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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

Introduced by Senator Gonzalez

(Coauthor: Senator Wiener)

January 29, 2026

An act to amend Sections 13652 and 13652.1 of, and to add Section 13652.2 to, the Penal Code, relating to law enforcement.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards. Existing law requires kinetic energy projectiles and chemical agents only to be deployed by a peace officer that has received proper training for crowd control, as specified, or to bring an objectively dangerous and unlawful situation safely and effectively under control and only in accordance with certain requirements, including that de-escalation techniques have been attempted and have failed, kinetic energy projectiles are not aimed at the head, neck, or any other vital organs, and, 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.

This bill would expand the above prohibition and exception to include flash-bang grenades, as defined. The bill would define law enforcement agency as any department or agency of the state or any local government, special district, or other political subdivision thereof, that employs any peace officer, as defined, or any federal law enforcement agency. The bill would prohibit the use of flash-bang grenades for crowd control within 300 feet of a school zone, park, or any other area where children are visibly present, except as specified, and by any law enforcement agency for the purposes of immigration enforcement, except as specified. The bill would also only allow a commanding officer at the scene to authorize the use of flash-bang grenades.

Existing law requires each law enforcement agency to publish specified use of force incidents to the Department of Justice and requires the Department of Justice to publish those reports, as specified.

This bill would additionally require law enforcement agencies to report the use of flash-bang grenades. By imposing new duties on local law enforcement agencies, this bill would impose a state-mandated local program.

Existing law prohibits the possession of any destructive device and makes a violation of this prohibition punishable as a misdemeanor or felony. Existing law exempts specified peace officers from this prohibition.

This bill would prohibit a peace officer, as defined, from using an explosive breaching charge, as defined, for the purpose of immigration enforcement, except as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The bill would declare the severability of its provisions.

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

SECTION 1.

Section 13652 of the Penal Code is amended to read:

13652.

(a) Except as otherwise provided in subdivision (b), kinetic energy projectiles, flash-bang grenades, and chemical agents shall not be used by any law enforcement agency to disperse any assembly, protest, or demonstration.

(b) (1) Kinetic energy projectiles, flash-bang grenades, and chemical agents shall only be deployed for crowd control by a peace officer that has received training on their proper use certified by the Commission on Peace Officer Standards and Training, or training for crowd control or special weapons and tactics certified by an equivalent entity or training facility, if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control, and only in accordance with all of the following requirements:

(A) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.

(B) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles, flash-bang grenades, and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate.

(C) Persons are given an objectively reasonable opportunity to disperse and leave the scene.

(D) An objectively reasonable effort has been made to identify persons engaged in violent acts and those who are not, and kinetic energy projectiles, flash-bang grenades, 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.

(E) Kinetic energy projectiles, flash-bang grenades, and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable.

(F) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles, flash-bang grenades, and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.

(G) An objectively reasonable effort has been made to extract individuals in distress.

(H) 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.

(I) Kinetic energy projectiles and flash-bang grenades shall not be aimed at the head, neck, or any other vital organs.

(J) Kinetic energy projectiles, flash-bang grenades, or chemical agents shall not be used by any law enforcement agency solely due to any of the following:

(i) A violation of an imposed curfew.

(ii) A verbal threat.

(iii) Noncompliance with a law enforcement directive.

(K) Only a commanding officer at the scene of the assembly, protest, or demonstration may authorize the use of tear gas or flash-bang grenades.

(2) Paragraph (1) shall not be construed to relieve a peace officer of any required training on the use of kinetic energy projectiles, flash-bang grenades, and chemical agents in any other circumstance outside of crowd control.

(c) Flash-bang grenades shall not be used by any law enforcement agency for the purposes of immigration enforcement, unless done as part of a joint law enforcement task force, as defined in subdivision (g) of Section 7284.4 of the Government Code, or in compliance with subdivision (b) or (c) of Section 7284.6 of the Government Code.

(d) This section does not prevent a law enforcement agency from adopting more stringent policies.

(e) For the purposes of this section, the following terms have the following meanings:

(1) “Chemical agents” means any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, chloroacetophenone tear gas, commonly known as CN tear gas; 2-chlorobenzalmalononitrile gas, commonly known as CS gas; and items commonly referred to as pepper balls, pepper spray, or oleoresin capsicum.

(2) “Flash-bang grenades” means any less-than-lethal explosive or pyrotechnic devices that are deployed by hand or as projectiles and that produce a bright flash and loud noise intended to temporarily stun, distract, effect an arrest, or disperse a gathering of people. Flash-bang grenades include, but are not limited to, explosive or pyrotechnic devices that also emit chemical agents, kinetic energy projectiles, or shrapnel, or that are commonly referred to as blast balls, sting balls, stinger grenades, noise flash diversionary devices, concussion grenades, or stun grenades.

(3) “Kinetic energy projectiles” means any type of device designed as less lethal, to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. For purposes of this section, the term includes, but is not limited to, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds, and foam tipped plastic rounds.

(4) “Law enforcement agency” means any of the following:

(A) Any department or agency of the state or any local government, special district, or other political subdivision thereof, that employs any peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(B) Any federal law enforcement agency.

(f) This section does not apply within any county detention facility or any correctional facility of the Department of Corrections and Rehabilitation.

SEC. 2.

Section 13652.1 of the Penal Code is amended to read:

13652.1.

(a) Each law enforcement agency shall, within 60 days of each incident, publish a summary on its internet website of all instances in which a peace officer employed by that agency uses a kinetic energy projectile, flash-bang grenade, or chemical agent, as those terms are defined in Section 13652, for crowd control. However, an agency may extend that period for another 30 days if they demonstrate just cause, but in no case longer than 90 days from the time of the incident.

(b) For each incident reported under subdivision (a), the summary shall be limited to that information known to the agency at the time of the report and shall include only the following:

(1) A description of the assembly, protest, demonstration, or incident, including the approximate crowd size and the number of officers involved.

(2) The type of kinetic energy projectile, flash-bang grenade, or chemical agent deployed.

(3) The number of rounds, flash-bang grenades, or quantity of chemical agent dispersed, as applicable.

(4) The number of documented injuries as a result of the kinetic energy projectile, flash-bang grenade, or chemical agent deployment.

(5) The justification for using the kinetic energy projectile, flash-bang grenade, or chemical agent, including any de-escalation tactics or protocols and other measures that were taken at the time of the event to de-escalate tensions and avoid the necessity of using the kinetic energy projectile, flash-bang grenade, or chemical agent.

(c) The Department of Justice shall post on its internet website a compiled list linking each law enforcement agency’s reports posted pursuant to subdivision (a).

SEC. 3.

Section 13652.2 is added to the Penal Code, to read:

13652.2.

(a) Peace officers shall not utilize explosive breaching charges for the purpose of immigration enforcement, unless done as part of a joint law enforcement task force, as defined in subdivision (g) of Section 7284.4 of the Government Code, or in compliance with subdivision (b) or (c) of Section 7284.6 of the Government Code.

(b) For the purposes of this section, the following terms have the following meanings:

(1) “Explosive breaching charges” means less lethal explosive charges that are deployed by hand to effectuate the forced opening of closed or locked points of entry often through the destruction of doors, locks, hinges, windows, and frame materials. These charges include, but are not limited to, detonating cords, sheet explosives, shaped charges, blasting caps, and detonators.

(2) “Peace officer” means an officer of a local, state, or federal law enforcement agency, or a person acting on behalf of a local, state, or federal law enforcement agency.

SEC. 4.

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.

SEC. 5.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.