Existing law requires each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Existing law requires that policy, among other things, to require that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be unnecessary, and to require that officers intercede when present and observing another officer using force that is clearly beyond that which is necessary, as specified.
This bill would require those law enforcement policies to require those officers to immediately report potential excessive force, as defined. The bill would additionally require those policies to, among other things, prohibit retaliation against officers that report violations of law or regulation of another officer to a supervisor, as specified, and to require that an officer who fails to intercede be disciplined up to and including in the same manner as the officer who used excessive force. By imposing additional duties on local agencies, this bill would create 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.

Statutes affected:
AB26: 1029 GOV, 7286 GOV
12/07/20 - Introduced: 1029 GOV, 7286 GOV
03/25/21 - Amended Assembly: 1029 GOV, 7286 GOV
05/24/21 - Amended Assembly: 1029 GOV, 7286 GOV
05/27/21 - Amended Assembly: 7286 GOV
07/07/21 - Amended Senate: 7286 GOV
09/03/21 - Enrolled: 7286 GOV
09/30/21 - Chaptered: 7286 GOV
AB 26: 1029 GOV, 7286 GOV