AB 48Rohnert Park Department of Public Safety
Training Bulletin -AB 48
Topic: AB48
Summary: Assembly Bill 48 added and modified legislation related to the use of kinetic energy projectiles and chemical agents for crowd control
On September 30, 2021, Governor Newsom signed Assembly Bill 48 into law. AB 48 added Penal Code Section 13652 into law and modified Government Code Section 1252.2. Both changes went into effect on January 1, 2022.
Penal Code Section 13652:
Only peace officers who have received California POST training in the use of kinetic energy projectiles and chemical agents for crowd control may deploy them. For most officers, this training was completed during the basic academy.
Prohibits use of kinetic energy projectiles and chemical agents to disperse crowds except:
With incidents of defending against a threat of life or serious bodily injury to any individual, or
To bring an objectively dangerous and unlawful situation under control, but
11 specific requirements must be met:
1. Deescalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed
2. Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcement shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate.
3. Persons are given an objectively reasonable opportunity to disperse and leave the scene.
4. An objectively reasonable effort has been made to identify persons engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of persons.
5. Kinetic energy projectibles and chemical agents are used only with the frequency, intensity, and in a manner that is propertional to the threat and objectively reasonable.
6. Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.
7. An objectively reasonable effort has been made to extract individuals in distress.
8. Medical Assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so.
9. Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.
10. Kinetic energy projectiles or chemical agents shall not be used by any law enforcement agency soley due to any of the following:
a. A violation of an imposed curfew
b. A verbal threat
c. Noncompliance with a law enforcement directive
11. If the chemical agent to be deployed is tear gas, only a commanding officer at the scene of the assembly, protest, or demonstration may authorize the use of tear gas.