BILL NUMBER: SB 388	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lieu

                        FEBRUARY 20, 2013

   An act to amend Section 3303 of the Government Code, relating to
public safety officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 388, as introduced, Lieu. Public safety officers:
investigations and interrogations.
   The Public Safety Officers Procedural Bill of Rights Act grants
certain rights to public safety officers, as defined. The act
requires that, when any public safety officer is under investigation
and subjected to interrogation by his or her commanding officer, or
any other member of the employing public safety department, that
could lead to punitive action, the interrogation be conducted under
certain conditions, except as specified.
   This bill would provide that the above-mentioned conditions apply
when any interrogation of a public safety officer is conducted,
whether or not an investigation of that public safety officer is
being conducted.
   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 3303 of the Government Code is amended to read:

   3303.  When any public safety officer is under investigation
 and subjected to interrogation   and subjected
to interrogation, or is subject to interrogation without being under
investigation,  by his or her commanding officer, or any other
 member   representative  of the employing
public safety department, that could lead to punitive action, the
interrogation shall be conducted under the following conditions. For
the purpose of this chapter, punitive action means any action that
may lead to dismissal, demotion, suspension, reduction in salary,
written reprimand, or transfer for purposes of punishment.
   (a) The interrogation shall be conducted at a reasonable hour,
preferably at a time when the public safety officer is on duty, or
during the normal waking hours for the public safety officer, unless
the seriousness of the  investigation   inquiry
 requires otherwise. If the interrogation does occur during
off-duty time of the public safety officer being interrogated, the
public safety officer shall be compensated for any off-duty time in
accordance with regular department procedures, and the public safety
officer shall not be released from employment for any work missed.
   (b) The public safety officer  under investigation
 shall be informed prior to the interrogation of the rank,
name, and command of the officer in charge of the interrogation, the
interrogating officers, and all other persons to be present during
the interrogation. All questions directed to the public safety
officer under interrogation shall be asked by and through no more
than two interrogators at one time.
   (c) The public safety officer  under investigation
 shall be informed of the nature of the 
investigation   inquiry  prior to any
interrogation.
   (d) The interrogating session shall be for a reasonable period
taking into consideration gravity and complexity of the issue being
investigated. The person under interrogation shall be allowed to
attend to his or her own personal physical necessities.
   (e) The public safety officer under interrogation shall not be
subjected to offensive language or threatened with punitive action,
except that an officer refusing to respond to questions or submit to
interrogations shall be informed that failure to answer questions
directly related to the  investigation   inquiry
 or interrogation may result in punitive action. No promise of
reward shall be made as an inducement to answering any question. The
employer shall not cause the public safety officer under
interrogation to be subjected to visits by the press or news media
without his or her express consent nor shall his or her home address
or photograph be given to the press or news media without his or her
express consent.
   (f) No statement made during interrogation by a public safety
officer under duress, coercion, or threat of punitive action shall be
admissible in any subsequent civil proceeding. This subdivision is
subject to the following qualifications:
   (1) This subdivision shall not limit the use of statements made by
a public safety officer when the employing public safety department
is seeking civil sanctions against any public safety officer,
including disciplinary action brought under Section 19572.
   (2) This subdivision shall not prevent the admissibility of
statements made by the public safety officer under interrogation in
any civil action, including administrative actions, brought by that
public safety officer, or that officer's exclusive representative,
arising out of a disciplinary action.
   (3) This subdivision shall not prevent statements made by a public
safety officer under interrogation from being used to impeach the
testimony of that officer after an in camera review to determine
whether the statements serve to impeach the testimony of the officer.

   (4) This subdivision shall not otherwise prevent the admissibility
of statements made by a public safety officer under interrogation if
that officer subsequently is deceased.
   (g) The complete interrogation of a public safety officer may be
recorded. If a tape recording is made of the interrogation, the
public safety officer shall have access to the tape if any further
proceedings are contemplated or prior to any further interrogation at
a subsequent time. The public safety officer shall be entitled to a
transcribed copy of any notes made by a stenographer or to any
reports or complaints made by investigators or other persons, except
those which are deemed by the investigating agency to be
confidential. No notes or reports that are deemed to be confidential
may be entered in the officer's personnel file. The public safety
officer being interrogated shall have the right to bring his or her
own recording device and record any and all aspects of the
interrogation.
   (h) If prior to or during the interrogation of a public safety
officer it is deemed that he or she may be charged with a criminal
offense, he or she shall be immediately informed of his or her
constitutional rights.
   (i) Upon the filing of a formal written statement of charges, or
whenever an interrogation  under any   circumstances
 focuses on matters that  are likely to result in
  could lead to  punitive action against any public
safety officer, that officer, at his or her request, shall have the
right to be represented by a representative of his or her choice who
may be present at all times during the interrogation. The
representative shall not be a person subject to the same 
investigation   inquiry  . The representative shall
not be required to disclose, nor be subject to any punitive action
for refusing to disclose, any information received from the officer
 under investigation   being interrogated 
for noncriminal matters.
   This section shall not apply to any interrogation of a public
safety officer in the normal course of duty, counseling, instruction,
or informal verbal admonishment by, or other routine or unplanned
contact with, a supervisor or any other public safety officer, nor
shall this section apply to an  investigation  
inquiry  concerned solely and directly with alleged criminal
activities.
   (j) No public safety officer shall be loaned or temporarily
reassigned to a location or duty assignment if a sworn member of his
or her department would not normally be sent to that location or
would not normally be given that duty assignment under similar
circumstances.