Chapter 17.4Law Enforcement Use of Force Policies

Section § 7286

Explanation

This law defines key terms like 'deadly force' and 'excessive force' and sets out rules for police conduct regarding the use of force. It requires law enforcement agencies to develop and maintain a comprehensive use of force policy by January 1, 2021. These policies must cover de-escalation techniques, when and how force can be applied, procedures for reporting excessive force, and guidelines for using firearms and addressing vulnerable populations.

Agencies must ensure officers report any excessive force they witness and intervene if necessary. The law prohibits retaliation against officers who report violations and requires procedures for handling citizen complaints. It also mandates training and regular updates to the policies. Finally, the law ensures that these policies are accessible to the public but doesn’t override existing collective bargaining agreements.

(a)CA Government Code § 7286(a) For the purposes of this section:
(1)CA Government Code § 7286(a)(1) “Deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury. Deadly force includes, but is not limited to, the discharge of a firearm.
(2)CA Government Code § 7286(a)(2) “Excessive force” means a level of force that is found to have violated Section 835a of the Penal Code, the requirements on the use of force required by this section, or any other law or statute.
(3)CA Government Code § 7286(a)(3) “Feasible” means reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person.
(4)CA Government Code § 7286(a)(4) “Intercede” includes, but is not limited to, physically stopping the excessive use of force, recording the excessive force, if equipped with a body-worn camera, and documenting efforts to intervene, efforts to deescalate the offending officer’s excessive use of force, and confronting the offending officer about the excessive force during the use of force and, if the officer continues, reporting to dispatch or the watch commander on duty and stating the offending officer’s name, unit, location, time, and situation, in order to establish a duty for that officer to intervene.
(5)CA Government Code § 7286(a)(5) “Law enforcement agency” means any police department, sheriff’s department, district attorney, county probation department, transit agency police department, school district police department, the police department of any campus of the University of California, the California State University, or community college, the Department of the California Highway Patrol, the Department of Fish and Wildlife, and the Department of Justice.
(6)CA Government Code § 7286(a)(6) “Retaliation” means demotion, failure to promote to a higher position when warranted by merit, denial of access to training and professional development opportunities, denial of access to resources necessary for an officer to properly perform their duties, or intimidation, harassment, or the threat of injury while on duty or off duty.
(b)CA Government Code § 7286(b) Each law enforcement agency shall, by no later than January 1, 2021, maintain a policy that provides a minimum standard on the use of force. Each agency’s policy shall include all of the following:
(1)CA Government Code § 7286(b)(1) A requirement that officers utilize deescalation techniques, crisis intervention tactics, and other alternatives to force when feasible.
(2)CA Government Code § 7286(b)(2) A requirement that an officer may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance.
(3)CA Government Code § 7286(b)(3) A requirement that officers immediately report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer.
(4)CA Government Code § 7286(b)(4) A prohibition on retaliation against an officer who reports a suspected violation of a law or regulation by another officer to a supervisor or other person at the law enforcement agency who has the authority to investigate the violation.
(5)CA Government Code § 7286(b)(5) Clear and specific guidelines regarding situations in which officers may or may not draw a firearm or point a firearm at a person.
(6)CA Government Code § 7286(b)(6) A requirement that officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm.
(7)CA Government Code § 7286(b)(7) Procedures for disclosing public records in accordance with Section 832.7.
(8)CA Government Code § 7286(b)(8) Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents.
(9)CA Government Code § 7286(b)(9) A requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject.
(10)CA Government Code § 7286(b)(10) Comprehensive and specific guidelines regarding approved methods and devices available for the application of force.
(11)CA Government Code § 7286(b)(11) An explicitly stated requirement that officers carry out duties, including use of force, in a manner that is fair and unbiased.
(12)CA Government Code § 7286(b)(12) Comprehensive and specific guidelines for the application of deadly force.
(13)CA Government Code § 7286(b)(13) Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident, including reporting use of force incidents to the Department of Justice in compliance with Section 12525.2.
(14)CA Government Code § 7286(b)(14) The role of supervisors in the review of use of force applications.
(15)CA Government Code § 7286(b)(15) A requirement that officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for persons injured in a use of force incident, when reasonable and safe to do so.
(16)CA Government Code § 7286(b)(16) Training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency’s use of force policy by officers, investigators, and supervisors.
(17)CA Government Code § 7286(b)(17) Training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.
(18)CA Government Code § 7286(b)(18) Procedures to prohibit an officer from training other officers for a period of at least three years from the date that an abuse of force complaint against the officer is substantiated.
(19)CA Government Code § 7286(b)(19) A requirement that an officer that has received all required training on the requirement to intercede and fails to act pursuant to paragraph (9) be disciplined up to and including in the same manner as the officer that committed the excessive force.
(20)CA Government Code § 7286(b)(20) Comprehensive and specific guidelines under which the discharge of a firearm at or from a moving vehicle may or may not be permitted.
(21)CA Government Code § 7286(b)(21) Factors for evaluating and reviewing all use of force incidents.
(22)CA Government Code § 7286(b)(22) Minimum training and course titles required to meet the objectives in the use of force policy.
(23)CA Government Code § 7286(b)(23) A requirement for the regular review and updating of the policy to reflect developing practices and procedures.
(c)CA Government Code § 7286(c) Each law enforcement agency shall make their use of force policy adopted pursuant to this section accessible to the public.
(d)CA Government Code § 7286(d) This section does not supersede the collective bargaining procedures established pursuant to the Myers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4), the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4), or the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4).
deadly force definition excessive force policy use of force policy law enforcement guidelines de-escalation techniques reporting excessive force officer intervention duty firearm use guidelines citizen complaint procedures training standards for police vulnerable populations guidelines transparency in use of force internal reporting requirements discipline for policy violations retaliation against reporting officers
(Amended by Stats. 2022, Ch. 197, Sec. 5. (SB 1493) Effective January 1, 2023.)

