Use of Deadly Force by Police Officers: AB 391, 392

Use of Deadly Force by Police Officers: AB 391, 392

R.C. Phillips, DDA (Ret)
October, 0201

P.C. § 196 (Amended; Effective 1/1/2020):  Homicide is justifiable when committed by peace officers and those acting by their command in their aid and assistance, under either of the following circumstances:

(a) In obedience to any judgment of a competent court.

(b) When the homicide results from a peace officer’s use of force that is in compliance with Section 835a.

P.C. § 835a (Amended; Effective 1/1/2020):  Reasonable Force to Effect Arrest; Resistance:

(a) The Legislature finds and declares all of the following:

(1) That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law.

(2) As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.  (Italics added.)

(3) That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that ....

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