New Law Dealing with Fatal Shootings of Unarmed Civilians

Outline of Implementation of AB 1506 / The New Law Dealing with Fatal Shootings of Unarmed Civilians, By Mike Rains

About the author:  Mike Rains is the principal founding member at Rains, Lucia, Stern, St. Phalle & Silver, PC ("RLS").  

On September 30, 2020, Governor Newsom signed AB 1506 requiring the California Department of Justice to investigate incidents of an officer involved shooting resulting in the death of an unarmed civilian and, upon request of a law enforcement agency, review the use of force policy of the agency and make recommendations. The legislation, effective on July 1, 2021, enacted section 12525.3 the Government Code.

In the lead up to July 1st, there was much discussion as to how the legislation would be implemented. I participated in various working groups which included local and state law enforcement agencies as well as members of the Department of Justice. While there’s been an effort to clarify the DOJ’s role and responsibilities, especially as it relates to the investigations of an OIS involving the death of an unarmed civilian, it is safe to say that there is still some confusion concerning how Government Code section 12525.3(b)(1) will be implemented. In an effort to assist our clients in gaining a better understanding of the relevant portions of AB 1506, and how to prepare for implementation, we have prepared the following outline of the essential provisions with our recommendations:

• The new law addresses only officer involved shootings which result in the death of “an unarmed civilian.” (Government Code section 12525.3(b)(1)) An officer involved shooting which results in a suspect being hospitalized and injured but recovering from those injuries, even if the person was “unarmed” within the meaning of the law is not a “qualifying event.”

• Our clients should understand the nuances of the definition of “unarmed civilian.” In a nutshell, here is what you should be aware of:

• An unarmed civilian is anyone “not in possession of a deadly weapon.” A deadly weapon would include such objects as screwdrivers, hammers, baseball bats, and clubs of various sorts. In addition, all firearms and BB/pellet guns, even if unloaded or inoperable are considered “deadly ....

  © 2026 Legal Updates, LLC.
  This content is protected by copyright law. Republishing or redistribution in any form without written permission is strictly prohibited. For licensing or reprint requests, contact support@legalupdates.com.