(1)That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that must be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislaturefurther finds and declares that every person has a right to be free from excessive force by officers acting under color of law. (2)That a peace officer’s decision to use force must be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circ*mstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circ*mstances must account for occasions when officers may be forced to make quick judgments about using force in circ*mstances that are tense, uncertain, and rapidly evolving. (b)Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonableforce, other than deadly force, to effect the arrest, to prevent escape, or to overcome resistance. (c)(1)A peace officer who makes or attempts to make an arrest shall not be required to retreat or desist from his or her efforts by reason of the resistance or threatened resistance of the person being arrested and shall not be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to effect the arrest, to prevent escape, or to overcome resistance. However, peace officers shall attempt to control an incident by using time, distance, communications, and available resources in an effort todeescalate a situation whenever it is (2)For purposes of this subdivision, “feasible” means capable of being done or carried out to achieve a lawful objective without increasing the risk to the officer or anotherperson. (d)(1)(A) (B)As used in this paragraph, the following terms have the following meanings: (i)“Necessary” means that, given the totality of the (ii)“Reasonable alternatives” mean tactics and methods, other than the use of deadly force, of apprehending a subject or addressing a situation that do not unreasonably increase the threat posed to the peace officer or another person. Reasonable alternatives may include, but are not limited to, verbal communications, warnings, deescalation, and tactical repositioning, along with other tactics and techniques intended to stabilize the situation and reduce the immediacy of the threat so thatmore time, options, and resources can be called upon to resolve the situation without the use of deadly force. (iii)“Totality of the circ*mstances” (iv)A “threat of imminent death or serious bodily injury” exists when, based on the totality of the circ*mstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause deathor serious bodily injury to the peace officer or another person. (2)A peace officer shall not use deadly force against an individual based on the danger that individual poses to himself or herself, if the individual does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person. (3)A peace officer may use deadly force against fleeing persons only when both of the following are true: (A)The peace officer has probable cause to believe that the person has committed, or intends to commit, a felony involving death or serious bodily injury. (B)There is (4)For the purposes of this subdivision, “deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm. (5)This subdivision does not limit the ability of a peace officer to assert a defense to a charge of homicide as justifiable self-defense under Sections 196 and 197. (e)This section shall become operative on January 1, 2020. safe safe, feasible, and reasonable to do so. This subdivision shall not be construed to conflict with the limitations on the use of deadly force set forth in subdivision (d) or to prohibit law enforcement agencies from requiring peace officers to employ reasonable alternatives to the use of force or other tactics designed to make arrests without the use of force or with the least amount of force necessary.Notwithstanding any other law, a A peace officer may use deadly force only when such force is necessary to preventdefend against a threat of imminent death or serious bodily injury to the officer or to another person. circ*mstances, circ*mstances known to the officer at the time,an objectively reasonable peace officer in the same situation would conclude that there was no reasonable alternative to the use of deadly force that would prevent imminent death or serious bodily injury to the peace officer or to another person. includes means all facts known to the peace officer at the time, including the actions of the subject and the officer leading up to the use of deadly force. an imminent risk ofa threat of imminent death or serious bodily injury to the peace officer or to another person if the subject is not immediately apprehended.
AB 931- AMENDED (2024)
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