Section § 7286.5

Explanation

This law prohibits law enforcement agencies from allowing their officers to use carotid restraints, choke holds, or any techniques that could lead to positional asphyxia. A carotid restraint involves applying pressure to a person’s neck, potentially cutting off blood flow. A choke hold puts pressure on a person's windpipe. Positional asphyxia refers to restraint methods that can limit someone's ability to breathe, like pressing on their neck, torso, or back, and these are forbidden too.

(a)Copy CA Government Code § 7286.5(a)
(1)Copy CA Government Code § 7286.5(a)(1) A law enforcement agency shall not authorize the use of a carotid restraint or choke hold by any peace officer employed by that agency.
(2)CA Government Code § 7286.5(a)(2) A law enforcement agency shall not authorize techniques or transport methods that involve a substantial risk of positional asphyxia.
(b)CA Government Code § 7286.5(b) As used in this section, the following terms are defined as follows:
(1)CA Government Code § 7286.5(b)(1) “Carotid restraint” means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person.
(2)CA Government Code § 7286.5(b)(2) “Choke hold” means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe.
(3)CA Government Code § 7286.5(b)(3) “Law enforcement agency” means any agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(4)CA Government Code § 7286.5(b)(4) “Positional asphyxia” means situating a person in a manner that compresses their airway and reduces the ability to sustain adequate breathing. This includes, without limitation, the use of any physical restraint that causes a person’s respiratory airway to be compressed or impairs the person’s breathing or respiratory capacity, including any action in which pressure or body weight is unreasonably applied against a restrained person’s neck, torso, or back, or positioning a restrained person without reasonable monitoring for signs of asphyxia.
carotid restraint choke hold positional asphyxia law enforcement restrictions peace officer conduct police restraint techniques vascular neck restraint restricted blood flow trachea pressure windpipe pressure respiratory capacity impairment restraint compressing airway law enforcement agency policies peace officer prohibitions monitoring for asphyxia signs
(Amended by Stats. 2021, Ch. 407, Sec. 1. (AB 490) Effective January 1, 2022.)