(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Robert Luna recently indicated could endanger the lives of LBPD officers and members of our community, was abruptly withdrawn from the state Senate Appropriations Committee and sent to the state Senate Rules Committee for what the bill author's office says are "discussions with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."
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
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