17 - Laserfiche WebLink

who fails to intercede be disciplined in the same manner as the officer who used excessive force. Recommended Position: Oppose unless amended While the duty to intercede is a moral requirement, this bill creates a scenario where an officer arriving on scene with limited knowledge and context could be held liable and disciplined at a high level for being present at the incident without direct knowledge of what occurred.The legislation also removes local control in discipline by requiring the department to impose the same level of discipline without any consideration of mitigating or aggravating circumstances. AB 1196 (Gipson) Peace officers: use of force. Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. This bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined, and techniques or transport methods that involve a substantial risk of positional asphyxia, as defined. Recommended Position: Support with amendments The bill has not been amended to clarify the overly vague language used to define positional asphyxia. This lack of clarity will create uncertainty in the implementation of the law. AB 1299 (Salas) Peace officers: employment. This bill would require any agency that employs peace officers to notify the Commission on Peace Officer Standards and Training when a peace officer separates from employment, including details of any termination or resignation in lieu of termination. This bill would require an agency to notify the commission if an officer leaves the agency with a complaint, charge, or investigation pending, and would require the agency to complete the investigation and notify the commission of its findings. The bill would require the commission to include this information in an officer's profile and make that information available to specified parties including any law enforcement agency that is conducting a pre-employment background investigation of the subject of the profile. Recommended Position: Support This bill provides a high level of transparency and accountability for law enforcement officers and provides a resource to law enforcement agencies to ensure that they hire the highest caliber of officer to serve our community. AB 1506 (McCarty) Police use of force. Existing law requires law enforcement agencies to maintain a policy on the use of force and requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. Existing law requires law enforcement agencies to report to the Page 9 of 11