Legislative record

Law enforcement: flash-bang grenades and explosive breaching charges.

Existing law prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards. Existing law requires kinetic energy projectiles and chemical agents only to be deployed by a peace officer that has received proper training for crowd control, as specified, or to bring an objectively dangerous and unlawful situation safely and effectively under control and only in accordance with certain requirements, including that de-escalation techniques have been attempted and have failed, kinetic energy projectiles are not aimed at the head, neck, or any other vital organs, and, if the chemical agent to be deployed is tear gas, only a commanding officer at the scene of the assembly, protest, or demonstration may authorize the use of tear gas. This bill would expand the above prohibition and exception to include flash-bang grenades, as defined. The bill would define law enforcement agency as any department or agency of the state or any local government, special district, or other political subdivision thereof, that employs any peace officer, as defined, or any federal law enforcement agency. The bill would prohibit the use of flash-bang grenades by any law enforcement agency for the purposes of immigration enforcement, except as specified. The bill would also only allow a commanding officer at the scene to authorize the use of flash-bang grenades. Existing law requires each law enforcement agency to publish specified use of force incidents to the Department of Justice and requires the Department of Justice to publish those reports, as specified. This bill would additionally require law enforcement agencies to report the use of flash-bang grenades. By imposing new duties on local law enforcement agencies, this bill would impose a state-mandated local program. Existing law prohibits the possession of any destructive device and makes a violation of this prohibition punishable as a misdemeanor or felony. Existing law exempts specified peace officers from this prohibition. This bill would prohibit a peace officer, as defined, from using an explosive breaching charge, as defined, for the purpose of immigration enforcement, except 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. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The bill would declare the severability of its provisions.