California Use of Force Bill Drops Police Prosecution Standard

SACRAMENTO (CBS13) - The deadly shooting of a young father prompted swift action in the state Capitol. But lawmakers are stepping back on a bill that would prosecute officers behind the barrels of those deadly shootings.

"We've seen killings by police officers that could have been avoided and should have been avoided," said Hazel Watson, a volunteer with Sacramento ACT.

The controversial bill has dropped language that would hold police criminally responsible for killing someone. But supporters say the change gives the bill a better chance of passing before lawmakers pack up on Aug. 31.

Five months after the death of Stephon Clark, protesters are still calling for justice. At the state Capitol, lawmakers have a different cry: Assembly Bill 931, co-authored by Assemblymembers Shirley Weber and Kevin McCarty.

"Part of that standing up and saying this isn't okay!" Watson told CBS13.

Current California code allows police to use deadly force when "reasonable." But Watson, who works on police reform, says the law hasn't been changed in more than 100 years.

"I really think it needs to be updated," she said. "I think we live in a different time. We're talking about different weapons. We're talking about different equipment that police are using."

Under AB931, "a peace officer may use deadly force only when such force is necessary to prevent imminent death or serious bodily injury to the officer."

"I think most people think that's what the law is but that's not what the law is and that's what we're hoping to change," Watson said.

But in an effort to keep the bill alive, lawmakers had to drop language regarding the criminal liability of officers.

A spokesperson for Weber said, "We've removed prosecution language because in municipalities like Seattle and San Francisco, they raised the standard and had success without it."

"AB931 is a dangerous bill," said Tim Davis, president of the Sacramento Police Officers Association. "It would endanger both citizens and police officers."

He spoke out against the bill last week, saying it would lead to a delay in service and risk the lives of officers.

"AB931 creates an unfair standard that would allow officers to be judged by facts that we do not have," Davis explained.

And he also said existing law already requires officers to use de-escalation techniques and the minimum force appropriate.

"We're not lobbying to have police officers in danger or we're not lobbying to have police officers put their lives at risk any more than they normally do," Watson said. "We're just saying the standard needs to be a little bit stricter, the standard needs to be a little bit tighter."

If passed, the bill would not go into effect until 2020 to give police time to develop training policies.