AB 1222

Current law provides the circumstances under which a law enforcement officer

may use force. Under current law, a law enforcement officer must make every effort

to preserve and protect human life and the safety of all persons. Law enforcement

officers may use force that is objectively reasonable based on the totality of the

circumstances, including the severity of the crime, if the suspect poses an imminent

threat, or if the suspect is actively resisting or evading arrest by flight. This bill adds

that a law enforcement officer should use skills and tactics, including de-escalation

tactics, that minimize the likelihood that force will become necessary and that a law

enforcement officer who is authorized to use force must use the least amount of force

necessary to address the threat.

Under current law, the Law Enforcement Standards Board may decertify law

enforcement, tribal law enforcement, jail, or juvenile detention officers for a variety

of reasons. This bill provides that LESB must decertify officers for those reasons, and

adds the following to the list of reasons to decertify an officer: 1) violating or not

complying with the law governing the use of force and 2) terminating employment

while under investigation for committing an act of official misconduct. An officer

decertified while under investigation for committing an act of official misconduct

may not be recertified unless the officer receives a waiver from the police commission

or police and fire commission, if applicable, or the governing body, of the jurisdiction

in which he or she seeks employment and corresponding recertification. The bill also

requires that LESB decertify officers within 30 days after the relevant event that is

the cause for decertification.

The bill requires LESB to develop a model use of force policy for law

enforcement agencies to use in addition to complying with the law governing the use

of force. The model policy must address interactions with individuals with mental

disorders, alcohol or drug problems, dementia disorders, and developmental

disabilities; limit the use of force against vulnerable populations; and include other

best practices that LESB identifies.