California 2019-2020 Regular Session Status: Enacted Bipartisan · 19 D · 2 R cosponsors

AB 1196 — Peace officers: use of force.

Last action — Chaptered by Secretary of State - Chapter 324, Statutes of 2020.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 44 sponsors

    1 primary, 43 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (19 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law 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. This bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. By requiring local agencies to amend use of force policies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 324, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 0. Page 5487.).

  5. Ordered to the unfinished business file.

  6. Action rescinded whereby the bill was re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  7. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 1.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 5. Noes 1.) (August 20).

  14. In committee: Referred to APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (August 7). Re-referred to Com. on APPR.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  17. Re-referred to Com. on PUB. S.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  19. Referred to Com. on RLS.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 12. Page 3941.)

  22. Ordered to third reading.

  23. From inactive file.

  24. Notice of intention to remove from inactive file given by Assembly Member Gipson.

  25. Ordered to inactive file at the request of Assembly Member Gipson.

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 13. Noes 4.) (May 16).

  28. In committee: Set, first hearing. Referred to APPR. suspense file.

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 24).

  32. Re-referred to Com. on ED.

  33. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

  34. Referred to Com. on ED.

  35. From printer. May be heard in committee March 24.

  36. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 43 co-sponsors · 78 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (43)

Not signed on (78)

78 members have not signed on to this bill.

Show all 78 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 67 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 42009
Democratic 22000
Republican 3003
Total 670012
% of votes cast 85%0%0%15%
How each member voted (79)
Member Party Vote
Diep — Yea
Cunningham — Yea
Daly — Yea
Salas — Yea
Gray — Yea
Ting — Yea
Cooper — Yea
Levine — Yea
Nazarian — Yea
Jones-Sawyer — Yea
Mayes — Yea
Friedman — Yea
Wood — Yea
Rendon — Yea
Holden — Yea
Medina — Yea
Bloom — Yea
Waldron — Yea
Mullin — Yea
Chiu — Yea
Burke — Yea
Maienschein — Yea
Weber — Yea
Brough — Yea
Kamlager — Yea
Santiago — Yea
Smith — Yea
Gonzalez — Yea
Quirk — Yea
Gloria — Yea
McCarty — Yea
Chu — Yea
Low — Yea
O'Donnell — Yea
Obernolte — Yea
Chau — Yea
Cooley — Yea
Frazier — Not Voting
Bigelow — Not Voting
Rodriguez — Not Voting
Eggman — Not Voting
Voepel — Not Voting
Fong — Not Voting
Mathis — Not Voting
Kiley — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Passed 33 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 10000
Unaffiliated 22104
Republican 1002
Total 33106
% of votes cast 83%3%0%15%
How each member voted (40)
Member Party Vote
Galgiani — Yea
Leyva — Yea
Bradford — Yea
Hill — Yea
Hertzberg — Yea
Hueso — Yea
Rubio — Yea
Allen — Yea
Pan — Yea
Monning — Yea
Moorlach — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Mitchell — Yea
Portantino — Yea
Glazer — Yea
Dodd — Yea
Beall — Yea
Roth — Yea
Chang — Yea
Atkins — Yea
Nielsen — Nay
Bates — Not Voting
Morrell — Not Voting
Borgeas — Not Voting
Melendez — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 0100
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Hill — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Leyva — Yea
Bates — Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 61 Yea · 12 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 40804
Democratic 21001
Republican 0402
Total 611207
% of votes cast 76%15%0%9%
How each member voted (80)
Member Party Vote
Salas — Yea
Brough — Yea
Mayes — Yea
Frazier — Yea
Cooley — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Kamlager — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Fong — Nay
Voepel — Nay
Kiley — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Cunningham — Nay
Gray — Not Voting
Rendon — Not Voting
Diep — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6100
Unaffiliated 7301
Total 13401
% of votes cast 72%22%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Brough — Nay
Obernolte — Nay
Bigelow — Nay
Diep — Not Voting
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1196 do?
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. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law 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. This bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. By requiring local agencies to amend use of force policies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 1196?
AB 1196 is sponsored by Gipson, Mike A. (Democratic), Chiu, Grayson, Timothy S. (Democratic), Santiago, Weber, Rendon, Durazo, Maria Elena (Democratic), Wiener, Scott D. (Democratic), Bauer-Kahan, Rebecca (Democratic), Berman, Marc (Democratic), Bloom, Burke, Cervantes, Sabrina (Democratic), Eggman, Gabriel, Jesse (Democratic), Gloria, Holden, Jones-Sawyer, Kalra, Ash (Democratic), Levine, Low, McCarty, Nazarian, Reyes, Eloise Gómez (Democratic), Rivas, Robert (Democratic), Salas, Ting, Waldron, Archuleta, Bob (Democratic), Beall, Caballero, Anna M. (Democratic), Chang, Dodd, McGuire, Mike (Democratic), Mitchell, Skinner, Stern, Henry I. (Democratic), Umberg, Thomas J. (Democratic), Gonzalez, Jeff (Republican), Garcia, Robert (Democratic), Bonta, Mia (Democratic), Carrillo, Juan (Democratic), and Travis Allen.
What is the current status of AB 1196?
This bill has been enacted into law. Introduced February 21, 2019. Enacted.
Where can I track AB 1196?
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