Newsletter: After an emotional fight, new rules governing police use of force

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Newsletter: After an emotional fight, new rules governing police use of force
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The law will give California some of the toughest police use-of-force standards in the nation. But a compromise that pacified law enforcement opposition also led some of the bill’s earliest champions to drop their support. More from Essential California:

The new language will require that law enforcement use deadly force only when “necessary,” instead of the current wording of when it is “reasonable.” In large urban law enforcement departments that already train for deescalation and crisis intervention, day-to-day policing will probably not noticeably change.

The law also prohibits police from firing on fleeing felons who don’t pose an immediate danger, an update from California’s original code thatUnder current law, prosecutors can only consider the moment lethal force was used when determining if an officer acted within the law. Did an officer reasonably believe his or her life or bystanders’ lives were in danger in those seconds?

Under the new standard, prosecutors can also consider the actions both of officers and of the victim leading up to a deadly encounter, to determine whether the officer acted within the scope of law, policy and training. Opening up those tactics to scrutiny, supporters believe, will encourage departments to train officers in deescalation and other strategies that could decrease the use of lethal force and provide a potential path to accountability when it is used.

Weber, the bill’s author, said recently that AB 392 will be an “aggressive effort to retrain our officers and change the culture of police.”

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