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Santa Monic Police Department (ID# 2510) Legislative Update: AB 392 (Weber) Peace Officers: Deadly Force CCN: 33888 | POST Certification II | 2 hours 1 | P a g e Revised 11/2 5/19 Course Purpose The purpose of this course is to provide peace officers with the legal updates relating to the use of deadly force in Assembly Bill 392 (Weber), signed into law by Governor Newsom on August 19, 2019. The law takes effect on January 1, 2020. This course shall be used in conjunction with the POST -developed training video available on the POST Learning Portal. Learning Outcome When responding to calls for service or upon viewing activity, students completing this cou rse will understand the legal changes to Penal Code Sections 196 and 835a and comprehend the circumstances when a peace officer is authorized to use deadly force. I. Registration, Introduction, and Course Overview A. Registration 1. Roster distribution 2. A separate roster for this course will be submitted for separate credit in EDI and Plan I reimbursement eligibility B. Introduction and course overview 1. Show POST video, AB: 392: California’s Use of Force Standard, What You Need to Know 2. Provide a brief overview a. The changes in the penal code more clearly define a peace officer’s role and responsibilities when exercising different force options, especially deadly force, while providing for more latitude when making the decision to use force. b. Objective reasonableness remains the standard for evaluating the use of force and will be reviewed in more detail further into the course. c. New language explicitly states the use of force shall be evaluated without the benefit of hindsight. II. Penal Code Section 196 A. Justifiable Homicide 1. Definition revised to rely more heavily on PC 835a 2. PC 196 identifies the circumstances when a peace officer is justified to commit a homicide a. In obedience to any judgment of a competent court order b. When the homicide results from a peace officer’s use of force that complies with Penal Code Section 835a B. What changed? 1. Removed “When necessarily committed in overcoming actual resistance to the execution of some legal process or in the discharge of a ny other legal duty” 2. Removed “When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony and who are fleeing from justice or resisting such arrest.” Santa Monic Police Department (ID# 2510) Legislative Update: AB 392 (Weber) Peace Officers: Deadly Force CCN: 33888 | POST Certification II | 2 hours 2 | P a g e Revised 11/2 5/19 III. Penal C ode Section 835a A. PC 835a (a) 1. The Legislature finds and declares: a. Peace officers must understand that the authority to use physical force is a serious responsibility that shall be exercised judiciously and with respect for human rights and the dignity and the sanctity of every human life b. The Legislature finds and declares that every person has a right to be free from excessive use of force by peace officers acting under the color of law 2. It is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life a. Peace officers shall evaluate each situation in light of the particular circumstance of each case and shall use other available resources and techniques if reasonably safe and feasible to an object ively reasonable officer b. The standard changed with the addition of the word “ objectively ” reasonable officer 3. Peace officers shall carefully and thoroughly evaluate the decision to use force in a manner that reflects the gravity of that authority and th e serious consequences of the use of force, to ensure that officers use force consistent with law and agency policies a. Facilitate a discussion of agency policies relating to use of force b. These should be aligned with the revisions to PC 196 and PC 835 4. The de cision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation a. Based on the totality of circumstances known to or perceived by the officer at the time b. Without the benefit of hindsight c. The totali ty of circumstances shall account for occasions when officers may be forced to make quick judgments about using force 5. Peace officers must understand that individuals with physical, mental health, developmental, or intellectual disabilities are significa ntly more likely to experience greater levels of physical force during police interactions a. One’s disability may affect their ability to understand or comply with commands from peace officers b. Estimates show that individuals with disabilities are involved in between one -third and one -half of all fatal encounters with law enforcement i. Individuals with disabilities may be impaired by the use, misuse, or discontinued use of medications or controlled substances that create further disruptions to complia nce ii. An individual’s disability(ies) may impair the ability to understand and comply with a peace officer’s commands c. Discuss how officers should approach situations involving people with disabilities. i. What might cause an individual with a disability to have difficulty understanding or following directions from a peace officer? ii. What is Department policy regarding uses of force involving people with disabilities? iii. What are some tactics officers can use to try to determine if the subject has a disability and