Bill Text: CA SB573 | 2011-2012 | Regular Session | Amended

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Bill Title: Peace officers.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB573 Detail]

Download: California-2011-SB573-Amended.html

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BILL NUMBER: SB 573	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 4, 2011

INTRODUCED BY   Senator Hernandez

                        FEBRUARY 17, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 573, as amended, Hernandez. Peace officers.
   Existing law provides that peace officer or custodial officer
personnel records and records maintained by any state or local
agency, or information obtained from these records, are confidential
and shall not, subject to exception, be disclosed in any criminal or
civil proceeding, as specified. Existing law also provides
circumstances under which the employing agency may release factual
information concerning a disciplinary investigation of the officer.

   Existing law states that these provisions do not apply to
investigations or proceedings concerning the conduct 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.  
   This bill would specify that those provisions do not apply to
criminal investigations or proceedings concerning the conduct of
peace officers, as specified. 
   This bill would make  other  technical, nonsubstantive
changes to those provisions.
   Vote: majority. Appropriation: no. Fiscal committee:  no
 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 any state or local agency pursuant to
Section 832.5, or information obtained from these records, are
confidential and shall not be disclosed in any criminal or civil
proceeding except by discovery pursuant to Sections 1043 and 1046 of
the Evidence Code. This section shall not apply to  criminal
 investigations or proceedings concerning the conduct 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  officers  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 which does not
identify the individuals involved.
   (d) Notwithstanding subdivision (a), a department or agency that
employs peace officers 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
officer's or custodial officer's employer unless the false statement
was published by an established medium of communication, such as
television, radio, or 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
officer 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 any 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 officer's or custodial
officer's personnel file pursuant to Section 1043 of the Evidence
Code.