Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 619

Introduced by Assembly Member Weber

February 24, 2015

An act to amend Section 12525 of the Government Code, relating to begin delete death records. end delete begin insert law enforcement reports. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 619, as amended, Weber. begin delete Death records: end delete begin insert Reports: uses of force and end insert deaths in law enforcement custody.

Under existing law, begin delete when end delete begin insert if end insert a person dies while in the custody of a law enforcement agency or while in custody in a local or state correctional facility, the law enforcement agency or the agency in charge of the correctional facility is required to report in writing to the Attorney General, within 10 days after the death, all facts in the possession of the agency concerning the death. Existing law generally provides that those writings are public records under the California Public Records Act, and are open to public inspection pursuant to that act.

This bill would begin insert specify, for the purposes described above, that “custody” includes, but is not limited to, any point in time when a person’s freedom of movement is curtailed or limited by a peace officer, or when a person is led to believe, as a reasonable person, that he or she is so deprived of the freedom to move, such as during a stop, a stop and frisk, an interrogation, an arrest, transport prior to booking, or correctional confinement. Beginning January 1, 2018, the bill would require each state and local agency that employs a peace officer to annually report to the Attorney General data on the use of force by that agency’s sworn personnel. The bill would provide that “use of force” includes, among other things, a use of force that results in, or contributes to, the medical treatment or hospitalization of a person. The bill would require the use of force reports and the death in custody reports described above to include specified information, including, among other things, the time, date, and location of the use of force or death. By imposing new duties on local agencies, the bill would impose a state-mandated local program. end insert

begin insert This bill would end insert additionally require the Attorney General to annually begin delete provide to the Legislature end delete begin insert issue end insert a report summarizing the writings received pursuant to the provisions described above. The bill would begin delete also end delete require the Attorney General to make those reports available to the public by posting those reports on the Department of Justice’s Internet Web begin delete site. end delete begin insert site, as specified. end insert

begin insert

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.

end insert begin insert

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.

end insert

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

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

SECTION 1.  

Section 12525 of the Government Code is
amended to read:

12525.  

(a)  begin delete When end delete begin insert (1) end insert begin insert   end insert begin insert If end insert a person dies while in the custody of
any law enforcement agency or while in custody in a local or state
correctional facility in this state, the law enforcement agency or
the agency in charge of the correctional facility shall report in
writing to the Attorney General, within 10 days after the death, all
facts in the possession of the law enforcement agency or agency
in charge of the correctional facility concerning the death. begin insert The
report shall comply with subdivision (c). end insert

begin insert

(2) For purposes of this section, “custody” includes, but is not
limited to, any point in time when a person’s freedom of movement
is curtailed or limited by a peace officer, or when a person is led
to believe, as a reasonable person, that he or she is so deprived
of the freedom to move, such as during a stop, a stop and frisk, an
interrogation, an arrest, transport prior to booking, or correctional
confinement.

end insert begin insert

(b) (1) Beginning January 1, 2018, each state and local agency
that employs a peace officer shall annually report to the Attorney
General data on the use of force by that agency’s sworn personnel.
The report shall comply with subdivision (c).

end insert begin insert

(2) For purposes of this section, “use of force” includes, but is
not limited to, any of the following:

end insert begin insert

(A) A use of force that results in, or contributes to, the medical
treatment or hospitalization of a person.

end insert begin insert

(B) The discharge of a firearm at a person.

end insert begin insert

(C) The use of an electronic control or conducted energy device
on a person.

end insert begin insert

(D) A strike by a baton or other instrument on a person.

end insert begin insert

(E) Any strike to a person’s head, neck, or chest.

end insert begin insert

(c) The reports made to the Attorney General pursuant to
subdivisions (a) and (b) shall, at a minimum, include all of the
following information:

end insert begin insert

(1) The time, date, and location of the use of force or death.

end insert begin insert

(2) The setting in which the use of force or death occurred,
including, but not limited to, a traffic stop, pedestrian stop, or in
a correctional facility or other correctional setting.

end insert begin insert

(3) The characteristics of each peace officer involved in the use
of force or death, including, but not limited to, each officer’s race,
ethnicity, gender, age, assignment, division or station, shift, and
whether the officer was in uniform.

end insert begin insert

(4) A description of any person upon whom a use of force, as
described in subdivision (b), was applied, or of the person who
died. A description of a person upon whom a use of force was
applied shall be based on the observation and perception of the
peace officer who used force, and the information shall not be
requested from the person upon whom force was used, unless
otherwise required by law. The description shall include, but not
be limited to, all of the following:

end insert begin insert

(A) The race, ethnicity, and age of the person.

end insert begin insert

(B) The sexuality and religion of the person, if any is perceived.

end insert begin insert

(C) Whether the person had limited English proficiency.

end insert begin insert

(D) Whether the person had any perceived mental or physical
disability, or preexisting injury or medical condition.

end insert begin insert

(E) Whether mental health personnel were called to the scene
of the use of force or death, and whether the personnel were called
before or after the use of force or death occurred.

end insert begin insert

(F) Whether the person was homeless.

end insert begin insert

(G) Whether the person was perceived to be under the influence
of alcohol or narcotics.

end insert begin insert

(5) If applicable, whether the officer previously stopped the
person upon whom force was used.

end insert begin insert

(6) Whether the person was armed, and, if the person was
armed, with what type of weapon.

end insert begin insert

(7) If applicable, details concerning any force used by a peace
officer, including, but not limited to, all of the following:

end insert begin insert

(A) The type of force used.

end insert begin insert

(B) Any injuries sustained by the person.

end insert begin insert

(C) The length of time between when force was used and when
the person received medical treatment.

end insert begin delete

(b)

end delete

begin insert (d) end insert  The writings described in begin delete subdivision end delete begin insert subdivisions end insert (a) begin insert and
(b) end insert are public records within the meaning of the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1), and are open to public inspection pursuant
to that act.

begin delete

(c)

end delete

begin insert (e) end insert  (1)  begin delete Notwithstanding Section 10231.5, the end delete begin insert The end insert Attorney
General shall annually begin delete provide the Legislature with end delete begin insert issue end insert a report
summarizing the writings received by the Attorney General
pursuant to begin delete subdivision (a). The report shall comply with Section
9795. end delete begin insert subdivisions (a) and (b). end insert

begin insert

(2) The reports described in paragraph (1) shall separately list
the statewide total number for each of the data collection criteria
specified in subdivision (c). The reports described in paragraph
(1) shall also separately disaggregate the total number for each
of the data collection criteria specified in subdivision (c) for each
agency that submits a report to the Attorney General pursuant to
subdivision (a) or (b).

end insert begin delete

(2)

end delete

begin insert (3) end insert  The Attorney General shall make the reports described in
paragraph (1) available to the public by posting those reports begin insert in
their entirety end insert on the Department of Justice’s Internet Web site.
begin insert The first reports shall be posted no later than July 1, 2018. The
reports shall remain posted on the Department of Justice’s Internet
Web site in order to be available to the public in an ongoing,
continuous manner. end insert

begin delete

(d)

end delete

begin insert (f) end insert  This section does not authorize the disclosure of confidential
medical information that may have been submitted to the Attorney
General’s office in conjunction with the writings described in
begin delete subdivision (a), end delete begin insert subdivisions (a) and (b), end insert except as provided in
Part 2.6 (commencing with Section 56) of Division 1 of the Civil
Code.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert