A bill Assemblymember Sade Elhawary (D-Los Angeles) authored would make it illegal for law enforcement officers to deny or delay emergency medical care for people under their control when it is safe to provide treatment.
Assembly Bill (AB) 2318, known as the Ensuring Accountability After Tragedies Act, was placed on the Senate Appropriations Committee’s Suspense File on Aug. 3 because of its projected cost to the state.
The bill would amend Section 832.11 of the California Penal Code to prohibit officers from denying, delaying, obstructing or failing to facilitate medical care when a medical professional is present or has been requested and is willing to help. The requirement would apply when providing access is safe and reasonable.
If an officer denies or delays care when a medical professional is available, the officer or law enforcement agency would have to document the reason within 72 hours. Officers who violate the law could face disciplinary action, including suspension or termination.
Elhawary said the bill was prompted by several high-profile cases in which authorities allegedly blocked or delayed medical treatment for injured people, including the Jan.7, shooting death of Renee Nicole Good in Minneapolis. Witnesses said federal agents did not perform CPR and prevented a bystander who identified himself as a physician from assisting Good. Paramedics later administered CPR, but Good died from her injuries.
“Our intention is really to focus on Immigration and Customs Enforcement (ICE) and holding the Trump Administration accountable,” Elhawary told California Black Media (CBM) at the State Capitol on Aug. 6. “It’s been awful to see what these ICE agents have been doing to terrorize our communities.”
Elhawary, a member of the California Legislative Black Caucus (CLBC), said the concerns raised by the bill extend beyond federal immigration enforcement.
“This is something we know happens at the federal level and across the board. It happens at the local level as well,” Elhawary said. “They are using this uniform to act as if they have absolute immunity to kill someone and let them die. For some of them, I think they think it’s a badge of honor.”
“We’re in a time where we are hiring ICE agents and not training them properly,” Elhawary said. “Some of these people are truly racists and have next-level biases against communities like ours.”
Kevin Benedicto, vice president of the San Francisco Police Commission, testified in support of AB 2318 in his personal capacity before the Senate Public Safety Committee on June 23. Benedicto, a civil rights attorney and civil litigator, said “Access to medical professionals, following critical incidents, is key.”
