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THE CITY OF <br /> & • r - u: <br /> ......... : <br /> pLE ASANTON, <br /> Existing law requires the board to deny an application if it finds that the victim failed to <br /> cooperate reasonably with a law enforcement agency in the apprehension and <br /> conviction of a criminal committing the crime. This bill would prohibit the board from <br /> determining that a victim failed to cooperate with law enforcement based upon their <br /> conduct with law enforcement at the scene of the crime or in a hospital following the <br /> crime, and specify that lack of cooperation shall not be found solely because a victim <br /> delayed in reporting the qualifying crime. The bill would, notwithstanding those <br /> provisions, prohibit the board from denying an application based solely upon the victim's <br /> failure to cooperate if the claim is for injury or death that happened as a result of the use <br /> of excessive force by a peace officer. <br /> The bill would prohibit the board from denying an application for a claim based on <br /> injuries or death as a result of the use of excessive force by a peace officer based solely <br /> on a police report, or the lack thereof, or based upon whether the peace officer was <br /> arrested or charged with a crime. The bill would, absent a police report, authorize these <br /> claims to be supported by other evidence. The bill would also prohibit the board from <br /> denying an application, in whole or in part, based solely upon the contents of a police <br /> report, or because a police report was not made by the victim, or based upon whether <br /> any suspect was arrested or charged with the qualifying crime. The bill would require <br /> the board to consider other evidence to establish that a qualifying crime occurred. This <br /> bill would declare that it is to take effect immediately as an urgency statute. <br /> This bill changes the definition of crime to include the use of force by a peace officer <br /> that is beyond what is reasonable under the totality of the circumstances, and that <br /> causes the victim injury or death, regardless of whether the peace officer is arrested for <br /> or charged with the commission of a crime or a public offense. This bill substantially <br /> changes the current purpose of The California Victim Compensation Board's role and <br /> increases the funding that will be needed to address any claim as it relates to use of <br /> excessive force by a peace officer. <br /> AB 846 (Burke) Public employment: public officers or employees declared by law <br /> to be peace officers. <br /> Existing law defines persons employed in specified capacities to be peace officers in the <br /> state of California and authorizes certain entities to appoint and employ peace officers. <br /> Existing law establishes the Commission on Peace Officer Standards and Training <br /> within the Department of Justice to perform various functions involving the training of <br /> peace officers. Existing law requires peace officers in this state to meet specified <br /> minimum standards, including, among other requirements, that peace officers be <br /> evaluated by a physician and surgeon or psychologist and found to be free from any <br /> physical, emotional, or mental condition that might adversely affect the exercise of the <br /> powers of a peace officer. <br /> This bill would require that evaluation to include bias against race or ethnicity, gender, <br /> nationality, religion, disability, or sexual orientation. The bill would require the <br /> 4 <br />