Los Angeles Police Commission Updates LAPD’s Use Of Force Policy to Comply with Holden Bill

The Los Angeles Police Commission on Tuesday unanimously approved a revised use of force policy for the Los Angeles Police Department to comply with a bill authored by former Pasadena City Councilman, and current Assemblyman, Chris Holden, that goes into effect on Jan. 1.

Holden’s George Floyd Bill, Assembly Bill 26, was signed by Gov. Gavin Newsom on Sept. 30.

The Pasadena Police Department has also accepted the changes and implemented training.

In Los Angeles, the department’s use of force policy was changed to:

• require an officer who is present and observes another officer using excessive force to immediately report it, whereas the previous policy did not explicitly state that reporting had to be immediate;

• prohibit an officer who sustained an excessive force complaint from training other officers for a period of at least three years from the date of the complaint;

• prohibit any retaliation against those who report excessive force and require that any incident of retaliation must be reported immediately and considered a serious misconduct; and

• require officers to intercede when present and observing another officer using excessive force, and failure to intercede will result discipline up to and including the same manner as the officer that committed the excessive force.

According to the policy, interceding includes physically stopping the excessive force and recording the incident on a body-worn camera. The new policy’s training will be added to in-service and recruit training.

The department’s use of non-deadly force policy allows officers to use”objectively reasonable” force to defend themselves, defend others, effect an arrest or detention, prevent escape or overcome resistance.

Deadly force is permitted if the officer”reasonably believes” that the force is necessary to defend against an imminent threat of death or serious injury to the officer or another person, or to apprehend a fleeing person for any felony that threatened or caused death or serious bodily injury if the officer”reasonably believes” that death or serious bodily injury could happen to another person if the suspect is not immediately apprehended.

“By listening to the community, we were able to push AB 26 forward to turn a new page in public safety,” said Holden. “I am pleased to have carried this important bill that calls on the accountability of fellow members of law enforcement to intervene when witnesssing excessive force by another member of law enforcement. I am glad that the Police Commission and LAPD are committed to re-establishing trust with the public to build safe and equitable communities.”

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