Senate BillNo. 629


Introduced by Senator Mitchell

February 27, 2015


An act to amend Section 832.5 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 629, as introduced, Mitchell. Peace officers: complaints.

Existing law requires a department or agency that employs peace officers or custodial officers to establish a procedure to investigate complaints by members of the public against those officers. Existing law establishes retention requirements and access privileges, as specified, for those complaints and related reports or findings.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 832.5 of the Penal Code is amended to
2read:

3

832.5.  

(a) (1) begin deleteEach end deletebegin insertA end insertdepartment or agency in this state that
4employs peace officers shall establish a procedure to investigate
5complaints by members of the public against the personnel ofbegin delete theseend delete
6begin insert thoseend insert departments or agencies, and shall make a written description
7of the procedure available to the public.

8(2) begin deleteEach end deletebegin insertA end insertdepartment or agency that employs custodial officers,
9as defined in Section 831.5, may establish a procedure to
10investigate complaints by members of the public against those
P2    1custodial officers employed by these departments or agencies,
2provided however, that any procedure so established shall comply
3with the provisions of this section and with the provisions of
4Section 832.7.

5(b) Complaints and any reports or findings relating to these
6complaints shall be retained for a period of at least five years. All
7complaints retained pursuant to this subdivision may be maintained
8either in the peacebegin insert officer’send insert or custodial officer’s general personnel
9file or in a separate file designated by the department or agency
10as provided by department or agency policy, in accordance with
11all applicable requirements of law. However, prior to any official
12determination regarding promotion, transfer, or disciplinary action
13by an officer’s employing department or agency, the complaints
14described by subdivision (c) shall be removed from the officer’s
15general personnel file and placed in separate file designated by the
16department or agency, in accordance with all applicable
17requirements of law.

18(c) Complaints by members of the public that are determined
19by the peacebegin insert officer’send insert or custodial officer’s employing agency to
20be frivolous, as defined in Section 128.5 of the Code of Civil
21Procedure, or unfounded or exonerated, or any portion of a
22complaint that is determined to be frivolous, unfounded, or
23exonerated, shall not be maintained in that officer’s general
24personnel file. However, these complaints shall be retained in
25other, separate files that shall be deemed personnel records for
26purposes of the California Public Records Act (Chapter 3.5
27(commencing with Section 6250) of Division 7 of Title 1 of the
28Government Code) and Section 1043 of the Evidence Code.

29(1) Management of the peacebegin insert officer’send insert or custodial officer’s
30employing agency shall have access to the files described in this
31subdivision.

32(2) Management of the peacebegin insert officer’send insert or custodial officer’s
33employing agency shall not use the complaints contained in these
34separate files for punitive or promotional purposes except as
35permitted by subdivision (f) of Section 3304 of the Government
36Code.

37(3) Management of the peacebegin insert officer’send insert or custodial officer’s
38employing agency may identify any officer who is subject to the
39complaints maintained in these files which require counseling or
40additional training. However, if a complaint is removed from the
P3    1officer’s personnel file, any reference in the personnel file to the
2complaint or to a separate file shall be deleted.

3(d) As used in this section, the following definitions apply:

4(1) “General personnel file” means the file maintained by the
5agency containing the primary records specific to each peace
6begin insert officer’send insert or custodial officer’s employment, including evaluations,
7assignments, status changes, and imposed discipline.

8(2) “Unfounded” means that the investigation clearly established
9that the allegation is not true.

10(3) “Exonerated” means that the investigation clearly established
11that the actions of the peacebegin insert officerend insert or custodial officer that formed
12the basis for the complaint are not violations of law or department
13policy.



O

    99