Jesse Gabriel

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.