Bill Text: CA SB313 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Safety Officers Procedural Bill of Rights Act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-10-12 - Chaptered by Secretary of State. Chapter 779, Statutes of 2013. [SB313 Detail]

Download: California-2013-SB313-Amended.html

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BILL NUMBER: SB 313	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN SENATE  APRIL 24, 2013

INTRODUCED BY   Senator De León
   (Principal coauthor: Assembly Member Alejo)
   (Coauthor: Senator Lieu)

                        FEBRUARY 15, 2013

   An act to add Section 3305.5 to the Government Code, relating to
public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 313, as amended, De León. Public Safety Officers Procedural
Bill of Rights Act.
   The Public Safety Officers Procedural Bill of Rights Act prohibits
any punitive action, or denial of promotion on grounds other than
merit, against a public safety officer, as defined, without providing
the officer with specified administrative procedural protections,
including, but not limited to, the officer's right to inspect his or
her own personnel file and an opportunity for the officer to file an
administrative appeal under certain conditions.
   This bill would prohibit a public agency from taking punitive
action, or denying promotion on grounds other than merit, against a
public safety officer, because the officer's name was placed on a
"Brady list," as defined. The bill would further prohibit the
introduction of any evidence in an administrative appeal of a
punitive action that the officer's name was placed on a Brady list,
except as provided. The bill would specifically not prohibit a public
agency from taking punitive or personnel action against a public
safety officer based on the underlying acts or omissions for which
that officer's name was placed on the Brady list.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 3305.5 is added to the Government Code, to
read:
   3305.5.  (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.  Evidence that a public safety officer's
name was placed on a Brady list pursuant to this subdivision shall
only be used for the sole purpose of determining the type or level of
punitive action to be imposed.   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) 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.