California Legislation

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Assembly Bill No. 71 CHAPTER 462 An act to add Section 12525.2 to the Government Code, relating to criminal  justice. [ Approved by Governor ctober !", 2!15. #iled $ith Secretary o% State ctober !", 2!15. & LEG I S LA TI V ECO U N S EL' S D I G ES T A' (1, )odrigue*. Criminal justice+ reporting. -isting la$ reuir es each sheri/ and police chie% to annually %urnish a report to the 0epartment o% ustice on justiable homicides.  3his bill $ould reuir e each la$ en%orc ement agency to annually %urnis h to the 0ep art ment o% us tic e a report o% speci ed inc ide nts $hen a peace o4cer is involved in the use o% %orce. 3he bill $ould reuire that %or each o% these incidents, the report also incl ude specied in%or mation about that incident. 3he bill $oul d reuire the department to include a summary o% the annual reports in its annual crime report. 'y imposing ne$ duties on local agencies, the bill $ould impose a statemandated local program.  3he Cali%or nia Constituti on reuir es the state to rei mburse local agenc ies and schoo l dist rict s %or cert ain cost s mand ated by the stat e. Statutor y pro visio ns esta blis h procedures %or ma6ing that reimbursement.  3his bill $ould provide that, i% the Commission on State 7andates determines that the bill contains costs mandated by the state, reimbursement %or those costs shall be made pursuant to these statutory provisions. D I G ES T K EY 8 ote+ majority Appropriation+ no # iscal Committe e+ yes 9ocal :rogram+ yes

Transcript of California Legislation

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Assembly Bill No. 71

CHAPTER 462

An act to add Section 12525.2 to the Government Code, relating to criminal

 justice.

[ Approved by Governor ctober !", 2!15. #iled $ith Secretary o% State ctober !", 2!15. &

LEGISLATIVE COUNSEL'S DIGEST

A' (1, )odrigue*. Criminal justice+ reporting.

-isting la$ reuires each sheri/ and police chie% to annually %urnish a report to the

0epartment o% ustice on justiable homicides.

 3his bill $ould reuire each la$ en%orcement agency to annually %urnish to the

0epartment o% ustice a report o% specied incidents $hen a peace o4cer is

involved in the use o% %orce. 3he bill $ould reuire that %or each o% these incidents,

the report also include specied in%ormation about that incident. 3he bill $ould

reuire the department to include a summary o% the annual reports in its annual

crime report. 'y imposing ne$ duties on local agencies, the bill $ould impose a

statemandated local program.

 3he Cali%ornia Constitution reuires the state to reimburse local agencies and school

districts %or certain costs mandated by the state. Statutory provisions establish

procedures %or ma6ing that reimbursement.

 3his bill $ould provide that, i% the Commission on State 7andates determines thatthe bill contains costs mandated by the state, reimbursement %or those costs shall

be made pursuant to these statutory provisions.

DIGEST KEY

8ote+ majority Appropriation+ no #iscal Committee+ yes 9ocal :rogram+ yes

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BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS

FOLLOWS:

SECTION 1.

 Section 12525.2 is added to the Government Code, to read+

12525.2.

 ;a< 'eginning anuary 1, 2!1(, each la$ en%orcement agency shall annually %urnish

to the 0epartment o% ustice, in a manner dened and prescribed by the Attorney

General, a report o% all instances $hen a peace o4cer employed by that agency is

involved in any o% the %ollo$ing+

;1< An incident involving the shooting o% a civilian by a peace o4cer.

;2< An incident involving the shooting o% a peace o4cer by a civilian.

;"< An incident in $hich the use o% %orce by a peace o4cer against a civilian results

in serious bodily injury or death.

;=< An incident in $hich use o% %orce by a civilian against a peace o4cer results in

serious bodily injury or death.

;b< #or each incident reported under subdivision ;a<, the in%ormation reported to the

0epartment o% ustice shall include, but not be limited to, all o% the %ollo$ing+

;1< 3he gender, race, and age o% each individual $ho $as shot, injured, or 6illed.

;2< 3he date, time, and location o% the incident.

;"< >hether the civilian $as armed, and, i% so, the type o% $eapon.

;=< 3he type o% %orce used against the o4cer, the civilian, or both, including the

types o% $eapons used.

;5< 3he number o% o4cers involved in the incident.

;?< 3he number o% civilians involved in the incident.

;(< A brie% description regarding the circumstances surrounding the incident, $hich

may include the nature o% injuries to o4cers and civilians and perceptions on

behavior or mental disorders.

;c< ach year, the 0epartment o% ustice shall include a summary o% in%ormation

contained in the reports received pursuant to subdivision ;a< in its annual crime

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report issued by the department pursuant to Section 1"!1! o% the :enal Code. 3his

in%ormation shall be classied according to the reporting la$ en%orcement

 jurisdiction. @n cases involving a peace o4cer $ho is injured or 6illed, the report

shall list the o4cers employing jurisdiction and the jurisdiction $here the injury or

death occurred, i% they are not the same. 3his subdivision does not authori*e therelease to the public o% the badge number or other uniue identi%ying in%ormation o% 

the peace o4cer involved.

;d< #or purposes o% this section, Bserious bodily injury means a bodily injury that

involves a substantial ris6 o% death, unconsciousness, protracted and obvious

disgurement, or protracted loss or impairment o% the %unction o% a bodily member

or organ.

SEC. 2.

 @% the Commission on State 7andates determines that this act contains costs

mandated by the state, reimbursement to local agencies and school districts %or

those costs shall be made pursuant to :art ( ;commencing $ith Section 1(5!!< o% 

0ivision = o% 3itle 2 o% the Government Code.