Amended in Assembly April 23, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 86

Introduced by Assembly Member McCarty

January 6, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 86, as amended, McCarty. Peace officers: Department of Justice: independent investigation.

Existing law 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 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.

This bill would require the Attorney General to~~begin delete direct the commencement of anend delete~~begin insert appoint a special prosecutor to direct anend insert independent investigation~~begin delete by the Department of Justiceend delete~~ 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.begin delete 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.end deletebegin insert The bill would grant the special prosecutor the sole authority to determine whether criminal charges should be filed. The bill would make the special prosecutor responsible for prosecuting any charges filed.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2 1

SECTION 1.

Section 11056 is added to the Penal Code, to
2read:

11056.

(a) ~~begin delete(1)end deletebegin delete end delete~~If a peace officer, in the performance of his or
4her duties, uses deadly physical force upon another person and
5that person dies as a result of the use of that deadly physical force,
6the Attorney General shallbegin delete direct the commencement of an
7independent investigation by the Department of Justiceend deletebegin insert appoint a
8special prosecutor to direct the investigationend insert concerning the use
9of deadly physical force by that peace officer.

begin delete
10(2) For purposes of this section, the occurrence of the use of
11deadly physical force by a peace officer resulting in death shall be
12referred to as a triggering event.
end delete

13(b) Pursuant to this investigation, thebegin delete department shall determine
14all of the following:end deletebegin insert special prosecutor has the sole authority to
15determine whether criminal charges should be filed.end insert

begin delete
16(A) Whether the use of deadly physical force by the peace
17officer constituted a crime.
end deletebegin delete
18(B) Whether use of deadly physical force was in violation of a
19policy adopted by the law enforcement agency that employs the
20peace officer.
end deletebegin delete
21(C) Whether the use of deadly physical force could have been
22avoided.
end deletebegin delete
23(c) Upon the conclusion of an investigation, the department
24shall prepare and submit a written report to the Attorney General
25and to the district attorney and law enforcement agency of the
26county in which the triggering event occurred. The written report
27shall include, at a minimum, all of the following information:
end deletebegin delete
P3 1(1) A statement of facts.
end deletebegin delete
2(2) A detailed analysis and conclusion for each investigatory
3issue described in subdivision (b).
end deletebegin delete
4(3) Recommendations regarding whether there is a basis to
5undertake any of the following actions:
end deletebegin delete
6(A) Prosecute.
end deletebegin delete
7(B) Modify the policies and practices of the law enforcement
8agency that employed the peace officer who was subject to
9investigation under this section.
end deletebegin delete
10(d) The Attorney General shall post and maintain, in a
11conspicuous location, on the Department of Justice’s Internet Web
12site each written report prepared pursuant to subdivision (c) unless
13any information in the report is required to be maintained as
14confidential by any other law.
end deletebegin insert

15(c) If the special prosecutor files charges, the special prosecutor
16shall file those charges in the superior court of the county in which
17the death occurred.

end insertbegin insert

18(d) The special prosecutor is responsible for prosecuting any
19criminal charges that are filed in connection with this section.

end insertbegin insert

20(e) Any support the special prosecutor needs to pursue
21prosecution of the criminal charges filed under this section shall
22be provided by the Office of the Attorney General.

end insert