California may limit when law enforcers can open fire

Several lawmakers and the family of a 22-year-old unarmed black man fatally shot by police proposed Tuesday that California become the first state to significantly restrict when officers can open fire.

The legislation wo u ld change the standard from using “reasonable force” to “necessary force.”

That means officers would be allowed to shoot only if “there were no other reason- able alternatives to the use of deadly force” to prevent immi- nent serious injury or death, said Lizzie Buchen, legislative advocate for the American Civil Liberties Union, among the groups behind the measure.

“We need to ensure that our state policy governing the use of deadly force stresses the sanctity of human life and is only used when necessary,” said Assemblywoman Shir- ley Weber, a San Diego Democrat who introduced the bill. “Deadly force can be used, but only when it is completely necessary.”

The goal is to encourage officers to try to defuse con- frontations or use less deadly weapons, said Democratic Assemblyman Kevin McCarty of Sacramento, who is co-authoring the legislation.

“We should no longer be the target practice or victims of a shoot first, ask questions later police force,” said Assem- blyman Chris Holden, chair- man of the Legislative Black Caucus.

California’s current standard makes it rare for officers to be charged after a shooting and rarer still for them to be convicted. Often it’s because of the doctrine of “reasonable fear.” If prosecutors or jurors believe that officers have a reason to fear for their safety, they can use deadly force.

The tougher proposed standard could require officers to delay confronting a suspect they fear may be armed until backup arrives or force police to give explicit verbal warnings that suspects will be killed unless they drop the weapon,” said Buchen of the ACLU.

The proposal would open officers who don’t follow the stricter rules to discipline or firing, sometimes even criminal charges.