BILL NUMBER: SB 1516	CHAPTERED  09/30/02

	CHAPTER  1156
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2002
	PASSED THE SENATE  AUGUST 19, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	AMENDED IN ASSEMBLY  AUGUST 12, 2002
	AMENDED IN ASSEMBLY  JULY 3, 2002
	AMENDED IN SENATE  MAY 14, 2002
	AMENDED IN SENATE  APRIL 29, 2002
	AMENDED IN SENATE  APRIL 18, 2002

INTRODUCED BY   Senator Romero
   (Principal coauthor:  Assembly Member Shelley)

                        FEBRUARY 20, 2002

   An act to amend Section 3309.5 of the Government Code, relating to
public safety officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1516, Romero.  Public safety officers:  procedural bill of
rights.
   The Public Safety Officers Procedural Bill of Rights Act makes it
unlawful for any public safety department to deny or refuse to public
safety officers the rights and protections guaranteed to them by the
act.
   This bill would provide that, upon a finding by a superior court,
any public safety department, its employees, agents, or assigns,
acting within the scope of employment, who maliciously violates any
provision of the act with intent to injure a public safety officer,
shall be liable to the public safety officer whose right or
protection was denied for a civil penalty and attorney's fees.  The
department would also be liable for actual and exemplary damages if
the court finds that actual damages are established.  This bill would
specifically authorize a court to order specified sanctions if the
court finds that a bad faith or frivolous action or a filing for an
improper purpose has been brought pursuant to the act.


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


  SECTION 1.  Section 3309.5 of the Government Code is amended to
read:
   3309.5.  (a) It shall be unlawful for any public safety department
to deny or refuse to any public safety officer the rights and
protections guaranteed to him or her by this chapter.
   (b) The superior court shall have initial jurisdiction over any
proceeding brought by any public safety officer against any public
safety department for alleged violations of this chapter.
   (c) (1) In any case where the superior court finds that a public
safety department has violated any of the provisions of this chapter,
the court shall render appropriate injunctive or other extraordinary
relief to remedy the violation and to prevent future violations of a
like or similar nature, including, but not limited to, the granting
of a temporary restraining order, preliminary, or permanent
injunction prohibiting the public safety department from taking any
punitive action against the public safety officer.
   (2) If the court finds that a bad faith or frivolous action or a
filing for an improper purpose has been brought pursuant to this
chapter, the court may order sanctions against the party filing the
action, the parties attorney, or both pursuant to Sections 128.6 and
128.7 of the Code of Civil Procedure.  Those sanctions may include,
but not be limited to, reasonable expenses, including attorney's
fees, incurred by a public safety department, as the court deems
appropriate.  Nothing in this paragraph is intended to subject
actions or filings under this section to rules or standards that are
different from those applicable to other civil actions or filings
subject to Section 128.6 or 128.7 of the Code of Civil Procedure.
   (d) In addition to the extraordinary relief afforded by this
chapter, upon a finding by a superior court that a public safety
department, its employees, agents, or assigns, with respect to acts
taken within the scope of employment, maliciously violated any
provision of this chapter with the intent to injure the public safety
officer, the public safety department shall, for each and every
violation, be liable for a civil penalty not to exceed twenty-five
thousand dollars ($25,000) to be awarded to the public safety officer
whose right or protection was denied and for reasonable attorney's
fees as may be determined by the court.  If the court so finds, and
there is sufficient evidence to establish actual damages suffered by
the officer whose right or protection was denied, the public safety
department shall also be liable for the amount of the actual damages.
  Notwithstanding these provisions, a public safety department may
not be required to indemnify a contractor for the contractor's
liability pursuant to this subdivision if there is, within the
contract between the public safety department and the contractor, a
"hold harmless" or similar provision that protects the public safety
department from liability for the actions of the contractor.  An
individual shall not be liable for any act for which a public safety
department is liable under this section.