AB 392: California Act to Save Lives Assemblymember Shirley Weber (D – 79) & Assemblymember Kevin McCarty (D – 7)

SUMMARY in any other U.S. county. These tragedies disproportionately impact communities of color Law enforcement is tasked with keeping the as California police kill unarmed young black and public safe. Protecting and preserving human life Latino men at significantly higher rates than they should guide how they approach this task. do white men. Current law, however, results in officers killing civilians far more often than is necessary, leaving Community trust in law enforcement is many families and communities devastated and undermined when force is used unnecessarily and the general public less safe. disproportionately. Police are less able to do their job when community distrust leads to decreased With the aim of preserving the lives of both respect and cooperation, a situation that increases officers and civilians, AB 392 will update the risks to officers and civilians. California’s use of force standard to reflect the best practices of policing by authorizing deadly As recent events have made clear, Californians force only when necessary to prevent imminent will no longer tolerate these deaths as acceptable death or serious bodily injury. collateral damage for preserving the status quo, especially when there are effective best practices BACKGROUND that will save both officer and civilian lives.

American political ideals require careful EXISTING LAW consideration of how government exercises power over its people. Vigilance is especially California’s law governing when a homicide by necessary in policing where, on a daily basis, an officer is “justified” was written in 1872, and democratic notions of liberty, security and not only fails to include best practices but autonomy are poised against the demands of authorizes deadly force that would violate the public safety and the force that may be required U.S. constitution. to effect it. Because the power to use force is granted by the governed, every effort must be Under current law, police can use deadly force made to ensure that force is exercised with whenever an “objectively reasonable” officer careful attention to preserving the life and dignity would have done so under the same of the individual to remain legitimate. circumstances – regardless of whether there was an immediate threat to life or bodily security, or In 2017, officers killed 172 people in California, whether there were available alternatives. This only half of whom had guns. Police kill more standard provides legal cover for killings that can people in California than in any other state – and be justified under the law, but were not necessary. at a rate 37% higher than the national average per capita. Of the 15 police departments with the THIS BILL highest per capita rates of police killings in the Incorporating policing best practices, AB 392 nation, five are in California: Bakersfield, authorizes police officers to use deadly force only Stockton, Long Beach, Santa Ana and San when it is necessary to prevent an imminent Bernardino. A 2015 report found that police in threat of death or serious bodily injury. The Kern County killed more people per capita than necessity of a use of deadly force is evaluated

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based on the totality of the circumstances, Anti-Defamation League including the conduct of both the officer and Asian Americans Advancing Justice – California subject leading up to the use of force. The bill Asian Law Alliance also clarifies that current law does not conflict Asian Pacific Environmental Network with a requirement for de-escalation. Asian Solidarity Collective Associated Students of the University of If AB 392 becomes law, police departments can California discipline or fire officers who use deadly force AYPAL: Building API Community Power that is unnecessary, and local District Attorneys Chiraag Bains, Former Senior Counsel to the could file criminal charges. Assistant Attorney General, USDOJ Bay Area Student Activists This bill reflects policies that policing experts Bend the Arc: Jewish Action recognize as effective at better preserving life Bet Tzedek Legal Services while also allowing officers the latitude needed to Black American Political Association of ensure public safety. Under President Obama, the California U.S. Department of Justice helped many cities Black Women’s Institute for Leadership adopt similar policies, including San Francisco Development and Seattle. Seattle’s federal monitor determined Black Youth Leadership Project that the policy change resulted in a marked Brothers Sons Selves Coalition reduction in serious uses of force without Cal Black Student Union compromising the safety of officers. California Black Health Network California Calls SUPPORT California Civil Liberties Advocacy ACLU of California (Co-Sponsor) California Foundation for Independent Living Alliance for Boys and Men of Color/PolicyLink Centers California Immigrant Policy Center (Co-Sponsor) Anti Police-Terror Project (Co-Sponsor) California Labor Federation California Faculty Association (Co-Sponsor) California Latinas for Reproductive Justice California Families United 4 Justice (Co- California League of United Latin American Sponsor) Citizens Communities United for Restorative Youth California National Party Justice (CURYJ) (Co-Sponsor) California Nurses Association/National Nurses Justice Teams Network (Co-Sponsor) United PICO California (Co-Sponsor) California Pan-Ethnic Health Network STOP Coalition (Co-Sponsor) California Public Defenders Association UDW America – AFSCME Local 3930 (Co- California Urban Partnership Sponsor) California Voices for Progress Youth Justice Coalition (Co-Sponsor) Center for African Peace and Conflict Resolution AFSCME Local 3299 Center on Juvenile and Criminal Justice Alameda Labor Council Cesar Chavez Service Club at San Diego High All Saints Church School Alliance of Californians for Community Change Begins With Me Empowerment Children’s Defense Fund – California Alliance San Diego City of San Diego American Friends Service Committee Roger Clark, Retired Los Angeles County Amnesty International Sacramento group 283 Sheriff’s Department Lieutenant Amnesty International USA Clergy & Laity United for Economic Justice Cloverdale Indivisible

