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SEN AT ~~ BILL No. 2690
Introduced by Senator Roberti
March 2, 1990
An act to amend Section 835a of the Penal Code, relating
to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
SB 2690, as introduced, Roberti. Arrest: reasonable force.
Existing law provides that a peace officer may use
reasonable force to effect an arrest, prevent escape, or
overcome resistance, if he or she has reasonable cause to
believe that the person to be arrested has committed a public
offense.
This bill would provide, in addition, that a peace officer
shall not use more force than is reasonable to carry out these
duties.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 835a of the Penal Code is
2 amended to read:
3 835a. Any peace officer who has reasonable cause to
4 believe that the person to be arrested has committed a
5 public offense may use reasonable force to effect the
6 arrest, to prevent escape, or to overcome resistance.
7 A peace officer who makes or attempts to make an
8 arrest need not retreat or desist from his or her efforts by
9 reason of the resistance or threatened resistance of the
10 person being arrested; nor shall such officer be deemed
11 an aggressor or lose his or her right to self-defense by the
12 use of reasonable force to effect the arrest or to prevent
13 escape or to overcome resistance.
99 60
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SB 2690 -2-
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l A peace officer shall not use more force than is
2 reasonable to effect an arrest, to prevent escape, or to
3 overcome resistance.
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99 60
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AMENC _N ASSEMBLY AUGUST 9, 1990
AME:. ·, . ED IN SENATE MAY 8, 1990
SENATE BILL No. 2690
Introduced by Senator Roberti
March 2, 1990
An act to amend Section 835a of the Penal Code, relating
to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
SB 2690, as amended, Roberti. Arrest: reasonable force.
Existing law provides that a peace officer may use
reasonable force to effect an arrest, prevent escape, or
overcome resistance, if he or she has reasonable cause to
believe that the person to be arrested has committed a public
offense.
This bill would provide, in addition, that a peace officer
shall not use more force than is reasonable , under the
circumstances known to the officer, to carry out these duties.
This bill would also require each law enforcement
department or agency to adopt a protocol idcntif}·ing
Fca.sona.ble fe.t:ee. pfoccdufcs written policy prohibiting the
use of excessive force, as specified, and to submit a copy of its
protocol written policy to the Department of Justice by
January 1, 1992, thereby imposing a state-mandated local
program.
This bill would also require the Department of Justice to
compile these pt=otoeols written policies and make them
available to the public, as specified.
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State
97 40
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SB 2690 -2-
Mandates Claims Fund to pay the costs of mandates which do
not exceed $1,000,000 statewide and other pr0cedures for
claims whose statewide costs exceed $1 ,000,000.
This bill would provide that, if the Commission on State
Mandates determines that this bill contains costs mandated by
the state, reimbursement for those costs shall be made
pursuant to those statutory procedures and, if the statewide
cost does not exceed $1,000,000, shall be made from the State
Mandates Claims Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 835a of the Penal Code is
2 amended to read:
3 835a. (a) Any peace officer who has reasonable cause
4 to believe that the person to be arrested has committed
5 a public offense may use reasonable force to effect the
6 arrest, to prevent escape, or to overcome resistance.
7 A peace officer who makes or attempts to make an
8 arrest need not retreat or desist from his or her efforts by
9 reason of the resistance or threatened resistance of the
10 person being arrested; nor shall such officer be deemed
11 an aggressor or lose his or her right to self-defense by the
12 use of reasonable force to effect the arrest or to prevent
13 escape or to overcome resistance.
14 A peace officer shall not use more force than is
15 reasonable, under the circumstances known to the
16 officer, to effect an arrest, to prevent escape, or to
17 overcome resistance.
18 (b) Each law enforcement department or agency shall
19 adopt a pFotocol vlhich specificall)· identifies rnasonable
20 feree prnceduFes te he ~ when ma.Icing a.Hests undeF
21 various circumstances, ftftti vlhich prohibits the use ~
22 excessive feree by its officers. adopt a written policy
23 prohibiting the use of excessive force.
24 (c) Each department or agency shall submit a copy of
25 its protocol written policy to the Department of Justice
26 by January 1, 1992. The department shall compile and
97 70
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1 mai n
2 avail
3 hour
4 SJ ·
5 GO\'(
6 detc ·
7 sta te
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17 70
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-3- SB 2690
1 maintain these protocols written policies, and make them
2 available for public inspection during regular business
3 hours.
