Fatal police shootings could become a crime under proposed California law

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At issue is Assembly Bill 392, known as the California Act to Save Lives, which would put the onus on officers to justify discharging their weapon, shifting the standard from “reasonable” — as defined by the Supreme Court's 1989 Graham v Connor ruling — to “necessary.” That means that, under the proposed bill, police must feel confident that it is truly necessary to shoot to protect themselves or others from danger, or they could be prosecuted for killing their victim.

Instead of reaching for their guns, officers would be pressed to engage in de-escalation tactics — in addition to considering options such as a Taser or a baton — that aim to reduce tension between officer and suspect. Experts say these include listening to the suspect's story, explaining the actions an officer is about to take, and ensuring that the suspect's dignity is preserved throughout the interaction

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“This bill is about saving lives,” she says. “That includes police lives, and it includes the lives of bystanders. My son was shot in a Walmart parking lot at Christmas.”

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Some also argue that there often is a racial component at play.

“Time and time again, officers manage to safely arrest people who are armed and dangerous, though often those people are white,” says Lizzie Buchen, legislative advocate for the ACLU of California.

“We know police have the tools and skills to apprehend people without harming them,” says Buchen. “But there are just dramatic discrepancies of outcomes when you’re dealing with people of color.”

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