Use-of-Force Continuum: California Statutory Definitions
Training
Citation
Cal. Penal Code § 196 from A.B. 392
First enacted Jun. 22, 1905
Effective date Jan. 1, 2020
Amended by A.B 392
Summary and Notes
A 2019 bill, A.B. 392, modifies § 196 along with §835a to update the definition of justifiable homicide by a peace officer. The definition now includes a "totality of the circumstances" review of the officer's reasonable belief that use of force was necessary.
Relevant Excerpt
"This bill would redefine the circumstances under which a homicide by a peace officer is deemed justifiable to include when the officer reasonably believes, based on the totality of the circumstances, that deadly force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or to another person, or to apprehend a fleeing person for a felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless the person is immediately apprehended. The bill would also affirmatively prescribe the circumstances under which a peace officer is authorized to use deadly force to effect an arrest, to prevent escape, or to overcome resistance."
§ 196.
Homicide is justifiable when committed by [peace] officers and those acting by their command in their aid and assistance, [under either of the following circumstances:]
(a) In obedience to any judgment of a competent [court ].
(b) When the homicide results from a peace officer's use of force that is in compliance with Section 835a.
[brackets noting amended language]
Added by A.B. 392 along with modification of § 196, California's definition of justifiable homicide now includes a "totality of the circumstances" review of the necessity of force.
§ 835a.
(a)(2) As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.
(a)(4) That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.