On August 19, 2019, California Gov. Gavin Newsom signed AB 392 into law, aiming to deter police shootings in the state.
The new law will take effect on January 1, 2020.
Written by Assemblywoman Shirley Weber (D-San Diego), the law will change the state's existing deadly force standards to require that law enforcement may only use deadly force when deemed “necessary.” In other words, officers could now only use deadly force when there is “no reasonable alternative,” rather than using lethal force as an “objectively reasonable” response.
Furthermore, lawmakers removed a section that required police officers to attempt to de-escalate confrontations. Law enforcement agencies said this requirement would result in “endless second-guessing” when making life-and-death decisions.
The legislation was created in response to police killings of unarmed black men such as Stephon Clark, who was shot and killed last year after he was chased by police and ended up in his grandmother's backyard. The officers involved in the shooting believed Clark possessed a firearm; however, it was actually a cellphone.
According to a new study published in August, black males in the United States are 2.5 times more likely to be killed by law enforcement compared to white males. Additionally, black females were 1.4 times more likely to be killed compared to white females.
If you have been arrested for a crime in Ventura and were subject to police misconduct, contact Wilfert Law P.C. today at (805) 994-0560 and schedule a free consultation.