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LB Police Chief Said This Advancing Sac'to Bill Could Endanger Officers And Public Safety; [UPDATE] It's Sent To A Committee For "Discussions With Stakeholders" But Author's Office Says It's Very Much Alive And Expects Senate Floor Vote


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(Aug. 16, 2018, last updated 6:31 p.m.) -- A Sacramento bill -- AB 931 -- that would change the standard for use of deadly force by peace officers, and Police Chief Robert Luna recently indicated could endanger the lives of LBPD officers and members of our community, was abruptly withdrawn from the state Senate Appropriations Committee and sent to the state Senate Rules Committee for what the bill author's office says are "discussions with stakeholders."

Joe Kocurek, a spokesperson in the office of the bill's author, Assemblywoman Shirley Weber (D, San Diego), told LBREPORT.com the move was to "enable discussion with stakeholders" and said the bill remains "very much alive" with a Senate vote still expected in this legislative session.

If AB 931 does in fact reach the state Senate floor and gains majority Senate apporval, an Assembly vote (on concurrence with Senate amendments) would follow, and if approved in a second Assembly vote the measure would proceed to the Governor's desk.

The measure's opponents include the Long Beach Police Officers Association.spokesperson said .

As separately reported by LBREPORT.com, during Aug. 14 discussion of LBPD's FY19 budget, LBPD Chief Luna commented: "Future legislation also seeks to change use of force standards, which will not only significantly impact police training during our response to threatening situations, it could endanger the lives of our officers and members of our community."

Chief Luna didn't mention the bill by number, but we it appears he's referring to AB 931.

AB 931 would [Legislative Counsel's digest text] "limit the use of deadly force, as defined, by a peace officer to those situations where it is necessary, as defined, to prevent imminent and serious bodily injury or death to the officer or to another person, as specified. The bill would prohibit the use of deadly force by a peace officer in a situation where an individual poses a risk only to himself or herself. The bill would also limit the use of deadly force by a peace officer against a person fleeing from arrest or imprisonment to only those situations in which the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving serious bodily injury or death, and there is an imminent risk of serious bodily injury or death to the officer or to another person if the subject is not immediately apprehended."

AB 931 would make a homicide committed by a peace officer justifiable only if the use of deadly force by a peace officer was consistent with its above provisions.

Under current law, a homicide is justified when a person is acting in self-defense or defense of another, as specified...but under AB 931 this defense wouldn't be available to an officer charged with manslaughter whose actions were such a departure from the expected conduct of an ordinarily prudent or careful officer in the same circumstances as to be incompatible with a proper regard for human life.

The bill's full text is here.

[Scroll down for further.]




On May 11, 2018, AB 931 cleared the Assembly on a 77-0 vote (with Assembly speaker Rendon and Assemblymembers Gipson voting "yes" ; three Assemblymembers -- including Assemblyman Patrick O'Donnell (D, LB) -- are listed as "no vote recorded."

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AB 931's state Senate Public Safety Committee analysis indicates the following:

[Bill] Source: Alliance for Boys and Men of Color; American Civil Liberties Union of California; Anti-Police Terror Project; Communities United for Restorative Youth Justice; PICO California; PolicyLink; Youth Justice Coalition

Support: ACCE Action; Advancement Project; Alliance for Boys and Men of Color; Alliance San Diego; American Civil Liberties Union of California; American Friends Service Committee; Amnesty International USA; Asian Law Alliance; Bend the Arc Jewish Action; Black American Political Association of California; Black Women Organized for Political Action; California Association of AfricanAmerican Superintendents and Administrators; California Calls; California Cannabis Coalition; California Faculty Association; California Immigrant Policy Center; California Minority Alliance: Inland Empire Chapter; California Nurses Association; California Public Defenders Association; California State Conference of the NAACP; Californians for Justice; Californians United for a Responsible Budget; Center on Juvenile and Criminal Justice; Center on Policy Initiatives; Chinese for Affirmative Action; City of Berkeley; Cindy and Bill Simon Technology School; Clergy and Laity United for Economic Justice (CLUE); Climate Action Campaign; Coalition for Humane Immigrant Rights (CHIRLA); Coalition for Justice and Accountability; Coleman Advocates for Children and Youth; Consumer Attorneys of California; Council on AmericanIslamic Relations, California; Courage Campaign; Californians United for a Responsible Budget (CURB); Drug Policy Coalition; Ella Baker Center for Human Rights; Fathers and Families of San Joaquin; Friends Committee on Legislation of California; Hispanic National Bar Association; I Am…; Immigrant Legal Resource Center; Koreatown Immigrant Workers Alliance; League of Women Voters of California; Legal Services for Prisoners with Children; Lutheran Office of Public Policy – California; Mid-City CAN; National Action Network; National Center for Lesbian Rights; National Nurses United; Oakland Privacy; Orange County Congregation Community Organization; Oscar Grant Committee; Paving Great Futures; People Acting in Community Together; PICO California; PolicyLink; Press4word; Public Health Justice Collective; Riverside Temple Beth El; Root and Rebound; San Diego Immigrant Rights Consortium; San Diego La Raza Lawyers Association; San Francisco District Attorney's Office; San Francisco Public Defender's Office; San Jose Peace and Justice Center; Santa Ana Unidos; Santa Barbara Women's Political Committee; Santa Clara University; Service Employees International Union (SEIU), SF LGBT Center; Silicon Valley De-Bug; Showing Up for Racial Justice (SURJ), Bay Area; Showing Up for Racial Justice, Sacred Heart; Together We Will – San Jose; Transgender Law Center; True Hope Church; UAW 2865, UC Student-Workers Union; United Food and Commercial Workers (UFCW) – Western States Council; White People 4 Black Lives. Women's Foundation of California; Youth ALIVE!; Youth Justice Coalition; 85 Private Individuals

Opposition: Association of Orange County Deputy Sheriffs; California Association of Highway Patrolmen; California Association of Code Enforcement Officers; California Coalition of Law Enforcement Associations; California College and University Police Chiefs Association; California Narcotics Officers Association; California Peace Officers' Association; California Police Chiefs Association; California State Sheriffs' Association; California Statewide Law Enforcement Association; City of Oakley; City of West Covina; Cloverdale Police Department; Fraternal Order of Police; Law Enforcement Managers' Association; Long Beach Police Officers Association; Los Angeles Police Protective League; Los Angeles Professional Peace Officers Association; Peace Officers Research Association of California; Riverside Sheriffs' Association; Sacramento County Deputy Sheriffs' Association

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