On September 30, 2020, Governor Newsom signed Assembly Bills (AB) 1196 and 1506, generally prohibiting choke holds and requiring independently reviewed police shootings.
Peace officers are generally permitted to exercise a reasonable use of force to effect an arrest, prevent escape, or to overcome resistance if done pursuant to a warrant or probable cause. Now, under to AB 1196, peace officers are prohibited from using the carotid restraint or choke hold as a reasonable use of force.
AB 1196 defines both carotid restraint and choke hold broadly. Carotid restraint is defined as “a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person.” Choke hold is defined as “any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe.” In short, force to the neck area is generally prohibited.
AB 1506 created mandatory review procedures and public information mechanisms related to any “officer-involved shooting resulting in the death of an unarmed civilian.” Unarmed civilian is defined as “include[ing] anyone who is not in possession of a deadly weapon.” The term “deadly weapon” is defined, and includes, for example: any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
AB 846 further requires law enforcement agencies to, among other things, evaluate potential officers for biases they may have related to race, ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer.
Following the enactment of AB 1196 and AB 1506:
- Law enforcement agencies shall not authorize the use of carotid restraint or choke hold. We recommend law enforcement agencies review their policies and amend their policies to remove chokeholds as an acceptable use of force. Agencies may even expressly prohibit it in their policies.
- The Attorney General unless otherwise specified, shall independently investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian and is authorized to draft a written report for each such investigation. The Attorney General is to establish a website and make available each such written report, with only confidential information redacted. Importantly, the Attorney General is authorized to initiate and prosecute a criminal action against the subject police officer, if warranted.
- The Police Practices Division of the Department of Justice is established to, upon request of a local law enforcement agency, review that agency’s use of deadly force policies and make recommendations. The Division is to be operational by or before July 1, 2023.
- Police departments are required to review the job description that is used in the recruitment and hiring of officers and make changes that emphasize community-based policing, familiarization between law enforcement and community residents, and collaborative problem solving, while de-emphasizing the paramilitary aspects of the job.
Questions
If you have any questions regarding this Legal Alert, please contact the following attorneys from our office, or the attorney with whom you typically consult.
Mona Ebrahimi
mebrahimi@kmtg.com | 916.321.4597
Olivia Clark
oclark@kmtg.com | 916.321.4290