Governor Signs Assemblymember Holden’s ‘George Floyd Law’

Gov. Gavin Newsom today signed into law Assembly Bill 26, police reform legislation authored by Assemblymember Chris Holden (D-Pasadena) in the wake of the officer-involved murder of George Floyd that establishes clear guidelines for police responsibility and accountability when witnessing excessive force used by another member of law enforcement. 

“Derek Chauvin was charged for the killing of George Floyd, but justice for George Floyd doesn’t rest in Chauvin’s conviction alone – there were three additional officers who simply stood by and watched him die,” Holden said in a prepared statement . 

“I thank Governor Newsom and everyone who supported AB 26 that will make it crystal clear in our state law what a peace officer’s duty is to intervene when witnessing excessive force.”

Officers also stood by while four officers kicked and beat former Altadena resident Rodney King in 1991.

California law requires police officers to intercede when observing another officer using force that is beyond that which is necessary, but there are no universal measures used to determine that an officer has in fact interceded. 

In the case of Floyd, a lawyer for one of the accused junior officers argued that there was intervention because the junior officer asked the supervising officer if they should turn Floyd on his side. 

Under AB 26,  officers will be required to intercede when witnessing excessive force being used under the updated guidelines and report the incident in real time to dispatch or the watch commander. The officer’s due process rights will be protected as the employing agency would review evidence and determine if the offending officer met the standard for intervention. Retaliation against officers who report violations of law or regulation of another officer to a supervisor would be prohibited.

Last year, Newsom’s policing advisers released their recommendations which included legislation to “Require officers to intervene to prevent or stop other officers from engaging in excessive force, false arrest, or other inappropriate conduct.” 

“Today’s signing is a big step forward for police responsibility and accountability. Instituting these core values are paramount to building public trust that has eroded between law enforcement and communities across California,” said Holden.

AB 26 clarifies and establishes intervention to include, but not limited to:

•  The use of de-escalation techniques.
• Confronting the officer applying excessive use of force.
• Physically stopping the excessive use of force, when in a position to do so.
• Recording and documenting the incident in real time with body cameras.
• Reporting the incident to dispatch or the watch commander in real time stating the offending officer’s name, unit, location, time and situation in order to establish that an attempt to intervene has been made.

AB 26 also makes the following the changes to state law:

• Requires the peace officer to report the incident immediately to his/her supervisor.
• Prohibits retaliation on a peace officer for reporting the incident.
• Prohibits an officer from training other officers for a period of at least three years from the date that an excessive use of force complaint is substantiated.
• Requires an officer who fails to intervene be disciplined up to and including in the same manner as the officer who used excessive force.