AB 490

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Assembly
  • Senate
  • Governor

Law enforcement agency policies: arrests: positional asphyxia.


Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. 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. Existing law prohibits a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. This bill would additionally prohibit a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined. By requiring local agencies to amend use of force policies, this 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 the statutory provisions noted above.

Bill Sponsors (7)



Apr 28, 2021


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

  • Referral-Committee
APPR APPR. suspense file.

Apr 14, 2021


Coauthors revised.


From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 13). Re-referred to Com. on APPR.

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

Mar 22, 2021


Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 18, 2021


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


Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Feb 09, 2021


From printer. May be heard in committee March 11.

Feb 08, 2021


Read first time. To print.

Bill Text

Bill Text Versions Format
02/08/21 - Introduced PDF
03/18/21 - Amended Assembly PDF

Related Documents

Document Format
No related documents.


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