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 ....