BILL NUMBER: AB 86	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member McCarty

                        JANUARY 6, 2015

   An act  to add Section 11056 to the Penal Code, 
relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 86, as amended, McCarty. Peace officers:  independent
review panel.   Department of Justice: independent
investigation. 
   Existing law  establishes the Department of Justice under the
direction and control of the Attorney General, and requires the
Department of Justice to perform duties in the investigation of
crimes as may be assigned by the Attorney General. Existing law 
requires each department or agency in this state that employs peace
officers to establish a procedure to investigate complaints by
members of the public against the personnel of these departments or
agencies, as specified. 
   This bill would declare the intent of the Legislature to enact
legislation that would establish, within the Department of Justice,
an independent review panel to investigate and provide an independent
review of peace officer involved shootings and other uses of force
resulting in death.  
   This bill would require the Attorney General to direct the
commencement of an independent investigation by the Department of
Justice if a peace officer, in the performance of his or her duties,
uses deadly physical force upon another person and that person dies
as a result of the use of that deadly physical force. The bill would
require the department, based on it's investigation, to prepare and
submit a written report setting forth specified information and
recommendations to the Attorney General and to the district attorney
and law enforcement agency of the county in which the use of deadly
physical force by a peace office occurred. The bill would require the
Attorney General to post each written report on the department's
Internet Web site unless any information in the report is required to
be maintained as confidential by any other law. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 11056 is added to the 
 Penal Code   , to read:  
   11056.  (a) (1) If a peace officer, in the performance of his or
her duties, uses deadly physical force upon another person and that
person dies as a result of the use of that deadly physical force, the
Attorney General shall direct the commencement of an independent
investigation by the Department of Justice concerning the use of
deadly physical force by that peace officer.
   (2) For purposes of this section, the occurrence of the use of
deadly physical force by a peace officer resulting in death shall be
referred to as a triggering event.
   (b) Pursuant to this investigation, the department shall determine
all of the following:
   (A) Whether the use of deadly physical force by the peace officer
constituted a crime.
   (B) Whether use of deadly physical force was in violation of a
policy adopted by the law enforcement agency that employs the peace
officer.
   (C) Whether the use of deadly physical force could have been
avoided.
   (c) Upon the conclusion of an investigation, the department shall
prepare and submit a written report to the Attorney General and to
the district attorney and law enforcement agency of the county in
which the triggering event occurred. The written report shall
include, at a minimum, all of the following information:
   (1) A statement of facts.
   (2) A detailed analysis and conclusion for each investigatory
issue described in subdivision (b).
   (3) Recommendations regarding whether there is a basis to
undertake any of the following actions:
   (A) Prosecute.
   (B) Modify the policies and practices of the law enforcement
agency that employed the peace officer who was subject to
investigation under this section.
   (d) The Attorney General shall post and maintain, in a conspicuous
location, on the Department of Justice's Internet Web site each
written report prepared pursuant to subdivision (c) unless any
information in the report is required to be maintained as
confidential by any other law.  
       
  SECTION 1.    It is the intent of the Legislature
to enact legislation to establish, within the Department of Justice,
an independent review panel to investigate and provide an independent
review of peace officer involved shootings and other uses of force
resulting in death.