AB 71, as amended, Rodriguez. Criminal justice: reporting.
Existing law requires each sheriff and police chief to annually furnish a report to the Department of Justice on justifiable homicides.
This bill would require each sheriff and police chief to annually furnish a report to the Department of Justice on shootings that involve peace officers and result in the injury or death of an individual or a peace officer. The bill would require the agency to report the number of cases that resulted in criminal prosecution for instances when an individual is injured or killed. The
end deletebegin insertThis bill would require each law enforcement agency to annually furnish to the Department of Justice a report of specified incidents when a peace officer is involved in the use of force. The bill would require that for each of these incidents, the report also include specified information about that incident. Theend insert bill would require the department to include a summary of the annual reports in its annual crime report. By imposing new duties on local agencies, the bill would impose a state-mandated local program.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 13022.5 is added to the Penal Code, to
2read:
(a) Each sheriff and chief of police shall annually
4furnish to the Department of Justice, in the manner prescribed by
5the Attorney General, a report of all instances when a peace officer
6is involved in shootings that occur in his or her jurisdiction where
7an individual or a peace officer is injured or killed. In instances
8where an individual is killed or injured, the agency shall report the
9number of cases that resulted in criminal prosecution. In cases
10where both a sheriff and chief of police would be required to report
11an officer involved shooting under this section, only the chief of
12police shall report the instance.
13(b) Each year, the Department of Justice shall include a summary
14of information contained in the reports received pursuant to
15subdivision (a) in its annual crime report issued by the department
16pursuant to Section 13010. This information shall be classified
17according to the reporting law enforcement jurisdiction. In cases
18involving a peace officer who is injured or killed, the report shall
19list the officer’s employing jurisdiction and the jurisdiction where
20the injury or death occurred, if they are not the same.
begin insertSection 12525.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
22to read:end insert
(a) Beginning January 1, 2017, each law enforcement
24agency shall annually furnish to the Department of Justice, in a
25manner defined and prescribed by the Attorney General, a report
26of all instances when a peace officer employed by that agency is
27involved in any of the following:
P3 1(1) An incident involving the shooting of a civilian by a peace
2officer.
3(2) An incident involving the shooting of a peace officer by a
4civilian.
5(3) An incident in which the use of force by a peace officer
6against a civilian results in serious bodily injury or death.
7(4) An
incident in which use of force by a civilian against a
8peace officer results in serious bodily injury or death.
9(b) For each incident reported under subdivision (a), the
10information reported to the Department of Justice shall include,
11but not be limited to, all of the following:
12(1) The gender, race, and age of each individual who was shot,
13injured, or killed.
14(2) The date, time, and location of the incident.
15(3) Whether the civilian was armed, and, if so, the type of
16weapon.
17(4) The type of force used against the officer, the civilian, or
18both, including the types of weapons used.
19(5) The number of officers involved in the incident.
20(6) The number of civilians involved in the incident.
21(7) A brief description regarding the circumstances surrounding
22the incident, which may include the nature of injuries to officers
23and civilians and perceptions on behavior or mental disorders.
24(c) Each year, the Department of Justice shall include a
25summary of information contained in the reports received pursuant
26to subdivision (a) in its annual crime report issued by the
27department pursuant to Section 13010. This information shall be
28classified according to the reporting law enforcement jurisdiction.
29In cases involving a peace officer who is injured or killed, the
30report shall list the officer’s employing jurisdiction and the
31jurisdiction where the injury or death occurred, if they are not the
32same.
33(d) For purposes of this section, “serious bodily injury” means
34a bodily injury that involves a substantial risk of death,
35unconsciousness, protracted and obvious disfigurement, or
36protracted loss or impairment of the function of a bodily member
37or organ.
If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P4 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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