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AB 2773 – Imposes Procedural Requirements For Police Stops

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CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room, Public Education Matters

CLIENT TYPE: Public Education, Public Employers, Public Safety

DATE: Oct 19, 2022

AB 2773 imposes a new restriction on peace officers making a traffic stop or pedestrian stop, effective January 1, 2024. Before engaging in questioning related to a criminal investigation or traffic violation, the officer must state the reason for the stop. The officer must also document the reason for the stop on any citation or police report resulting from the stop.

These requirements do not apply where the officer reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat, such as in cases of terrorism or kidnapping.

AB 2773 also revises the annual report that law enforcement agencies must make to the Attorney General regarding stops conducted by that agency’s peace officers. Effective January 1, 2024, the annual report must include, for each stop, the reason given to the person stopped at the time of the stop. Finally, the bill requires the Department of Motor Vehicles to include information about these new requirements in the California Driver’s Handbook.

As with other bills imposing restrictions and requirements on police officer procedure, law enforcement agencies should ensure these changes are communicated to peace officers and incorporated in administrative policies.

(AB 2774 amends Section 12525.5 of the Government Code, amends Section 1656.3 of the Vehicle Code, and adds Section 2806.5 to the Vehicle Code.)


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