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California is about to have the country’s most strict police use-of-force standards.  Assembly Bill 392, did not start out looking like it would go the distance but when the language in the bill with which police did not agree was removed, things changed.  Law enforcement groups became more open to the bill and dropped their resistance to it.  Additionally, the governor, along with many leading political figures, announced that they supported the bill.

 

While Governor Gavin Newsom feels the bill is a way to help improve the confidence that local communities have in the criminal justice system, police are moving forward hesitantly.  According to Ron Hernandez, president of the Assembly for Los Angeles Deputy Sheriffs, the full bill is not supported by the group but the changes and amendments that were made have helped them to accept what it has become, even if it is with trepidation.

 

The Push for the Bill

When Stephon Clark was killed in 2018 by Sacramento police officers after law enforcement mistakenly believed his phone was a weapon, activists called for accountability.  The complaints about the use of deadly force on the African American community grew and drew attention to forming Assembly Bill 392.  Police, for their part, felt that this bill put their lives in danger through having officers second guess themselves when they could be in deadly situations.  The two segments had significant difficulty coming to an agreement.  After the amendments were made, many in law enforcement decided they could be neutral with regards to the changes and the final bill.

 

The Language

All the language in the original bill that made it clear that law enforcement must in all circumstances use every non-lethal method before deadly force could be used was taken out. Additionally, the dispute over the words “reasonable” and “necessary” with regards to when to use lethal force ended in “reasonable” being removed and replaced with “necessary.”  The restructuring of the language in total essentially removes a much more tolerant approach for the use of deadly force.  Instead, it is replaced with a stronger standard procedure before deadly force could be employed.

 

Additionally, the ability to review and investigate lethal incidents will be increased.  Instead of only looking at the exact moment that the incident occurs, this bill would take a look at the entire incident from the start of the contact to the end for assessing the incident.  This information does include everything that the officer did prior to the killing of an individual.

 

Finding a Criminal Defense Attorney in California

If you or someone you know has had an encounter with law enforcement where excessive use of force was engaged, you may have a case.  If you were apprehended and were charged with resisting arrest because of excessive manhandling by authorities, time is of the essence.  Don’t wait to call a criminal defense attorney in California and discuss your case.  Manshoory Law Group can offer support and guidance as well as build a solid case for you.  Call us today at 877-977-7750 and speak with one of our experienced attorneys.