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Coalition for Humane Immigrant Rights Indivisible San Diego Central Coalition for Justice and Accountability Indivisible Sausalito Committee for Racial Justice Indivisible Stanislaus Community Coalition for Substance Abuse Indivisible South Bay – LA Prevention and Treatment Indivisible Ventura Council on American-Islamic Relations - CA Indivisible Watu Courage Campaign Indivisibles of Sherman Oaks CWA Local 9415 Initiate Justice Davis People Power InnerCity Struggle Delta Sigma Theta Sorority, Inc. – San Diego Jewish Public Affairs Committee of CA Alumnae Chapter Jewish Voice for Peace – San Diego Chapter Democrats of Greater Riverside Justice & Witness Ministry of Plymouth United Disability Rights California Church of Christ Drug Policy Alliance Justice for Josiah Campaign Earl B. Gilliam Bar Association Kehilla Community Synagogue EduResearcher LA Voice Ella Baker Center League of Women Voters of California Empowering Pacific Islander Communities Legal Services for Prisoners with Children Exonerated Nation Links, Inc. – Sacramento Chapter Fair Chance Project Los Angeles Black Worker Center Faith in Action East Bay Los Angeles City Councilmember Marqueece Fannie Lou Hamer Institute Harris-Dawson Fathers & Families of San Joaquin Los Angeles County Democratic Party Feminists in Action Los Angeles Christy E. Lopez, Former Deputy Chief, Special Frederick Douglass Family Initiatives Litigation Section, Civil Rights Division, USDOJ Friends Committee on Legislation of California March For Our Lives California Greater Sacramento Urban League March On Michael Gennaco, Police Practices Expert Mid-City CAN Green Party of Los Angeles County MILPA Green Party of Sacramento County Martin Monica, Retired Police Chief of Parlier HAWK Institute NARAL Pro-Choice Healing Dialogue and Action National Association for the Advancement of Hillcrest Indivisible Colored People – California State Conference Homie UP National Association of Social Workers, Human Impact Partners California Chapter If/When/How: Lawyering for Reproductive National Center for Youth Law Justice National Compadres Network Japanese American Citizens League, San Jose National Juvenile Justice Network Chapter National Lawyers Guild Los Angeles Imani Community Church National Union of Healthcare Workers Indivisible CA-37 Nihonmachi Outreach Committee of San Jose Indivisible CA-43 Jeff Noble, Retired Irvine Police Deputy Chief Indivisible CA: StateStrong Oakland Mayor Libby Schaaf Indivisible Colusa County Oakland Police Commission Indivisible Marin Oakland Privacy Indivisible Peninsula and CA-14 Orange County Communities Organized for Indivisible Project Responsible Development Indivisible Sacramento Orchard City Indivisible

