STATE OF CALIFORNIA

AUTHENTICATED
ELECTRONIC LEGAL MATERIAL

Senate Bill No. 230

CHAPTER 285

An act to add Chapter 17.4 (commencing with Section 7286) to Division

7 of Title 1 of the Government Code, and to add Section 13519.10 to the
Penal Code, relating to law enforcement.

[Approved by Governor September 12, 2019. Filed with

Secretary of State September 12, 2019.]

legislative counsel’s digest

SB 230, Caballero. Law enforcement: use of deadly force: training:
policies.
(1)  Existing law requires each law enforcement agency to annually furnish
specified information to the Department of Justice regarding the use of force
by a peace officer. Existing law requires the Department of Justice, once
per year, to update a summary of information contained in the reports
received on its internet website. Existing law requires a department or agency
that employs peace officers or custodial officers to establish a procedure to
investigate complaints by members of the public against those officers.
This bill would, by no later than January 1, 2021, require each law
enforcement agency to maintain a policy that provides guidelines on the
use of force, utilizing deescalation techniques and other alternatives to force
when feasible, specific guidelines for the application of deadly force, and
factors for evaluating and reviewing all use of force incidents, among other
things. The bill would require each agency to make their use of force policy
accessible to the public. By imposing additional duties on local agencies,
this bill would create a state-mandated local program.
(2)  Existing law establishes the Commission on Peace Officer Standards
and Training in the Department of Justice and requires the commission to
adopt rules establishing minimum standards regarding the recruitment of
peace officers. Existing law requires the commission to develop guidelines
and implement courses of instruction regarding racial profiling, domestic
violence, hate crimes, vehicle pursuits, and human trafficking, among others.
This bill would require the commission to implement a course or courses
of instruction for the regular and periodic training of law enforcement
officers in the use of force. The bill would require the commission to develop
uniform, minimum guidelines for adoption and promulgation by California
law enforcement agencies for the use of force, as specified. The bill would
require law enforcement agencies to adopt and promulgate a use of force
policy and would state the intent of the Legislature that each law enforcement
agency adopt, promulgate, and require regular and periodic training
consistent with the agency’s policy that complies with the guidelines
developed under this bill.

93
Ch. 285 —2—

This bill would make findings and declarations regarding the intent of
the bill, as it pertains to law enforcement agencies’ use of force polices,
including that those policies may be introduced in legal proceedings and
may be considered as a factor in determining the reasonableness of an
officer’s actions, but do not impose a legal duty on an officer to act in
accordance with the policy.
(3)  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.
(4)  This bill would also make its provisions operative contingent on the
enactment of Assembly Bill 392 of the 2019–20 Regular Session.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares:

(a)  The highest priority of California law enforcement is safeguarding
the life, dignity, and liberty of all persons, without prejudice to anyone.
(b)  Law enforcement officers shall be guided by the principle of reverence
for human life in all investigative, enforcement, and other contacts between
officers and members of the public. When officers are called upon to detain
or arrest a suspect who is uncooperative or actively resisting, may attempt
to flee, poses a danger to others, or poses a danger to themselves, they should
consider tactics and techniques that may persuade the suspect to voluntarily
comply or may mitigate the need to use a higher level of force to resolve
the situation safely.
(c)  Vesting officers with the authority to use necessary force as
determined by an objectively reasonable officer and to protect the public
welfare requires monitoring, evaluation, and a careful balancing of all
interests.
(d)  The authority to use force is a serious responsibility given to peace
officers by the people who expect them to exercise that authority judiciously
and with respect for human rights, dignity, and life.
(e)  The intent of this act is to establish the minimum standard for policies
and reporting procedures regarding California law enforcement agencies’
use of force. The purpose of these use of force policies is to provide law
enforcement agencies with guidance regarding the use and application of
force to ensure such applications are used only to effect arrests or lawful
detentions, overcome resistance, or bring a situation under legitimate control.
(f)  No policy can anticipate every conceivable situation or exceptional
circumstance which officers may face. In all circumstances, officers are
expected to exercise sound judgment and critical decisionmaking when
using force options.

