Amended  IN  Senate  July 03, 2024
Amended  IN  Senate  June 10, 2024
Amended  IN  Assembly  May 16, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3241

Introduced by Assembly Member Pacheco
(Principal coauthor: Assembly Member Alanis)
(Coauthors: Assembly Members Irwin, Lackey, Stephanie Nguyen, Petrie-Norris, Ramos, Rodriguez, Blanca Rubio, Soria, and Villapudua)
(Coauthors: Senators Alvarado-Gil, Archuleta, Glazer, Roth, and Rubio)

February 16, 2024

An act to add Section 12525.6 to the Government Code, and to add Sections 13519.16, 13519.17, and 13519.18 13519.16 and 13519.17 to the Penal Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 3241, as amended, Pacheco. Law enforcement: police canines.
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 (POST) 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 adopt uniform, minimum guidelines regarding the use of canines by law enforcement, including legal standards established by the bill, and, on or before July 1, 2026, to certify courses of training for all law enforcement canine handlers and those law enforcement supervisors directly overseeing canine programs, as specified. The bill would require, on or before July 1, 2027, each law enforcement agency with a canine unit to maintain a policy for the use of canines by the agency that, at a minimum, complies with the guidelines adopted by POST, and would require law enforcement agencies to establish a training regimen that includes a course certified by the commission. Because the bill would impose additional duties on local law enforcement agencies, the bill would impose a state-mandated local program.
Existing law requires each law enforcement agency to monthly provide a report of, among other things, all instances of a peace officer involved in a use of force against a civilian that results in serious bodily injury or death to the Department of Justice, and requires the department to yearly post a summary of those reports on the department’s OpenJustice Web portal.
This bill would require each law enforcement agency with a canine unit to annually publish a report of the use of canines, as specified, on its internet website. Because the bill would impose additional duties 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 2042 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 12525.6 is added to the Government Code, to read:

12525.6.
 (a) Each law enforcement agency with a canine unit shall annually publish on its internet website a report of only all of the following:
(1) The number of canine units in the agency.
(2) (A) The number of deployments.
(B) Instances in which the canine was deployed for training or demonstration purposes may be reported as a separate category.
(3) The number of times the canine exited the police car inadvertently or without being removed from the police car by the handler.

(3)

(4) The number of interventions.

(4)

(5) The number of incidents of use of force involving a canine.
(b) Only information known to the agency at the time of the report shall be included.
(c) For purpose of this section, the following terms have the following meanings:
(1) (A)“Deployment” means the removal of the canine from the police car for any legitimate law enforcement purpose. purpose, including, but not limited to, removing the canine from the car for training or demonstration purposes.

(B)Allowing the canine a break, training the canine, or using the canine in a demonstration does not mean a deployment for purposes of this section.

(2) “Intervention” means any use of a canine that results in the surrender or apprehension of a suspect by the mere presence of the canine. This can be established by witness statements or clearly articulated facts.
(3) “Force incident” means a bite or other injury to a person caused by a canine during a deployment.
(4) “Law enforcement agency” means any department or agency of the state or any local government, special district, or other political subdivision thereof, that employs any peace officer, as described in Section 830.

SEC. 2.

 Section 13519.16 is added to the Penal Code, to read:

13519.16.
 (a) On or before January July 1, 2026, the commission shall develop uniform, minimum guidelines regarding the use of canines by law enforcement. The guidelines shall stress that the use of canines by law enforcement personnel is of important concern to the community and law enforcement and that law enforcement should safeguard the life, dignity, and liberty of all persons, without prejudice to anyone. The guidelines shall serve as a basis for each agency’s canine policy that the agency is required to adopt pursuant to subdivision (c), and that reflects the needs of the agency, the jurisdiction it serves, and the law.
(b) The guidelines shall include all of the following:

(1)An explanation of the legal standards established pursuant to Section 13519.18 on the use of force with respect to canines.

(2)

(1) An explicitly stated requirement that officers carry out duties, including use of force with respect to canines, in a manner that is fair and unbiased.

(3)

(2) Minimum patrol performance standards, including competencies in obedience, search, apprehension, and handler protection.

(4)

(3) Minimum detection performance standards, including competencies in control, alert, and odor detection.

(5)

(4) Requirements that all patrol canine handlers shall be equipped with a supplemental method of aiding with the release of a bite, including, but not limited to, a breaker bar, e-collar, pinch collar, or other device.

(6)

(5) A requirement that, unless it would otherwise increase the risk of injury or escape, a clearly audible warning the officer reasonably believes it would pose an imminent threat of danger to other persons or substantially increase the risk of a suspect’s escape, a warning clearly audible within the deployment area announcing the potential release of a canine if the suspect does not surrender will be given prior to the release, if feasible. release.

(7)

(6) (A) A requirement that officers allow a reasonable opportunity to a suspect to comply following any warning, if feasible.
(B) For the purposes of this paragraph, “feasible” has the same meaning as defined in Section 7286 of the Government Code.

(8)

(7) Factors for evaluating and reviewing all canine use of force incidents.

(9)

(8) The role of supervisors in the review of use of force canine applications.

(10)

(9) A requirement that any canine team that does not meet the agency’s required training regimen and guidelines will be prohibited from field assignment with the canine until such training and guidelines have been successfully satisfied.
(c) (1) On or before July 1, 2027, each law enforcement agency with a canine unit shall maintain a policy for the use of canines by the agency that, at a minimum, complies with the guidelines and requirements described in subdivision (b).
(2) Each canine team shall be required to meet and maintain the guidelines in the policy maintained pursuant to paragraph (1) prior to deployment.
(3) Each law enforcement agency shall conduct a regular review and update of the policy maintained pursuant to paragraph (1).

SEC. 3.

 Section 13519.17 is added to the Penal Code, to read:

13519.17.
 (a) On or before July 1, 2026, January 1, 2027, the commission shall certify courses of training for all law enforcement canine handlers and those law enforcement supervisors directly overseeing canine programs in the use of canines by law enforcement. The training courses shall include, at a minimum, both of the following:
(1) An explanation of the standards developed pursuant to Section 13519.16.
(2) Requirements for canine handlers and those law enforcement supervisors directly overseeing canine programs to demonstrate knowledge and understanding of their law enforcement agency’s canine policy.
(b) All courses shall be certified by the commission before being implemented.
(c) Each law enforcement agency with a canine unit shall establish a training regimen that includes a course certified by the commission pursuant to subdivision (a).

SEC. 4.Section 13519.18 is added to the Penal Code, to read:
13519.18.

(a)The release of a canine to search for or apprehend a suspect shall be based upon the handler’s reasonable belief that the suspect has committed, is committing, or is threatening to commit a serious offense under any of the following conditions:

(1)There is a reasonable belief that the suspect poses an imminent or immediate threat of violence or serious harm to the public or an officer.

(2)The nonpassive suspect is physically resisting or threatening to physically resist arrest and the use of a canine reasonably appears necessary to overcome such resistance.

(3)One or more officers reasonably believe the suspect is concealed in an area where entry by a person would pose a threat to the safety of officers or the public.

SEC. 5.SEC. 4.

 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. 6.SEC. 5.

 This act shall become operative only if Assembly Bill 2042 of the 2023–24 Regular Session is enacted and becomes effective on or before January 1, 2025.