SB 629,
as amended, Mitchell. begin deletePeace officers: complaints. end deletebegin insertCrimes: taking person from lawful custody of peace officer.end insert
Existing law defines a “lynching” as the taking of a person from the lawful custody of a peace officer by means of a riot. Under existing law a person who participates in a lynching is punishable by imprisonment in a county jail for 2, 3, or 4 years.
end insertbegin insertThis bill would provide that the taking of a person from the lawful custody of a peace officer is no longer defined as a “lynching.” This bill would provide that a person who participates in the taking of another person from the lawful custody of a peace officer is guilty of a felony, punishable by imprisonment in a county jail for 2, 3, or 4 years.
end insertExisting 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.
end deleteThis bill would make technical, nonsubstantive changes to those provisions.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 405a of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert
begin deleteThe end deletebegin insertA person who participates in the end inserttaking by means
4of a riot ofbegin delete anyend deletebegin insert anotherend insert person from the lawful custody ofbegin delete anyend deletebegin insert aend insert
5 peace officer isbegin delete a lynching.end deletebegin insert
guilty of a felony, punishable by
6imprisonment pursuant to subdivision (h) of Section 1170 for two,
7three, or four years.end insert
begin insertSection 405b of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert
Every person who participates in any lynching is
10punishable by imprisonment pursuant to subdivision (h) of Section
111170 for two, three or four years.
Section 832.5 of the Penal Code is amended to
13read:
(a) (1) A department or agency in this state that
15employs peace officers shall establish a procedure to investigate
16complaints by members of the public against the personnel of those
17departments or agencies, and shall make a written description of
18the procedure available to the public.
19(2) A
department or agency that employs custodial officers, as
20defined in Section 831.5, may establish a procedure to investigate
21complaints by members of the public against those custodial
22officers employed by these departments or agencies, provided
23however, that any procedure so established shall comply with the
24provisions of this section and with the provisions of Section 832.7.
25(b) Complaints and any reports or findings relating to these
26complaints shall be retained for a period of at least five years. All
27complaints retained pursuant to this subdivision may be maintained
28either in the peace officer’s or custodial officer’s general personnel
29file or in a separate file designated by the department or agency
30as provided by department or agency policy, in accordance with
31all applicable requirements of law. However,
prior to any official
32determination regarding promotion, transfer, or disciplinary action
33by an officer’s employing department or agency, the complaints
34described by subdivision (c) shall be removed from the officer’s
35general personnel file and placed in separate file designated by the
36department or agency, in accordance with all applicable
37requirements of law.
P3 1(c) Complaints by members of the public that are determined
2by the peace officer’s or custodial officer’s employing agency to
3be frivolous, as defined in Section 128.5 of the Code of Civil
4Procedure, or unfounded or exonerated, or any portion of a
5complaint that is determined to be frivolous, unfounded, or
6exonerated, shall not be maintained in that officer’s general
7personnel file. However, these complaints shall be retained in
8other, separate files that shall be deemed personnel
records for
9purposes of the California Public Records Act (Chapter 3.5
10(commencing with Section 6250) of Division 7 of Title 1 of the
11Government Code) and Section 1043 of the Evidence Code.
12(1) Management of the peace officer’s or custodial officer’s
13employing agency shall have access to the files described in this
14subdivision.
15(2) Management of the peace officer’s or custodial officer’s
16employing agency shall not use the complaints contained in these
17separate files for punitive or promotional purposes except as
18permitted by subdivision (f) of Section 3304 of the Government
19Code.
20(3) Management of the
peace officer’s or custodial officer’s
21employing agency may identify any officer who is subject to the
22complaints maintained in these files which require counseling or
23additional training. However, if a complaint is removed from the
24officer’s personnel file, any reference in the personnel file to the
25complaint or to a separate file shall be deleted.
26(d) As used in this section, the following definitions apply:
27(1) “General personnel file” means the file maintained by the
28agency containing the primary records specific to each peace
29officer’s or custodial officer’s employment, including evaluations,
30assignments, status changes, and imposed discipline.
31(2) “Unfounded” means that the investigation clearly established
32that the allegation is not true.
33(3) “Exonerated” means that the investigation clearly established
34that the actions of the peace
officer or custodial officer that formed
35the basis for the complaint are not violations of law or department
36policy.
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