AB 1246, as introduced, Quirk. 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 be disclosed in any criminal or civil proceeding except by discovery. Existing law describes exceptions to this policy, including data regarding the number, type, or disposition of complaints made against officers if that information is in a form that does not identify the individuals involved.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 832.7 of the Penal Code is amended to
2read:
(a) Peace officer or custodial officer personnel records
4and records maintained by any state or local agency pursuant to
5Section 832.5, or information obtained from these records, are
P2 1confidential and shall not be disclosed in any criminal or civil
2proceeding except by discovery pursuant to Sections 1043 and
31046 of the Evidence Code. This section shall not apply to
4investigations or proceedings concerning the conduct of peace
5officers or custodial officers, or an agency or department that
6employs those officers, conducted by a grand jury, a district
7attorney’s office, or the Attorney General’s office.
8(b) Notwithstanding subdivision (a), a department or agency
9shall release to the complaining party a copy of his or her own
10
statements at the time the complaint is filed.
11(c) Notwithstanding subdivision (a), a department or agency
12that employs peace or custodial officers may disseminate data
13regarding the number, type, or disposition of complaints (sustained,
14not sustained, exonerated, or unfounded) made against its officers
15if that information is in a formbegin delete whichend deletebegin insert thatend insert does not identify the
16individuals involved.
17(d) Notwithstanding subdivision (a), a department or agency
18that employs peace or custodial officers may release factual
19information concerning a disciplinary investigation if the officer
20who is the subject of the disciplinary investigation, or the officer’s
21agent or representative, publicly makes a
statement he or she knows
22to be false concerning the investigation or the imposition of
23disciplinary action. Information may not be disclosed by the peace
24or custodial officer’s employer unless the false statement was
25published by an established medium of communication,begin delete such asend delete
26begin insert including, but not limited to,end insert television, radio, or a newspaper.
27Disclosure of factual information by the employing agency
28pursuant to this subdivision is limited to facts contained in the
29officer’s personnel file concerning the disciplinary investigation
30or imposition of disciplinary action that specifically refute the false
31statements made public by the peace or custodial officer or his or
32her agent or representative.
33(e) (1) The department or agency shall
provide written
34notification to the complaining party of the disposition of the
35complaint within 30 days of the disposition.
36(2) The notification described in this subdivision shall not be
37conclusive or binding or admissible as evidence in any separate
38or subsequent action or proceeding brought before an arbitrator,
39court, or judge of this state or the United States.
P3 1(f) Nothing in this section shall affect the discovery or disclosure
2of information contained in a peace or custodial officer’s personnel
3file pursuant to Section 1043 of the Evidence Code.
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