California’s police use-of-force bill gets buy-in from law enforcement
SACRAMENTO — Law enforcement groups opposing a California bill that promises the nation’s toughest police use-of-force standard have unexpectedly stood down, and now the legislation is poised to win approval by year’s end after a series of changes Thursday.
Assembly Bill 392 has been one of the year’s hardestfought measures, with Black Lives Matter and other groups championing it as bringing unprecedented accountability for how police use deadly force, especially in communities of color.
Police argued it would put their lives at risk by allowing their split-second decisions to be second-guessed.
The bill was amended Thursday, and a law enforcement official speaking on background said the police groups had removed their opposition to it, a crucial win as a legislative deadline approaches at the end of the month.
California Gov. Gavin Newsom has also signaled support. A source with knowledge of the process said the governor’s office had been in discussions with the bill’s authors and legislative leaders about it for several weeks.
The bill is likely to advance to a vote of the full Assembly in coming days.
At the core of the dispute over the measure was changing the standard for when lethal force can be used from when it is “reasonable” to when it is “necessary.”
The bill, substantially restructured, retains the “necessary” language — though its definition has been removed. Also removed is language explicitly requiring officers to exhaust nonlethal alternatives before resorting to deadly force.
“This is a strong bill that moves California from having one of the most permissive useof-force statutes in the country to the strongest necessary standard,” said Peter Bibring, an American Civil Liberties Union lawyer who helped write the bill. “This bill will save lives.”
The bill also retains language that will expand the scope of investigations around lethal incidents. Current law permits only the moment the deadly force is used to be considered when determining whether an officer acted legally.