Loading chat...

CA SB1347

Bill

Status

Introduced

2/19/2010

Primary Sponsor

Mark Leno

Click for details

Origin

Senate

2009-2010 Session

AI Summary

  • Adds Article 6.1 to the Penal Code to regulate law enforcement use of electronic control weapons (such as tasers), codifying the Ninth Circuit's holding in Bryan v. McPherson (2009) 590 F.3d 767

  • Requires electronic control weapon use by peace officers to be objectively reasonable, compatible with the Fourth Amendment and California Constitution Article 1 Section 13, and only permitted when there is a threat of imminent physical harm to the officer or others

  • Prohibits law enforcement agencies from authorizing electronic control weapons to obtain compliance absent a threat of imminent physical harm

  • Establishes that reasonableness is determined by totality of circumstances with emphasis on whether the suspect poses immediate serious physical threat, and requires consideration of factors including offense severity, resistance, warnings given, less intrusive alternatives, and suspect's mental health status

  • Encourages law enforcement agencies to establish use of force policies consistent with best practices, involve medical and mental health experts, and consult community stakeholders before implementing electronic control weapons programs

Legislative Description

Electronic control weapons.

Last Action

Placed on inactive file on request of Senator Leno.

6/24/2010

Committee Referrals

Public Safety4/5/2010
Rules2/19/2010

Full Bill Text

No bill text available