California 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 6 D · 2 R cosponsors

AB 66 — Police: use of force.

Last action — Ordered to inactive file by unanimous consent.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 the use of kinetic energy projectiles or chemical agents, as defined, by any law enforcement agency to disperse any assembly, protest, demonstration, or other gathering of persons, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would prohibit the use of chloroacetophenone tear gas or 2-chlorobenzalmalononitrile gas by law enforcement agencies to disperse any assembly, protest, demonstration, or other gathering of persons. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be fired at a specific target who presents a clear and imminent threat to themselves, the officers, or other persons. The bill would make these provisions inapplicable within a state prison facility. Existing law requires specified law enforcement agencies, by no later than January 1, 2021, to maintain a policy on the use of force that meets specified requirements. This bill would require those agencies, by no later than January 1, 2022, to include in those policies specified guidelines relating to deployment at assemblies, protests, demonstrations, and similar gatherings of people. Existing law requires each law enforcement agency to annually report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified. The bill would also require each law enforcement agency, beginning on January 1, 2023, to report any incident in which a kinetic energy projectile or chemical agent is used against a person resulting in a reported injury. The bill would require those agencies, commencing on March 31, 2024, to annually publish a report on their use of kinetic energy projectiles and chemical agents. The bill would require a city in which federal law enforcement is operating to request that the federal law enforcement agency refrain from the use of kinetic energy projectiles or chemical agents to disperse any assembly, protest, demonstration, or other gathering, except as specified in the standards. By imposing new duties on law enforcement agencies and cities, this bill would create 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. Ordered to inactive file by unanimous consent.

  2. Read second time. Ordered to third reading.

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

  4. Read second time. Ordered to third reading.

  5. Read second time and amended. Ordered returned to second reading.

  6. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).

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

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (August 7). Re-referred to Com. on APPR.

  9. 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.

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

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

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

  13. Referred to Com. on RLS.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 3888.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 18. Noes 0.) (January 23).

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

  19. Re-referred to Com. on APPR.

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

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (May 6). Re-referred to Com. on APPR.

  22. Re-referred to Com. on REV. & TAX.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  24. In committee: Hearing for testimony only.

  25. Measure version as amended on April 22 corrected.

  26. Re-referred to Com. on REV. & TAX.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  28. Re-referred to Com. on REV. & TAX.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  30. Referred to Com. on REV. & TAX.

  31. From printer. May be heard in committee January 3.

  32. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 109 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (12)

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"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

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Hill — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Nay
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 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 51001
Democratic 21001
Republican 6000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Cooper — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Medina — Yea
Kamlager — Yea
Chu — Yea
Ting — Yea
McCarty — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Gloria — Yea
Obernolte — Yea
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Fong — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Rendon — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
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 Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 12000
Republican 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Fong — Yea
Brough — Yea
Maienschein — Yea
Bigelow — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 66 do?
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 the use of kinetic energy projectiles or chemical agents, as defined, by any law enforcement agency to disperse any assembly, protest, demonstration, or other gathering of persons, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would prohibit the use of chloroacetophenone tear gas or 2-chlorobenzalmalononitrile gas by law enforcement agencies to disperse any assembly, protest, demonstration, or other gathering of persons. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be fired at a specific target who presents a clear and imminent threat to themselves, the officers, or other persons. The bill would make these provisions inapplicable within a state prison facility. Existing law requires specified law enforcement agencies, by no later than January 1, 2021, to maintain a policy on the use of force that meets specified requirements. This bill would require those agencies, by no later than January 1, 2022, to include in those policies specified guidelines relating to deployment at assemblies, protests, demonstrations, and similar gatherings of people. Existing law requires each law enforcement agency to annually report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified. The bill would also require each law enforcement agency, beginning on January 1, 2023, to report any incident in which a kinetic energy projectile or chemical agent is used against a person resulting in a reported injury. The bill would require those agencies, commencing on March 31, 2024, to annually publish a report on their use of kinetic energy projectiles and chemical agents. The bill would require a city in which federal law enforcement is operating to request that the federal law enforcement agency refrain from the use of kinetic energy projectiles or chemical agents to disperse any assembly, protest, demonstration, or other gathering, except as specified in the standards. By imposing new duties on law enforcement agencies and cities, this bill would create 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 66?
AB 66 is sponsored by Kalra, Ash (Democratic), Chiu, McCarty, Rivas, Robert (Democratic), Santiago, Ting, Weber, Durazo, Maria Elena (Democratic), Wiener, Scott D. (Democratic), Carrillo, Juan (Democratic), Garcia, Robert (Democratic), and Gonzalez, Jeff (Republican).
What is the current status of AB 66?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 66?
Track AB 66 free on One Click Politics — get push/email alerts when it moves.

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