Policy Text
Roll Call Training Bulletin
Produced by: Lt. Ryan Bullard, Citywide Special Events Katherine Lester , Chief of Police
Prepared by: Officer Mark Kimble , PSU Volume 24-10
Assembly Bill 48 Refresher
10-23-2024
On September 30, 2021, Governor Newsom signed Assembly Bill 48 and Penal Code § 13652 into law. As the
upcoming election season approaches , and First Amendment demonstrations increase across the city, it is
essential that S acramento Police Department officers stay updated on state law regarding the use of less -
lethal munitions, while ensuring strict compliance with departmental policies.
AB 48 would prohibit the use of kinetic energy projectiles or chemical agents by any law enforcement agency
to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the
bill. It would also prohibit their use solely due to a violation of an imposed curfew, verbal threat, or
noncompliance with a law enforcement directive. The bill would include in the standards for the use of kinetic
energy projectiles and chemical agents to disperse gatherings the requirement t hat, among other things, those
weapons only be used to defend against a threat to life or serious bodily injury to any individual, including a
peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control.
The bill would define chemical agents to include, among other substances, chloroacetophenone tear gas or 2-
chlorobenzalmalononitrile gas.
For more information on this bill, please utilize the following link: Assembly Bill No. 48
Penal Code § 13652 states that kinetic energy projectiles and chemical agents shall only be deployed by a
peace officer that has recei ved training on their proper use by the Commission on Peace Officer Standards
and Training for crowd control if the use is objectively reasonable to defend against a threat to life or serious
bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful
situation safely and effectively under control, and only in accordance with all of the following requirements:
(1) De-escalation techniques or other alternatives to force have been attempted, when objectively
reasonable, and have failed.
(2) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and
chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall
be made from various locations, if necessary, and delivered in multiple languages, if appropriate.
(3) Persons are given an objectively reasonable opportunity to disperse and leave the scene.
(4) An objectively reasonable effort has been made to identify persons engaged in violent acts and those
who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals
engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of persons.
(5) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a
manner that is proportional to the threat and objectively reasonable.
(6) Officers shall minimize the possible incidental impact of their use of kinetic ener gy projectiles and
chemical agents on bystanders, medical personnel, journalists, or other unintended targets.
Roll Call Training Bulletin
Produced by: Lt. Ryan Bullard, Citywide Special Events Katherine Lester , Chief of Police
Prepared by: Officer Mark Kimble , PSU Volume 24-10
(7)An objectively reasonable effort has been made to extract individuals in distress.
(8)Medical assistance is promptly provided, if properly trained personnel are present, or procured, for
injured persons, when it is reasonable and safe to do so.
(9)Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.
(10)Kinetic energy projectiles or chemical agents shall not be used by any law enforcement agency solely
due to any of the following:
(A)A violation of an imposed curfew.
(B)A verbal threat.
(C)Noncompliance with a law enforcement directive.
(11)If the chemical agent to be deployed is tear gas, only a commanding officer at the scene of the
assembly, protest, or demonstration may authorize the use of tear gas.
Mor
e information on this code can be found by utilizing the follow ing link: Penal Code § 13652
Scenario
There i
s a crowd of approximately 50 people at a demonstration and two subjects in the crowd are launching
frozen water bottles at officers. Can you begin deploying less lethal weapon systems targeting the whole
crowd?
No,
you must use strategic, selective less -lethal weapons systems on specific individuals engaged in
illegal activity. Officers are prohibited from deploying less -lethal systems, such as CS gas or pepper
balls, a gainst an entire crowd. Additionally, you must consider your ability to take those specific
individuals into custody.
Additional reference material:
RM 532.11 First Amendment Assembly Manual.pdf
GO 580.02 - Use of Force.pdf
GO 580.03 - Use of Force Reporting, Investigations and Response
GO 580.1 0 - Conducted Energy Device (CED).pdf
GO 523.10 - Multiple Arrest Procedures.pdf
RM 580.07 Chemical Agents Manual