CA Assembly Passes Police Use of Force Legislation

Wednesday, May 29, 2019

AB 392 Speaking at a press availability after Assemby Floor vote

CA Assembly Passes Police Use of Force Legislation

AB 392 , the California Act to Save Lives moves to Senate with bipartisan support

SACRAMENTO - The California State Assembly passed legislation today authored by Assemblymember Shirley N. Weber (D-San Diego) and Assemblymember Kevin McCarty (D-Sacramento) that would restrict the police use of deadly force statewide. AB 392 moved to the Senate on a 67-0 vote after law enforcement groups removed opposition and the bill gained the support of California Governor Gavin Newsom, Senate Pro Tem Toni Atkins and Assembly Speaker Anthony Rendon.

“I am proud of my colleagues today,” Weber said. “Significant change is never easy, but those who voted today looked to their conscience and found the courage to do the right thing for California. I have to thank the families who have lost loved ones to police violence. They have been the energy and the moral compass for making this possible.”

“It is clear that the time for change is now. California is watching. Frankly, the nation is watching,” said Assemblymember Kevin McCarty. “I am pleased to see AB 392 pass the Assembly. This bill will modernize the use-of-force standard, increase public trust in law enforcement and make our communities safer.”

Cephus Johnson, an executive board officer for Families United 4 Justice said bill is a step in the right direction for preventing future deaths. His nephew, who was killed by BART police in 2009, was the subject of the film “Fruitvale Station”.

“As an impacted family member and the uncle of Oscar Grant, there is no horror comparable to the excessive use of force by the police that takes your loved one's life. This horror is forever etched into your memory, perhaps, because it could have been prevented,” he said. AB 392’s goal is protecting human life and safeguarding human rights. On behalf of myself and California Families United 4 Justice, we want to thank Assemblywoman Dr. Weber, the Governor, leadership and all those who supported this bill.”

AB 392 will change the standard under which officers use deadly force. AB 392 will require that officers use deadly force only when there is an imminent threat of death or serious bodily injury to themselves or others. The bill will expand the use of de-escalation and other non-lethal  policing strategies by making clear that officers must use other resources and techniques, whenever safe and feasible. These changes will be reflected in both law enforcement agency policy and officer training statewide. Officers who violate the new standard will be subject to prosecution.

The bill now moves to the Senate for consideration.