93
 —3— Ch. 285

(g)  A law enforcement agency’s use of force policies and training may
be introduced as evidence in proceedings involving an officer’s use of force.
The policies and training may be considered as a factor in the totality of
circumstances in determining whether the officer acted reasonably, but shall
not be considered as imposing a legal duty on the officer to act in accordance
with such policies and training.
(h)  Every instance in which a firearm is discharged, including exceptional
circumstances, shall be reviewed by the department on a case-by-case basis
to evaluate all facts and to determine if the incident is within policy and in
accordance with training.
SEC. 2. Chapter 17.4 (commencing with Section 7286) is added to
Division 7 of Title 1 of the Government Code, to read:

Chapter 17.4. Law Enforcement Use of Force Policies

7286. (a)  For the purposes of this section:

(1)  “Deadly force” means any use of force that creates a substantial risk
of causing death or serious bodily injury. Deadly force includes, but is not
limited to, the discharge of a firearm.
(2)  “Feasible” means reasonably capable of being done or carried out
under the circumstances to successfully achieve the arrest or lawful objective
without increasing risk to the officer or another person.
(3)  “Law enforcement agency” means any police department, sheriff’s
department, district attorney, county probation department, transit agency
police department, school district police department, the police department
of any campus of the University of California, the California State
University, or community college, the Department of the California Highway
Patrol, the Department of Fish and Wildlife, and the Department of Justice.
(b)  Each law enforcement agency shall, by no later than January 1, 2021,
maintain a policy that provides a minimum standard on the use of force.
Each agency’s policy shall include all of the following:
(1)  A requirement that officers utilize deescalation techniques, crisis
intervention tactics, and other alternatives to force when feasible.
(2)  A requirement that an officer may only use a level of force that they
reasonably believe is proportional to the seriousness of the suspected offense
or the reasonably perceived level of actual or threatened resistance.
(3)  A requirement that officers report potential excessive force to a
superior officer when present and observing another officer using force that
the officer believes to be beyond that which is necessary, as determined by
an objectively reasonable officer under the circumstances based upon the
totality of information actually known to the officer.
(4)  Clear and specific guidelines regarding situations in which officers
may or may not draw a firearm or point a firearm at a person.
(5)  A requirement that officers consider their surroundings and potential
risks to bystanders, to the extent reasonable under the circumstances, before
discharging a firearm.

93
Ch. 285 —4—

(6)  Procedures for disclosing public records in accordance with Section

832.7.
(7)  Procedures for the filing, investigation, and reporting of citizen
complaints regarding use of force incidents.
(8)  A requirement that an officer intercede when present and observing
another officer using force that is clearly beyond that which is necessary,
as determined by an objectively reasonable officer under the circumstances,
taking into account the possibility that other officers may have additional
information regarding the threat posed by a subject.
(9)  Comprehensive and specific guidelines regarding approved methods
and devices available for the application of force.
(10)  An explicitly stated requirement that officers carry out duties,
including use of force, in a manner that is fair and unbiased.
(11)  Comprehensive and specific guidelines for the application of deadly
force.
(12)  Comprehensive and detailed requirements for prompt internal
reporting and notification regarding a use of force incident, including
reporting use of force incidents to the Department of Justice in compliance
with Section 12525.2.
(13)  The role of supervisors in the review of use of force applications.
(14)  A requirement that officers promptly provide, if properly trained,
or otherwise promptly procure medical assistance for persons injured in a
use of force incident, when reasonable and safe to do so.
(15)  Training standards and requirements relating to demonstrated
knowledge and understanding of the law enforcement agency’s use of force
policy by officers, investigators, and supervisors.
(16)  Training and guidelines regarding vulnerable populations, including,
but not limited to, children, elderly persons, people who are pregnant, and
people with physical, mental, and developmental disabilities.
(17)  Comprehensive and specific guidelines under which the discharge
of a firearm at or from a moving vehicle may or may not be permitted.
(18)  Factors for evaluating and reviewing all use of force incidents.
(19)  Minimum training and course titles required to meet the objectives
in the use of force policy.
(20)  A requirement for the regular review and updating of the policy to
reflect developing practices and procedures.
(c)  Each law enforcement agency shall make their use of force policy
adopted pursuant to this section accessible to the public.
(d)  This section does not supersede the collective bargaining procedures
established pursuant to the Myers-Milias-Brown Act (Chapter 10
(commencing with Section 3500) of Division 4), the Ralph C. Dills Act
(Chapter 10.3 (commencing with Section 3512) of Division 4), or the Higher
Education Employer-Employee Relations Act (Chapter 12 (commencing
with Section 3560) of Division 4).
SEC. 3. Section 13519.10 is added to the Penal Code, immediately
following Section 13519.9, to read:

