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Department of Justice any incident in which a peace officer is involved in a shooting or <br /> use of force that results in death or serious bodily injury. This bill would create a division <br /> within the Department of Justice to, upon the request of a law enforcement agency, <br /> review the use-of-force policy of the agency and make recommendations. <br /> Recommended Position: Support <br /> This provides an additional resource to law enforcement agencies for review of their <br /> use-of-force policies. <br /> AB 1709 (Weber) Law enforcement: use of force. <br /> Existing law authorizes a peace officer who has reasonable cause to believe that the <br /> person to be arrested has committed a public offense to use objectively reasonable <br /> force to effect the arrest, to prevent escape, or to overcome resistance. Existing law <br /> specifies that a peace officer who is making an arrest need not retreat or desist from <br /> their efforts by reason of resistance or threatened resistance of the person being <br /> arrested. This bill would remove the specification that a peace officer making an arrest <br /> need not desist in their efforts because of resistance or threatened resistance from the <br /> person being arrested. The bill would also require a peace officer to attempt to control <br /> an incident through deescalation tactics in an effort to reduce or avoid the need to use <br /> force, to render medical aid immediately or as soon as feasible, and to intervene to stop <br /> a violation of law or an excessive use of force by another peace officer. <br /> Recommended Position: Oppose <br /> This bill undermines the work on police use of force reform in AB 392 from last session. <br /> The prior reforms have not been fully implemented. It lessens officer protections by <br /> removing language that officers need not desist in their actions to arrest based on the <br /> resistance of the person being arrested. <br /> SB 731 (Bradford) Peace officers: civil rights. <br /> The Tom Bane Civil Rights Act, which is existing law, states that if a person or persons, <br /> whether or not acting under color of law, interferes or attempts to interfere, by threats, <br /> intimidation, or coercion, with the exercise or enjoyment by any individual or individuals <br /> of rights secured by the Constitution or laws of the United States, or of the rights <br /> secured by the Constitution or laws of this state, the Attorney General, or any district <br /> attorney or city attorney, is authorized to bring a civil action for injunctive and other <br /> appropriate equitable relief in the name of the people of the State of California, in order <br /> to protect the exercise or enjoyment of the right or rights secured. Existing law also <br /> authorizes an action brought by the Attorney General, or any district attorney or city <br /> attorney, to seek a civil penalty of$25,000. This bill would provide that a threat, <br /> intimidation, or coercion under the Tom Bane Civil Rights Act may be inherent in any <br /> interference with a civil right and would describe intentional acts for these purposes as <br /> an act in which the person acted with general intent or a conscious objective to engage <br /> in particular conduct. <br /> Page 10 of 11 <br />