Bill Text: CA SB1220 | 2019-2020 | Regular Session | Amended
Bill Title: Peace and custodial officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2020-09-30 - In Senate. Consideration of Governor's veto pending. [SB1220 Detail]
Download: California-2019-SB1220-Amended.html
Amended
IN
Senate
April 29, 2020 |
Amended
IN
Senate
March 25, 2020 |
Introduced by Senator Umberg |
February 20, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants public safety officers, as defined, a variety of administrative and procedural employment protections and prohibits a punitive action, or denial of promotion on grounds other than merit, solely on the basis that an officer’s name has been placed on a Brady list. Existing law defines a Brady list as a system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, as specified.
This bill would require a prosecuting agency to provide specified notices to a peace officer before and after any consideration of placing that officer’s name on a Brady list. The bill would also require the public employer of a peace officer to forward those notices to the peace officer. The bill would
additionally require a prosecuting agency that maintains a Brady list to adopt a policy that includes, among other things, the criteria used by the agency to place an officer’s name on the Brady list and an officer’s right to request reconsideration of that placement. By imposing new duties on local government, the bill would impose a state-mandated local program.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1045 of the Evidence Code is amended to read:1045.
(a) Nothing in this article shall be construed to affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those investigations, concerning an event or transaction in which the peace officer or custodial officer, as defined in Section 831.5 of the Penal Code, participated, or which the officer perceived, and pertaining to the manner in which the officer performed their duties, provided that information is relevant to the subject matter involved in the pending litigation.(a)A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by any public agency against any public safety officer solely because that officer’s name has been placed on a Brady list, or that the officer’s name may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83.
(b)This section shall not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel action against a public safety officer based on the underlying acts or omissions for which that officer’s name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to
Brady v. Maryland (1963) 373 U.S. 83, if the actions taken by the public agency otherwise conform to this chapter and to the rules and procedures adopted by the local agency.
(c)Evidence that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced for any purpose in any administrative appeal of a punitive action, except as provided in subdivision (d).
(d)Evidence that a public safety officer’s name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer’s name was placed on a Brady list is proven and the officer is found to be
subject to some form of punitive action. If the hearing officer or other administrative appeal tribunal finds or determines that a public safety officer has committed the underlying acts or omissions that will result in a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed.
(e)(1)At least 10 days prior to considering placing an officer’s name on a Brady list, a prosecuting agency shall send a written notice by mail or email to the officer’s current or last known employment
address. On receipt, the officer’s current or last known employer shall provide the notice to the officer if the officer’s contact information is available.
(2)The notice provided pursuant to paragraph (1) shall contain all of the following:
(A)A notice of possible placement on the Brady list.
(B)The officer’s right to request relevant materials from the prosecuting agency.
(C)The officer’s right to provide input to the prosecuting agency before the prosecuting agency makes a determination of whether the officer should be added to the list.
(D)The prosecuting agency’s procedural requirements for a law
enforcement officer to provide input.
(3)The prosecuting agency shall additionally send a written notice by mail or email to the officer’s current or last known employment address when the agency makes a determination regarding placement of the officer’s name on the Brady list. On receipt, the officer’s current or last known employer shall provide that notice to the officer if the officer’s contact information is available.
(4)If the prosecuting agency makes a determination to place the officer’s name on the Brady list, the notice sent pursuant to paragraph (3) shall include all of the following:
(A)The officer’s right to request for reconsideration of the placement on the Brady list.
(B)The prosecuting agency’s procedural requirements for submitting a written request for reconsideration, including the method and timeframe for submitting the request for reconsideration and any supporting and corroborating documents and evidence from any pertinent sources.
(C)A statement that, if the officer intends to request a reconsideration of the placement, the officer shall submit the written request for reconsideration to the prosecuting agency within 10 business days after receiving the notice.
(5)If an officer submits a request for reconsideration pursuant to this section, and the officer’s request for reconsideration is approved by the prosecuting agency, the officer’s name shall be removed from the Brady
list. If the officer’s request is denied, the officer’s name shall remain on the Brady list. If an officer does not submit a request for reconsideration or fails to comply with the requirements for submitting a request for reconsideration, the officer’s name shall remain on the Brady list.
(6)A prosecuting agency that maintains a Brady list shall adopt a policy that includes, but is not limited to, all of the following:
(A)The criteria used by the agency to place an officer’s name on the Brady list.
(B)The officer’s right to receive written notice at least 10 days prior to the agency’s consideration of the placement of the officer’s name on the list, and the officer’s right to provide input to the prosecuting agency
before the prosecuting agency makes a determination regarding the placement of the officer’s name on the Brady list.
(C)The duty of the prosecuting agency to provide the notices to the officer required by this subdivision.
(D)The officer’s right to request a reconsideration of the placement of the officer’s name on the Brady list and submit supporting and corroborating documents and evidence in support of the request for reconsideration.
(7)This subdivision does not limit the duty of a prosecuting agency to provide information as required by Brady v. Maryland (1963) 373 U.S. 83.
(8)This subdivision does not prohibit a prosecuting agency’s ability
to remove an officer’s name from a Brady list if, on receipt of additional supporting and corroborating information or a change in factual circumstances, the prosecuting agency determines that the officer’s name no longer requires placement on the Brady list.
(f)For purposes of this section, “Brady list” means any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office in accordance with the holding in Brady v. Maryland (1963) 373 U.S. 83.