCarty

January 6, 2015

An act begin insert to add Section 11056 to the Penal Code, end insert relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 86, as amended, McCarty. Peace officers: begin delete independent review panel. end delete begin insert Department of Justice: independent investigation. end insert

Existing law begin insert establishes the Department of Justice under the direction and control of the Attorney General, and requires the Department of Justice to perform duties in the investigation of crimes as may be assigned by the Attorney General. Existing law end insert requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, as specified.

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This bill would declare the intent of the Legislature to enact legislation that would establish, within the Department of Justice, an independent review panel to investigate and provide an independent review of peace officer involved shootings and other uses of force resulting in death.

end delete begin insert

This bill would require the Attorney General to direct the commencement of an independent investigation by the Department of Justice if a peace officer, in the performance of his or her duties, uses deadly physical force upon another person and that person dies as a result of the use of that deadly physical force. The bill would require the department, based on it’s investigation, to prepare and submit a written report setting forth specified information and recommendations to the Attorney General and to the district attorney and law enforcement agency of the county in which the use of deadly physical force by a peace office occurred. The bill would require the Attorney General to post each written report on the department’s Internet Web site unless any information in the report is required to be maintained as confidential by any other law.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 11056 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

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begin insert 11056. end insert   

(a) (1) If a peace officer, in the performance of his or
her duties, uses deadly physical force upon another person and
that person dies as a result of the use of that deadly physical force,
the Attorney General shall direct the commencement of an
independent investigation by the Department of Justice concerning
the use of deadly physical force by that peace officer.

(2) For purposes of this section, the occurrence of the use of
deadly physical force by a peace officer resulting in death shall
be referred to as a triggering event.

(b) Pursuant to this investigation, the department shall
determine all of the following:

(A) Whether the use of deadly physical force by the peace officer
constituted a crime.

(B) Whether use of deadly physical force was in violation of a
policy adopted by the law enforcement agency that employs the
peace officer.

(C) Whether the use of deadly physical force could have been
avoided.

(c) Upon the conclusion of an investigation, the department
shall prepare and submit a written report to the Attorney General
and to the district attorney and law enforcement agency of the
county in which the triggering event occurred. The written report
shall include, at a minimum, all of the following information:

(1) A statement of facts.

(2) A detailed analysis and conclusion for each investigatory
issue described in subdivision (b).

(3) Recommendations regarding whether there is a basis to
undertake any of the following actions:

(A) Prosecute.

(B) Modify the policies and practices of the law enforcement
agency that employed the peace officer who was subject to
investigation under this section.

(d) The Attorney General shall post and maintain, in a
conspicuous location, on the Department of Justice’s Internet Web
site each written report prepared pursuant to subdivision (c) unless
any information in the report is required to be maintained as
confidential by any other law.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to establish, within the Department of Justice, an
independent review panel to investigate and provide an independent
review of peace officer involved shootings and other uses of force
resulting in death.

end delete