AB 48

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly Jun 01, 2021
  • Passed Senate Sep 02, 2021
  • Signed by Governor Sep 30, 2021

Law enforcement: use of force.

Abstract

(1) Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. This bill would prohibit the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be used to defend against a threat to life or serious bodily injury to any individual, including a peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control. The bill would define chemical agents to include, among other substances, chloroacetophenone tear gas or 2-chlorobenzalmalononitrile gas. The bill would make these provisions inapplicable within a county jail or state prison facility. This bill would also require each law enforcement agency, within a specified timeframe, to post on their internet website a summary, as described, of any incident in which a kinetic energy projectile or chemical agent is deployed by that agency for the purpose of crowd control. The bill would require the Department of Justice to provide a compiled list of links to these reports on its internet website. (2) Existing law requires each law enforcement agency to annually report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified. This bill would require these reports to be made monthly. By imposing new duties on law enforcement agencies, this bill would create 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 the statutory provisions noted above.

Bill Sponsors (12)

Votes


Actions


Sep 30, 2021

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 404, Statutes of 2021.

Sep 15, 2021

California State Legislature

Enrolled and presented to the Governor at 5 p.m.

Sep 08, 2021

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 19. Page 2920.).

Sep 02, 2021

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10.).

Aug 30, 2021

Senate

Read second time. Ordered to third reading.

Aug 26, 2021

Senate

Read second time and amended. Ordered returned to second reading.

Senate

From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 26).

Aug 16, 2021

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jul 06, 2021

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 6). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 09, 2021

Senate

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Jun 02, 2021

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Jun 01, 2021

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 19.)

May 24, 2021

Assembly

Read second time. Ordered to third reading.

May 20, 2021

Assembly

From committee: Do pass. (Ayes 12. Noes 4.) (May 20).

Apr 21, 2021

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Mar 24, 2021

Assembly

Coauthors revised.

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (March 23). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Mar 17, 2021

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 16, 2021

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

Jan 11, 2021

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Dec 08, 2020

Assembly

From printer. May be heard in committee January 7.

Dec 07, 2020

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB48 HTML
12/07/20 - Introduced PDF
03/16/21 - Amended Assembly PDF
08/26/21 - Amended Senate PDF
09/10/21 - Enrolled PDF
09/30/21 - Chaptered PDF

Related Documents

Document Format
03/22/21- Assembly Public Safety PDF
04/19/21- Assembly Appropriations PDF
05/24/21- ASSEMBLY FLOOR ANALYSIS PDF
07/04/21- Senate Public Safety PDF
08/13/21- Senate Appropriations PDF
08/26/21- Senate Appropriations PDF
08/31/21- Sen. Floor Analyses PDF
09/02/21- ASSEMBLY FLOOR ANALYSIS PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.