Bill > AB738

Introduced Session

Current law provides the circumstances under which a law enforcement officer may use force. Under current law, a law enforcement officer must make every effort to preserve and protect human life and the safety of all persons. Law enforcement officers may use force that is objectively reasonable based on the totality of the circumstances, including the severity of the crime, if the suspect poses an imminent threat, or if the suspect is actively resisting or evading arrest by flight. This bill adds that a law enforcement officer must use skills and tactics, including de-escalation tactics, that minimize the likelihood that force will become necessary and that a law enforcement officer who is authorized to use force must use the least amount of force necessary to address the threat. Current law allows the Law Enforcement Standards Board to decertify law enforcement officers, tribal law enforcement officers, tactical emergency medical services professionals, jail officers, or juvenile detention officers for a variety of reasons such as if the person violates a rule or policy of LESB, falsifies information for certification, or is convicted of certain crimes. This bill requires LESB to decertify the persons for the current law reasons and adds the following to the list of reasons for decertification: 1) violating or not complying with the law governing the use of force and 2) terminating employment while under investigation for committing an act of official misconduct. Under the bill, a person who is decertified while under investigation for committing an act of official misconduct may not be recertified unless the person receives a waiver from the police commission or police and fire commission, if applicable, or the governing body, of the jurisdiction in which he or she seeks employment and corresponding recertification. The bill also requires that LESB decertify persons within 30 days after the relevant event that is the cause for decertification. The bill requires LESB to develop a model use of force policy for law enforcement agencies to use in addition to complying with the law governing the use of force. The model policy must address interactions with individuals with mental disorders, alcohol or drug problems, dementia disorders, and developmental disabilities; limit the use of force against vulnerable populations; and include other best practices that LESB identifies. For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

Committee Categories

Margaret Arney (D)*,  Ryan Clancy (D)*,  Angelina Cruz (D)*,  Francesca Hong (D)*,  Darrin Madison (D)*,  Supreme Moore Omokunde (D)*,  Christian Phelps (D)*,  Angela Stroud (D)*,  Angelito Tenorio (D)*,  LaTonya Johnson (D),  Chris Larson (D), 

Read first time and referred to Committee on Criminal Justice and Public Safety (on 12/03/2025)

Official Document