The measure was proposed in June, but was shelved by lawmakers in August.
In May 2020, a video emerged from Minneapolis that set off a wave of protests across the nation and the world. In the video, a police officer knelt on the neck of George Floyd, who was being arrested. Floyd struggled for nearly 9 minutes and ultimately died. Several police officers stood by as Floyd called out for help, and did not intervene to help him or to stop their fellow officer.
In the wake of this tragedy, California lawmakers introduced several new bills related to law enforcement and the use of force. According to a criminal defense attorney in Rancho Cucamonga, CA, these bills included:
- Assembly Bill 1196, which would prohibit carotid holds that risk suffocating a suspect;
- Assembly Bill 1506, which would establish independent investigations of police shootings;
- Senate Bill 776, which would open more personnel records for public scrutiny;
- Senate Bill 731, which would create a statewide system for decertifying officers who break the law or violate ethical standards; and
- Assembly Bill 1022, which would disqualify officers who fail to intervene when their colleagues use excessive force.
AB1022 would have significantly changed the way that police officers are held liable in California. Rather than focusing only on an officer who uses excessive force, it would look to fellow officers to physically get involved to stop the situation. Law enforcement groups opposed this measure, arguing that officers may not fully understand the situation in which they are supposed to intervene. The bill has stalled in legislative hearings, and likely will not advance.
California has enacted a series of criminal justice reforms over the past decade that are designed to undo some of the damage caused by its prior “tough on crime” stance. Many of the bills that have become law are related to sentencing, bail, and other matters, such as drug crimes. Bills that are designed to eliminate or reduce police brutality and the excessive use of force are an important piece of this puzzle. Any reform of the criminal justice system must include all components of the system, from the laws that are used to penalize people to the police and prosecutors to courts to jails and prisons.
The Chambers Law Firm advocates for individuals who have been charged with all types of crimes in California. We work hard to help our clients obtain the best possible outcome for their case, using our skill and experience to negotiate favorable plea deals and get charges reduced or dismissed. When necessary, we take cases to court to hold the state to its burden of proving each element of the case beyond a reasonable doubt.
If you have been charged with a crime in California, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free case evaluation with a member of our team.
