Amended  IN  Senate  July 03, 2024
Amended  IN  Senate  June 10, 2024
Amended  IN  Assembly  May 16, 2024
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 Section 13519.18 to the Penal Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 2042, as amended, Jackson. Police canines: guidelines.
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 July 1, 2026, to develop guidelines, as specified, for the use of canines by law enforcement. The bill would authorize the commission to periodically update these guidelines. The bill would require law enforcement agencies with a canine unit, on or before July 1, 2027, to adopt a policy for the use of canines that, at a minimum, complies with the 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.
This bill would make the operation of its provisions contingent upon the enactment of AB 3241 of the 2023–24 Regular Session.
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) (1) On or before January July 1, 2026, the commission shall develop guidelines for the use of canines by law enforcement.
(2) The guidelines shall be comprehensive and shall establish all of the following:
(A) A requirement that an officer may deploy a canine only if the officer reasonably believes it believes, based on the totality of circumstances, that such deployment is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or physical threat of resistance.
(B) Requirements for related to the use of an unleashed police canine to arrest or apprehend a person.
(C) Requirements for A general prohibition on the use of a police canine for crowd control at an assembly, protest, or demonstration.
(D) Procedures to minimize harm to innocent bystanders by an unleashed police canine.
(3) The commission may periodically amend the guidelines developed pursuant to this subdivision.
(b) On or before July 1, 2027, each law enforcement agency with a canine unit shall adopt a policy for the use of canines by the agency that, at a minimum, complies with the guidelines developed pursuant to subdivision (a).

SEC. 2.

 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.

SEC. 3.

 This act shall become operative only if Assembly Bill 3241 of the 2023–24 Regular Session is enacted and becomes effective on or before January 1, 2025.