Use of force per Penal Code 13652.1/Assembly Bill 48

Penal Code 13652.1 Definition

Commencing January 1, 2022, Each law enforcement agency shall, within 60 days of each incident, publish a summary on its internet website of all instances in which a peace officer employed by that agency uses a kinetic energy projectile or chemical agent, as those terms are defined in Section 13652, for crowd control. However, an agency may extend that period for another 30 days if they demonstrate just cause, but in no case longer than 90 days from the time of the incident.

Each incident will include information known to the agency at the time of the report and shall include only the following:
(1) A description of the assembly, protest, demonstration, or incident, including the approximate crowd size and the number of officers involved.
(2) The type of kinetic energy projectile or chemical agent deployed.
(3) The number of rounds or quantity of chemical agent dispersed, as applicable.
(4) The number of documented injuries as a result of the kinetic energy projectile or chemical agent deployment.
(5) The justification for using the kinetic energy projectile or chemical agent, including any de-escalation tactics or protocols and other measures that were taken at the time of the event to deescalate tensions and avoid the necessity of using the kinetic energy projectile or chemical agent.

Assembly Bill 48 Definition

This bill, commencing January 1, 2022, requires each law enforcement agency, within a specified timeframe, to post on their internet website a summary, as described, of any incident in which a kinetic energy projectile or chemical agent (Defined under Penal Code 13652) is deployed by that agency for the purpose of crowd control. The bill would require the Department of Justice to provide a compiled list of links to these reports on its internet website.

Penal Code 13652 Definitions:

(1) “Kinetic energy projectiles” means any type of device designed as less lethal, to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. For purposes of this section, the term includes, but is not limited to, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds, and foam tipped plastic rounds.
(2) “Chemical agents” means any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, chloroacetophenone tear gas, commonly known as CN tear gas; 2-chlorobenzalmalononitrile gas, commonly known as CS gas; and items commonly referred to as pepper balls, pepper spray, or oleoresin capsicum.

Kinetic energy projectiles

Penal Code 13652 Definition:

“Kinetic energy projectiles”  any type of device designed as less lethal, to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. For purposes of this section, the term includes, but is not limited to, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds, and foam tipped plastic rounds.
Description of assembly, protest, demonstration, or incident Approx. crowd size Number of officers involved Type of kinetic energy projectile Number of rounds dispersed Number of documented injuries because of deployment Justification for using kinetic energy projectile De-escalation tactics or protocols and other measures
0 0 0 0 0 0 0 0

Chemical agents

Penal Code 13652 Definition:
“Chemical agents” any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, chloroacetophenone tear gas, commonly known as CN tear gas; 2-chlorobenzalmalononitrile gas, commonly known as CS gas; and items commonly referred to as pepper balls, pepper spray, or oleoresin capsicum.
Description of assembly, protest, demonstration, or incident Approx. crowd size Number of officers involved Type of chemical agent Quantity of chemical agent dispersed Number of documented injuries because of deployment Justification for using chemical agent De-escalation tactics or protocols and other measures
0 0 0 0 0 0 0 0