BILL NUMBER: AB 86	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

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  direct
the commencement of an   appoint a special prosecutor to
direct 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.   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11056 is added to the Penal Code, to read:
   11056.  (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  appoint a special prosecutor
to direct the investigation  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:   special prosecutor has
the sole authority to determine whether criminal charges should be
filed.  
   (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.  
   (c) If the special prosecutor files charges, the special
prosecutor shall file those charges in the superior court of the
county in which the death occurred.  
   (d) The special prosecutor is responsible for prosecuting any
criminal charges that are filed in connection with this section.
 
   (e) Any support the special prosecutor needs to pursue prosecution
of the criminal charges filed under this section shall be provided
by the Office of the Attorney General.