4 SEC. 2. Notwithstanding Section 17610 of the
5 Government Code, if the Commission on State Mandates
6 determines that this act contains costs mandated by the
7 state, reimbursement to local agencies and school
8 districts for those costs shall be made pursuant to Part 7
9 ( commencing with Section 17500) of Division 4 of Title
10 2 of the Government Code. If the statewide cost of the
11 claim for reimbursement does not exceed one million
12 dollars ($1,000,000), reimbursement shall be made from
13 the State Mandates Claims Fund. Notwithstanding
14 Section 17580 of the Government Code, unless otherwise
15 specified in this act, the provisions of this act shall become
16 operative on the same date that the act takes effect
17 pursuant to the California Cons ti tu tion.
0
97 70
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AMENDED IN ASSEMBLY AUGUS ~
AMENDED IN ASSEMBLY AUGUS -1.
1990
1990 "
AMENDED IN SENATE MAY 8, 1990
SENATE BILL No. 2690
Introduced by Senator Roberti
March 2, 1990
An act to amend, repeal, and add Section 835a of the Penal
Code, relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
SB 2690, as amended, Roberti. Arrest: reasonable force.
Existing law provides that a peace officer may use
reasonable force to effect an arrest, prevent escape, or
overcome resistance, if he or she has reasonable cause to
believe that the person to be arrested has committed a public
offense.
This bill would provide, in addition, that a peace officer
shall not use more force than is reasonable, under the
circumstances known to the officer, to carry out these duties.
This bill would also require each law enforcement
department or agency to adopt a" written policy prohibiting
the use of excessive force, as specified, and to submit a copy
of its written policy to the Department of Justice by January
1, 1992, thereby imposing a state-mandated local program.
This bill would also require the Department of Justice to
compile these written policies and make them available to the
public, as specified.
The prov1s1011s reqmrmg each law enforcement
department or agency to submit a copy of its written policy
to the Department of Justice and requiring the department
to compile these written policies and make them a v;1ifable to
the public would be repealed on January 1~ 1994.
96 40
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SB 2690 -2-
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State
Mandates Claims Fund to pay the costs of mandates which do
not exceed $1,000,000 statewide and other procedures for
claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State
Mandates d e termines that this bill contains costs mandated bv
the state, reimbursement for those costs shall be mad~
pursuant to those statutory procedures and , if the statewide
cost does not exceed $1,000,000, shall be made from the State
Mandates Claims Fund.
Vote: majority. Appropriation: no . Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 835a of the Penal Code is
2 amended to read:
3 835a. (a) Any peace officer who has reasonable cause
4 to believe that the person to be arrested has committed
5 a public offense may use reasonable force to effect the
6 arrest, to prcven t escape, or to overcome resistance.
7 A peace officer who makes or attempts to make an
8 arrest need not retreat or desist from his or her efforts by
9 reason of the resistance or threatened resistance of the
10 person being arrested; nor shall such officer be deemed
11 an aggressor or lose his or her right to self-defense by the
12 use of reasonable force to effect the arrest or to pr.event
13 escape or to overcome resistance.
14 A peace officer shall not use more force than is
15 reasonable, under the circumstances known to the
16 officer, to effect an arrest, to prevent escape, or to
17 overcome resistance.
18 (b) Each law enforcement department or agency shall
19 adopt a written policy prohibiting the use of excessive
20 force.
21 ( c) Each department or agency shall submit a copy of
22 its written policy to the Department of Justice by January
96 70
•
•
•
•
•
•
•
•
•
•
•
•
1 1, 1992. Tl
2 wr.ittcn I
3 inspe ctirn
4 (cl) Th
5 January 1
6 later enw
7 1994, de/,
8 SEC. 2.
9 read:
10 835n.
11 to belie, ·,
12 a public ,
13 arrest, to
14 A penc,
15 arrest nee.
16 reason of
17 person /)( ·
18 an nggre s·
19 use or ff'.' /
20 escc1pe or
21 A peac
22 reaso11:1bl ,
23 officer, l, ·
24 overcome'
25 (b) 1~:.u
26 adopt :z 1i
27 force.
28 (c) Thi.
29 1994.
30 Notwitli
31 Code, if ti
32 that thi s
33 reimburs< ,
34 those co'
35 ( com men,
36 2 of the C
37 claim for
38 dollars ( $1
39 the State
40 Section IT
e
ted
s for
a State
hich do
lures for
on State
dated by.
>C made
tate\vide
.he State
I tee: yes.
/lows:
Code is
.)le cause
rnmitted
ff cct the
. ancc.
m;.ike an
,!forts by
'__: c of the
deemed
sc by the
, prevent
than is
to the
1c, or to
·ncy shall
'XCessive
a copy of
~· January
96 70
•
0
•
•
•
•
•
•
•
•
•
-3- SB 2690
l 1, 1992. The department shall compile and maintain these
2 written policies, and make them available for public
3 inspection during regular business hours.
