Department of Justice., the official text

An act to add Section 12525.4 to the Government Code, relating to the Department of Justice.

LEGISLATIVE COUNSEL'S DIGEST

Existing law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a peace officer is involved in a shooting or use of force that results in death or serious bodily injury. Existing law requires the state prosecutor to investigate incidents involving a shooting by a peace officer resulting in the death of an unarmed civilian. Existing law authorizes the state prosecutor to criminally prosecute any officer that, pursuant to an investigation, is found to have violated state law. Existing law provides that the Attorney General is the state prosecutor unless otherwise specified or named.
This bill would require the state prosecutor to conduct an independent, transparent, and thorough investigation into incidents of a federal immigration enforcement officer-involved shooting resulting in the death of a civilian. The bill would authorize the state prosecutor to criminally prosecute a federal immigration enforcement officer that, pursuant to an investigation, is found to have violated state law. The bill would require the state prosecutor to post and maintain on a public internet website each written report, as specified. The bill provides that the Attorney General is the state prosecutor unless otherwise specified or named.
This bill would provide that the provisions of this bill are severable.

The people of the State of California do enact as follows:

SECTION 1.
Section 12525.4 is added to the Government Code, to read:
12525.4.
(a) A state prosecutor shall conduct an independent, transparent, and thorough investigation into incidents of a federal immigration enforcement officer-involved shooting resulting in the death of a civilian. The Attorney General is the state prosecutor unless otherwise specified or named.
(b) The state prosecutor shall do all of the following:
(1) Investigate and gather facts in an incident involving a shooting resulting in the death of a civilian by a federal immigration enforcement officer.
(2) For all investigations conducted, prepare and submit a written report. The written report shall include, at a minimum, both of the following:
(A) A statement of the facts.
(B) A detailed analysis and conclusion for each investigatory issue.
(3) If criminal charges against the involved officer are found to be warranted, initiate and prosecute a criminal action against the officer.
(c) The state prosecutor shall post and maintain on a public internet website each written report prepared by the state prosecutor pursuant to this subdivision, appropriately redacting any information in the report that is required by law to be kept confidential.
(d) This section does not limit the Attorney General’s authority under the California Constitution or any applicable state law.

SEC. 2.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.