BILL NUMBER: SB 1019 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2007
INTRODUCED BY Senator Romero
FEBRUARY 23, 2007
An act to amend Section 1 832.7 of
the Penal Code, relating to crime peace
officer records .
LEGISLATIVE COUNSEL'S DIGEST
SB 1019, as amended, Romero. Crime: Penal Code.
Peace officer records: confidentiality.
Existing law generally regulates the confidentiality of various
personnel records relating to peace and custodial officers.
This bill would state the intent of the Legislature to abrogate
the California Supreme Court decision in Copley Press, Inc. v.
Superior Court and to restore public access to peace officer records
and meetings that were open prior to the Copley Press decision.
This bill would provide that notwithstanding specified statutory
provisions or the holding in Copley Press, Inc. v. Superior Court,
any charter city may elect, through an ordinance duly enacted, as
specified, to follow the practices it followed before the Copley
Press decision with respect to the release of limited information
regarding certain personnel investigations.
This bill would provide that notwithstanding the confidential
nature of peace and custodial officer complaints, as specified, the
employing agency may release other specified information.
This bill would specify the means by which requests for disclosure
of confidential information shall be made.
By imposing additional duties on local law enforcement agencies in
connection with peace and custodial officer discipline, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law designates specified statutes to be known as The
Penal Code of California, and is divided into four parts.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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) (1) 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
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 , civilian
review boards, personnel boards, police commissions, or
civil service commissions .
(2) It is the intent of the Legislature in enacting the act
amending this section to abrogate the California Supreme Court case
of Copley Press, Inc. v. Superior Court (2006) 39 Cal.4th 1272, to
restore public access to peace officer records, and to restore public
access to meetings and hearings that were open to the public prior
to the Copley Press decision.
(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 which 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. 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) Notwithstanding any provision of this chapter or the holding
in Copley Press, Inc. v. Superior Court (2006) 39 Cal.4th 1272
interpreting any provision of this chapter, any charter city may
elect, through an ordinance duly enacted, to follow the practices it
followed before the Copley Press decision with respect to the release
of limited information regarding certain personnel investigations.
If a charter city so elects, the city's legislative body must find,
based on the presentation of substantial evidence, that the practices
to be enacted and followed were followed by the city before the
Copley Press decision was final.
(f) Notwithstanding subdivision (a), with respect to each
sustained complaint, charge, disciplinary matter, or internal
investigation where the discipline imposed is either suspension,
demotion, removal, or other separation of the peace officer from
service with the department (other than by resignation), a department
or agency that employs peace or custodial officers may release any
of the following:
(1) The name and badge number of the subject officer.
(2) The charges brought against the officer.
(3) The discipline sought by the office.
(4) The name and current address of the complainant, unless the
complainant requests it be kept confidential.
(5) The factual findings with respect to the conduct at issue.
(6) The discipline imposed or corrective action taken.
(g) Notwithstanding subdivision (a), in cases in which a civilian
review board or other governmental body outside the department or
agency recommends imposition of discipline or makes or recommends a
finding that an officer's conduct was out of policy or that a
complaint was founded, and the finding is overturned or the
recommendation is not followed by the department or agency that
employs the peace officer, the department or agency may, in its
discretion, release any information already released by the outside
body, as well as a summary of the grounds for overturning the outside
body's finding or not following its recommendation.
(e)
(h) (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)
(i) 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.
(j) Information disclosable pursuant to this section shall be made
available upon request pursuant to Section 6250 of the Government
Code and following.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 1 of the Penal Code is
amended to read:
1. This Act shall be known as, and may be cited as, The Penal
Code of California, and is divided into four parts, as follows:
I.--OF CRIMES AND PUNISHMENTS.
II.--OF CRIMINAL PROCEDURE.
III.--OF THE STATE PRISON AND COUNTY JAILS.
IV.--OF PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS.