Bill Text: CA SB1353 | 2011-2012 | Regular Session | Amended

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Bill Title: Peace officer records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-04 - Hearing postponed by committee. [SB1353 Detail]

Download: California-2011-SB1353-Amended.html

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BILL NUMBER: SB 1353	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2012

INTRODUCED BY   Senator Hernandez

                        FEBRUARY 24, 2012

   An act to amend Section 832.7 of the Penal Code, relating to peace
officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1353, as amended, Hernandez. Peace officer records. 
   Existing 
   (1)     Existing  law requires peace
officer or custodial officer personnel records and records maintained
by a state or local agency, or information obtained from these
records, to be confidential and prohibits disclosure in a criminal or
civil proceeding except by discovery. Existing law 
authorizes   provides that this prohibition does not
apply to investigations or proceedings concerning the conduct of
peace officers or   custodial officers conducted by a grand
jury, district attorney's office, or the Attorney General's office.
 
   This bill would instead provide that this prohibition does not
apply to investigations or proceedings concerning civil rights
violations investigated by the Attorney General's office or the
criminal misconduct of peace officers or custodial officers conducted
by a grand jury, district attorney's office, or the Attorney General'
s office. 
    (2)     Existing law authorizes  a
department or agency that employs peace or custodial officers to
release factual information concerning a disciplinary investigation
if the officer who is the subject of the disciplinary investigation,
or the officer's agent or representative, publicly makes a statement
he or she knows to be false concerning the investigation or the
imposition of disciplinary action and the false statement was
published by an established medium of communication, such as
television, radio, or a newspaper.
   This bill would authorize disclosure of factual information
concerning a disciplinary investigation if the officer who is the
subject of the disciplinary investigation, or the officer's agent or
representative, makes a false statement that is published by an
Internet Web site affiliated with a newspaper.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 832.7 of the Penal Code is amended to read:
   832.7.  (a) Peace officer or custodial officer personnel records
and records maintained by a state or local agency pursuant to Section
832.5, or information obtained from these records, are confidential
and shall not be disclosed in a criminal or civil proceeding except
by discovery pursuant to Sections 1043 and 1046 of the Evidence Code.
This section shall not apply to investigations or proceedings
concerning  the conduct   civil rights
violations investigated by the Attorney Gen   eral's office
or the criminal misconduct  of peace officers or custodial
officers, or an agency or department that employs those officers,
conducted by a grand jury, a district attorney's office, or the
Attorney General's office.
   (b) Notwithstanding subdivision (a), a department or agency shall
release to the complaining party a copy of his or her own statements
at the time the complaint is filed.
   (c) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may disseminate data regarding
the number, type, or disposition of complaints (sustained, not
sustained, exonerated, or unfounded) made against its officers if
that information is in a form that does not identify the individuals
involved.
   (d) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may release factual information
concerning a disciplinary investigation if the officer who is the
subject of the disciplinary investigation, or the officer's agent or
representative, publicly makes a statement he or she knows to be
false concerning the investigation or the imposition of disciplinary
action. Information may not be disclosed by the peace or custodial
officer's employer unless the false statement was published by an
established medium of communication, such as television, radio, or a
newspaper or an Internet Web site affiliated with a newspaper.
Disclosure of factual information by the employing agency pursuant to
this subdivision is limited to facts contained in the officer's
personnel file concerning the disciplinary investigation or
imposition of disciplinary action that specifically refute the false
statements made public by the peace or custodial officer or his or
her agent or representative.
   (e) (1) The department or agency shall provide written
notification to the complaining party of the disposition of the
complaint within 30 days of the disposition.
   (2) The notification described in this subdivision shall not be
conclusive or binding or admissible as evidence in a separate or
subsequent action or proceeding brought before an arbitrator, court,
or judge of this state or the United States.
   (f) Nothing in this section shall affect the discovery or
disclosure of information contained in a peace or custodial officer's
personnel file pursuant to Section 1043 of the Evidence Code.