Bill Text: CA AB2042 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Police canines: guidelines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2024-08-15 - In committee: Held under submission. [AB2042 Detail]

Download: California-2023-AB2042-Amended.html

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2042


Introduced by Assembly Member Jackson

February 01, 2024


An act to add Sections 13519.18 and 13519.19 to the Penal Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 2042, as amended, Jackson. Police canines: standards and training.
Existing law requires all law enforcement agencies to maintain a use of force policy, as specified, and requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the training of law enforcement officers in the use of force.
This bill would require the commission, on or before January 1, 2026, to develop standards and training guidelines, as specified, for the use of canines by law enforcement. The bill would require each law enforcement agency in California, on or before January 1, 2027, to adopt a policy for the use of canines that, at a minimum, complies with the standards developed by the commission, and to require regular and periodic training for all canines and canine handlers that covers, at a minimum, the training guidelines developed by the commission. Because the bill would impose additional requirements on local law enforcement agencies, the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13519.18 is added to the Penal Code, to read:

13519.18.
 (a) On or before January 1, 2026, the commission shall develop standards for the use of canines by law enforcement. The standards shall, at a minimum, address establish guidelines based upon established best practices for all of the following:
(1) Restrictions on the The use of an unleashed police canine to arrest or apprehend a person in both of the following situations:
(A) A person The person is being pursued for a crime of violence.
(B) A person The person is being pursued for a nonviolent crime.
(2) Restrictions on the The use of a police canine for crowd control at an assembly, protest, or demonstration.

(3)Restrictions on the use of a police canine to bite in any circumstance unless there is an imminent threat of death or serious bodily injury to the officer or another person by the person against whom the canine is used.

(3) Procedures to minimize harm to innocent bystanders by an unleashed police canine.
(b) The commission may from time to time amend the standards to include greater restrictions on the use of canines by law enforcement.
(c) On or before January 1, 2027, each law enforcement agency shall adopt a policy for the use of canines by the agency that, at a minimum, complies with the standards developed pursuant to subdivision (a).
(d) For the purposes of this section, “crime of violence” means a felony involving the infliction or threatened infliction of serious bodily injury or death.

SEC. 2.

 Section 13519.19 is added to the Penal Code, to read:

13519.19.
 (a) On or before January 1, 2026, the commission shall develop standardized training guidelines for all law enforcement officers in the use of canines by law enforcement. The training guidelines shall include, at a minimum, all of the following:
(1) An explanation of the guidelines described in Section 13519.18.
(2) A description of the minimum standards for training canines prior to their use by law enforcement.
(3) A description of the minimum standards for training canine handlers before employing canines in the line of duty.
(b) On or before January 1, 2027, each law enforcement agency shall require regular and periodic training for all canines and canine handlers that, at a minimum, covers the information in subdivision (a).

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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