HomeMy WebLinkAbout2019-06-11; City Council; ; Rescind Opposition to AB 392 (Weber) Peace officers: deadly force~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
June 11, 2019
Mayor and City Council
Scott Chadwick, City Manager
Jason Haber, Assistant to the City Manager
ja son.haber@carlsbadca.gov or 760-434-2958
CA Review 1,U-C..-
Subject: Rescind Opposition to AB 392 (Weber) Peace officers: deadly force
Recommended Action
Rescind City Council opposition to AB 392 (Weber) Peace officers: deadly force.
Executive Summary
On April 16, 2019, the City Council received a bill analysis from California Strategies and passed
a Minute Motion to oppose AB 392. Substantial bill amendments subsequently eliminated
objectionable language defining the standard of 'necessity,' and restoring 'objectively
reasonable grounds' as the standard justifying peace officers' use of deadly force. As such, staff
is recommending that the City Council withdraw its opposition to the bill.
Discussion
Exhibit 1 includes the Legislative Counsel's Digest and Bill Text for AB 392 (Weber), as amended.
Fiscal Analysis
This item has no fiscal impact.
Next Steps
None.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1. AB 392 (Weber) Peace officers: deadly force
June 11, 2019 Item #3 Page 1 of 5
(2) As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary
in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation
in light of the particular circumstances of each case, and shall use other available resources and techniques if
reasonably safe and feasible to an objectively reasonable officer.
(3) That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that
reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order
to ensure that officers use force consistent with law and agency policies.
(4) That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable
officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at
the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for
occasions when officers may be forced to make quick judgments about using force.
(5) That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more
likely to experience greater levels of physical force during police interactions, as their disability may affect their
ability to understand or comply with commands from peace officers. It is estimated that individuals with
disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement.
(b) Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public
offense may use objectively reasonable ferce, etAer tAaA deadly farce, force to effect the arrest, to prevent
~ escape, or to overcome resistance.
(c)A peace efficer wAe malces er attempts te malEe aA arrest Aced Aet aeaAdeA er desist frem tAe arrest e•t
reaseA ef tAe resistaAce er tAreateAed resistaAce ef tAe perseA eeiA§ arrested. A peace efficer sAa ll Aet ee
deemed aA a§§resser er Iese tAe ri§At te self defeAse ey tAe use ef reaseAaele ferce te effect tAe arrest er te
preveAt escape er te everceme resistaAce. A peace efficer sAall, Aewever, attempt te ceAtrel aA iAcideAt tAreu§A
seuAd tactics, iAcludiA§ tAe use ef time, distaAce, cemmuAicatieAs, tactical repesitieAiA§, aAd availaele reseurces,
iA aA effert te reduce er aveid tAe Aced te use ferce WACAever it is safe, feasiele, aAd reaseAaele te de se. TAis
subdivisieA dees Aet ceAflict witA tAe limitatieAs eA tAe use ef deadly farce set fertA iA tAis sectieA er SectieA 196.
(c) (1) A-Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person
only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary
for either of the following reasons:
(A) To defend against a tAreat ef iFAFAiAeAt deatA an imminent threat of death or serious bodily injury to the
officer or to another person.
(B)Te preveAt tAe escape ef a fleeiA§ suspect ceAsisteAt witA para§rapA (4) ef subdivisieA (a) ef SectieA 196.
'
(B) To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if
the officer reasonably believes that the person will cause death or serious bodily injury to another unless
immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts
to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has
objectively reasonable grounds to believe the person is aware of those facts.
(2) A peace officer shall not use deadly force against a person based on the danger that person poses to
themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of
death or serious bodily injury to the peace officer or to another person.
(3)TAis subdivisieR dees Aet pre~·lde tAe le§al staAdard aAd sAall Rot be used iA awr crimiAal preceediAg a§aiAst a
peace efficer relatiA§ te tAe use ef ferce 13·t tAat peace efficer, er te aAy defeAses te criFAiAal cAar§es uAder
SectieAs 196 er 197 er aA'; etAer defeAse asserted e·t tAat efficer, eut FAay ee used iA aAy civil er admiAistrative
preceediA§.
(d) A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by
reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be
deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance
June 11, 2019 Item #3 Page 4 of 5
with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes
of this subdivision, "retreat" does not mean tactical repositioning or other deescalation tactics.
(e) For purposes of this section, the following definitions shall apply:
(1) "Deadly force" means any use of force that creates a substantial risk of causing death or serious bodily injury,
including, but not limited to, the discharge of a firearm.
(2) A threat of death or serious bodily injury is "imminent" when, based on the totality of the circumstances, a
reasonable officer in the same situation would believe that a person has the present ability, opportunity, and
apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An
imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the
likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.
(3)"Plecessary" A9eaAs H'lat, gi-.·eA the totality of the circuffistaAces, aA objectively reasoAable peace officer iA the
saA9e situatioA wouls coAcluse that there was AO reasoAable alternative to the use of €lea€lly force that wouls
pre.,.eAt seath or serious bosily iAjury to the peace officer or to aAother persoA.
(3) "Totality of the circumstances" means all facts known to the peace officer at the tiA9e a As iAcluses the tactical
coAsuct aAs secisioAs time, including the conduct of the officer and the subject leading up to the use of deadly
force.
June 11, 2019 Item #3 Page 5 of 5