‘The time to do something is today:’ California police use-of-force bill wins bipartisan backing
A sweeping police use-of-force bill passed a major legislative hurdle on Wednesday with bipartisan backing, paving the way for a new legal standard California officers must meet to justify deadly shootings.
Assembly Bill 392 passed its chamber floor on a 66-0 vote on Wednesday, a week after the proposal was changed to allow officer shootings “based on the totality of the circumstances” instead of only when “necessary.” Current law allows officers to use lethal force if it’s considered “reasonable.”
Both Democrats and Republicans supported the legislation and praised its author, Assemblywoman Shirley Weber, D-San Diego, for striking a “balance” and pursuing an issue that “few people would take on.”
“This has been a challenge for me,” Weber said, citing a 400-year history of brutality against African Americans in the country. “I’m grateful to all of you who listened to me, who hung in there and asked me questions over and over again. A force has always been behind us to move us forward, the force of justice, the force of right, the force of making this nation a better nation every step of the way.”
Several Assembly members became emotional during their testimony and shared personal experiences of racial profiling or their own time in law enforcement.
“In my entire elected experience, never has a bill consumed my thinking as this has,” Republican Assemblyman Tom Lackey said amid tears. “We need to have balance and recognize when something is bringing us together.”
Activist groups and police unions spent the last year in contentious dialogue over how far AB 392 should go in updating the legal standard. A previous version of the bill would have subjected officers to criminal liability by strictly limiting that action to “necessary” circumstances.
Negotiations between police groups and Weber’s team resulted in a lessening of what was called an “impossible standard” by law enforcement lobbyists. As part of the compromise, a once-competing Senate measure now supports AB 392 with training and policy guidelines. Senate Bill 230 also passed its floor this week.
AB 392 earned praise from Democratic leaders and police organizations rescinded their opposition, which set the bill up to pass its chamber and head to the Senate for approval.
Gov. Gavin Newsom previously called AB 392 “an important bill” and both the Assembly’s and Senate’s leaders signed on as co-sponsors.
“The time to do something is overdue,” Assembly Speaker Anthony Rendon said during the floor vote. ”The time to do something is today. We should not miss this opportunity.”
This story was originally published May 29, 2019 at 12:54 PM.