4 (d) This section shall remnin in effect only until
5 Jnnunry 1, 19.94, nnd as of thnt dnte is repenled, unless a
6 later enacted statute, which is enncted before J:uwnry 1,
7 1994, deletes or extends thnt dnte .
8 SEC. 2. Section 835a is added to the Penal Code, to
9 read:
10 835n. (a) Any pence officer who has reasonnble cause
11 to believe that the person to be nrrested hns committed
12 n public offense mny use rcnsonnble fcrce to effect the
13 arrest, to prevent escnpe, or to overcon1e resistnnce.
14 A peace officer who mnkes or nttempts to make an
15 arrest need not retrent or desist From his or her efforts by
16 reason of the resistance or threatened resistance of the
17 person being nrrested; nor shall such officer be deemed
18 an aggressor or lose his or her right to self-defense by the
19 use of reasonable' force to effect the arrest or to prevent
20 escnpe or to overcome resistance .
21 A peace officer shall not use more force than is
22 rensonable, under the circumsttmces known to the
23 officer, to effect w1 arrest, to prevent esc,ipe, or to
24 overcome resistance .
25 (b) Each faiv e11Eorcemei1t depnrtment or agency shell]
26 adopt a written policy prohibiting the use of excessive
27 force.
28 (c) This section shall become operative on Jnnuary 1,
29 1994.
30
31
32
33
34
35
36
37
38
39
40
Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines
that this act contains costs mandated bv the state,
reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7
( commencing with Section 17500) of Division 4 of Title
2 of the Government Code. If the statewide cost of the
claim for reimbursement does not exceed one million
dollars ($1,000,000), reimbursement shall be made from
the State Mandates Claims Fund. Notvvithstanding
Section 17580 of the Government Code, unless otherwise
96 100
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SB 2690 -4-
1 specified in this act, the provisions of this act shall become ~
2 operative on the same date that the act takes effect
3 pursuant to the California Constitution.
0
96 100
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S~rvlces of Mead @ata Central
J
2ND DOCUMENT of Level 1 printed in FULL format.
CALIFORNIA BILL TRACKING
STATENET
Copyright (cl 1990 by Information for Public Affairs, Inc.
DATE-INTRO:
LAST-ACTION:
SENATE BILL 2690
1990 CA S.B.€)
MARCH 2, 1990
SEPTEMBER 21, 1990
PAGE 5
SYNOPSIS: Provides that a peace officer shall not use mare force than is
reasonable, under the circumstances known to the officer, to carry out an
arrest, prevent escape, or overcome resistance, if he or she has reasonable
cause to believe that the person to be arrested has committed a public offense.
Requries each law enforcement department or agency to adopt a written policy
prohibiting the use of excessive force, as specified.
STATUS:
03/02/90 INTRODUCED.
03/14/90 To SENATE Committee on JUDICIARY.
05/08/90 From SENATE Committee an JUDICIARY with author's amendments. Read
second time and amended. Re-referred to Committee.
05/08/90 Fram SENATE Committee an JUDICIARY: Do pass. Re-referred to Committee
on APPROPRIATIONS.
05/21/90 From SENATE Committee on APPROPRIATIONS: Ta second reading pursuant to
Senate Rule 28.8.
05/22/90 In SENATE. Read second time. To third reading.
05/29/90 In SENATE. To Special Consent Calendar.
06/01/90 In SENATE. Read third time. Passed SENATE. *****TO ASSEMBLY.
06/07/90 To ASSEMBLY Committee on PUBLIC SAFETY.
07/03/90 Fram ASSEMBLY Committee an PUBLIC SAFETY: Da pass. Re-referred to
Committee on WAYS AND MEANS.
08/09/90 Fram ASSEMBLY Committee on WAYS AND MEANS with author's amendments.
Read second time and amended. Re-referred to Committee.
08/14/90 From ASSEMBLY Committee an WAYS AND MEANS: Do pass.
08/20/90 In ASSEMBLY. Read second time. To third reading.
08/21/90 In ASSEMBLY. Read third time. Passed ASSEMBLY. Action rescinded whereby
bill passed. Read third time, amended. To third reading.
08/22/90 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****TO SENATE.
08/23/90 In SENATE. SENATE concurred in ASSEMBLY amendments. To enrollment.
09/14/90 ***** To GOVERNOR.
09/21/90 Vetoed by GOVERNOR.
SUBJECT: LAW ANO JUSTICE, CRIMINAL LAW, Criminal Procedure and Investigations,
LAW AND JUSTICE- MISC, Law and Justice Agencies, LAW AND JUSTICE PERSONNEL,
Police Officers ~nd Sheriffs
SPONSOR: Roberti
11 LEXIS® NEXIS LEXIS® NEXIS(
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