Criminal
Oct. 21, 2021
A look inside AB 490 and limitations on the use of force
For this new law to be successful, officers will require new training regarding appropriate techniques of arrest control that will avoid causing a substantial risk of asphyxia.
David E. Mastagni
Partner
Mastagni Holstedt APC
1912 I Street
Sacramento , CA 95811
Phone: 916-446-4692
Email: davidm@mastagni.com
Last month, Gov. Gavin Newsom signed into law Assembly Bill 490, which "prohibit[s] a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined." This law is an expansion of AB 1196, signed into law one year ago in response to the death of George Floyd, which prohibited a law enforcement agency from authorizing the use of the carotid restraint and choke holds.
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