93
 —5— Ch. 285

13519.10. (a)  (1)  The commission shall implement a course or courses

of instruction for the regular and periodic training of law enforcement
officers in the use of force and shall also develop uniform, minimum
guidelines for adoption and promulgation by California law enforcement
agencies for use of force. The guidelines and course of instruction shall
stress that the use of force by law enforcement personnel is of important
concern to the community and law enforcement and that law enforcement
should safeguard life, dignity, and liberty of all persons, without prejudice
to anyone. These guidelines shall be a resource for each agency executive
to use in the creation of the use of force policy that the agency is required
to adopt and promulgate pursuant to Section 7286 of the Government Code,
and that reflects the needs of the agency, the jurisdiction it serves, and the
law.
(2)  As used in this section, “law enforcement officer” includes any peace
officer of a local police or sheriff’s department or the California Highway
Patrol, or of any other law enforcement agency authorized by law to use
force to effectuate an arrest.
(b)  The course or courses of the regular basic course for law enforcement
officers and the guidelines shall include all of the following:
(1)  Legal standards for use of force.
(2)  Duty to intercede.
(3)  The use of objectively reasonable force.
(4)  Supervisory responsibilities.
(5)  Use of force review and analysis.
(6)  Guidelines for the use of deadly force.
(7)  State required reporting.
(8)  Deescalation and interpersonal communication training, including
tactical methods that use time, distance, cover, and concealment, to avoid
escalating situations that lead to violence.
(9)  Implicit and explicit bias and cultural competency.
(10)  Skills including deescalation techniques to effectively, safely, and
respectfully interact with people with disabilities or behavioral health issues.
(11)  Use of force scenario training including simulations of
low-frequency, high-risk situations and calls for service, shoot-or-don’t-shoot
situations, and real-time force option decisionmaking.
(12)  Alternatives to the use of deadly force and physical force, so that
deescalation tactics and less lethal alternatives are, where reasonably feasible,
part of the decisionmaking process leading up to the consideration of deadly
force.
(13)  Mental health and policing, including bias and stigma.
(14)  Using public service, including the rendering of first aid, to provide
a positive point of contact between law enforcement officers and community
members to increase trust and reduce conflicts.
(c)  Law enforcement agencies are encouraged to include, as part of their
advanced officer training program, periodic updates and training on use of
force. The commission shall assist where possible.

93
Ch. 285 —6—

(d)  (1)  The course or courses of instruction, the learning and performance

objectives, the standards for the training, and the guidelines shall be
developed by the commission in consultation with appropriate groups and
individuals having an interest and expertise in the field on use of force. The
groups and individuals shall include, but not be limited to, law enforcement
agencies, police academy instructors, subject matter experts, and members
of the public.
(2)  The commission, in consultation with these groups and individuals,
shall review existing training programs to determine the ways in which use
of force training may be included as part of ongoing programs.
(e)  It is the intent of the Legislature that each law enforcement agency
adopt, promulgate, and require regular and periodic training consistent with
an agency’s specific use of force policy that, at a minimum, complies with
the guidelines developed under subdivisions (a) and (b).
SEC. 4. If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5. This act shall take effect only if Assembly Bill 392 of the
2019–20 Regular Session is enacted and becomes operative.

93