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Our Revolution Long Beach Santa Clara University School of Law’s Pacific Palisades Democratic Club International Human Rights Clinic Pacifica Progressive Alliance Self-Awareness and Recovery Pacifica Social Justice Service Employees International Union (SEIU) Pan African Global Trade and Development California Conference SEIU Local 1000 Partnership for the Advancement of New Showing Up For Racial Justice (SURJ) Americans Sigma Pi Phi Fraternity Paving Great Futures Sister Warriors Freedom Coalition Pillars of the Community Smart Justice California Peace and Freedom Party of California Jonathan M. Smith, Former Chief, Special People Power LA | West Litigation Section, Civil Rights Division, USDOJ People’s Alliance for Justice Social & Environmental Justice Committee of the The Praxis Project Universalist Unitarian Church of Riverside Prevention Institute Southeast Asia Resource Action Center Progressive Students of MiraCosta College SURJ Bay Area Public Health Advocates SURJ Boston Public Health Justice Collective SURJ Marin The Resistance Northridge – Indivisible SURJ at Sacred Heart Reuniting Families Contra Costa SURJ San Diego Reverend Al Sharpton SURJ Santa Barbara Revolutionary Scholars Starting Over, Inc. Riverside Temple Beth El Stonewall Democratic Club Rooted in Resistance Think Dignity Sacramento Area Black Caucus Together We Stand Sacramento Jewish Community Relations Together We Will/Indivisible – Los Gatos Council UAW Local 2865 Sacramento LGBT Community Center UAW Local 5810 Sacramento Regional Coalition for Palestinian United Food and Commercial Workers Western Rights States Council Sacramento State Black Student Union University of South Carolina Professor Alpert Saint Mark LA United Methodist Church University of South Carolina Professor Stoughton San Diegans for Criminal Justice Reform University Professional and Technical Employees San Diego City College’s Urban Scholar’s Union – Communication Workers of America San Diego Coalition for Reproductive Justice W. Haywood Burns Institute San Diego Immigrant Rights Consortium We The People – San Diego San Diego La Raza Lawyers Association Western Center on Law and Poverty San Diego LGBT Community Center Western Institute for Social Research San Diego LGBT Pride White People 4 Black Lives San Francisco District Attorney George Gascon Women For: Orange County San Francisco No Injunctions Coalition Women’s Foundation of California San Francisco Peninsula People Power Women’s Health Specialists San Francisco Public Defender’s Office Youth ALIVE! San Jose Nikkei Resisters Youth Forward San Jose/Silicon Valley NAACP 64 Individuals San Mateo Adult School Federation of Teachers - CFT Local 4681 NEUTRAL Santa Barbara Women’s Political Committee

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Association for Los Angeles Deputy Sheriffs Contra Costa County Deputy Sheriffs Association Association of Orange County Deputy Sheriffs County of San Diego California Association of Highway Patrolmen El Cerrito Police Employees Association California Peace Officers’ Association Fresno County California Police Chiefs Association Fresno Police Officers Association California State Sheriffs’ Association Glendale Police Officers’ Association California Statewide Law Enforcement Hanford Police Officers’ Association Association Hawthorne Police Officers Association Chief Probation Officers of California Kern Law Enforcement Association Crime Victims United of California Kings County Deputy Sheriff’s Association Fraternal Order of Police League of California Cities Long Beach Police Officers Association Los Angeles County Professional Peace Officers Los Angeles County Sheriff’s Department Association Los Angeles Police Protective League Manhattan Beach Police Officer’s Association Peace Officers Research Association of National Association of Police Organizations, California Inc. Riverside County District Attorney Michael Napa County Deputy Sheriffs’ Association Hestrin North Valley Chapter of PORAC Riverside County Sheriff’s Department Oakland Police Officers’ Association Riverside Sheriffs’ Association Ontario Police Officers’ Association, Inc. Sacramento County Deputy Sheriffs’ Association Peace Officers Association of Petaluma Redondo Beach Police Officers’ Association OPPOSITION Resource Protection Peace Officers Association Anaheim Police Association Sacramento County Alliance of Law Brawley Public Safety Employee Association Enforcement San Diego Community College Police Officers Brisbane Police Officers Association Burbank Police Officers’ Association Association California Association of Code Enforcement San Diego County Probation Officers Association Officers San Diego District Attorney Investigator’s California College and University Police Chiefs Association Association San Diego Harbor Police Officers Association California Correctional Supervisors Organization San Francisco Police Officers Association California Narcotic Officers Association San Joaquin County Deputy Sheriff’s Association California Rifle and Pistol Association Santa Barbara County Deputy Sheriffs’ Chula Vista Police Officers Association Association City of Camarillo Shasta County Board of Supervisors City of Clovis Solano County Deputy Sheriff Association City of Cypress Southwest California Legislative Council City of El Centro Stockton Police Officer’s Association City of Escalon Tehama County Deputy Sheriff’s Association City of Fountain Valley Union City Police Officer’s Association City of Garden Grove Upland Police Management Association City of Hemet Ventura County Deputy Sheriffs’ Association City of La Palma Ventura County Sheriff William Ayub City of Los Alamitos Yreka Police Officers Association City of Mission Viejo 6 Individuals City of Ontario FOR MORE INFORMATION

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Anthony DiMartino Legislative Director Office of Assemblymember Shirley Weber 916-319-2079 [email protected]

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