BILL NUMBER: SB 629	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Mitchell

                        FEBRUARY 27, 2015

   An act to amend Section  832.5 of   405a of,
and to repeal Section 405b of,  the Penal Code, relating to
 peace officers.   crimes. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 629, as amended, Mitchell.  Peace officers: complaints.
  Crimes: taking person from lawful custody of peace
officer.  
   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.  
   This 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.  
   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:

   SECTION 1.    Section 405a of the   Penal
Code   is amended to read: 
   405a.   The   A person who participates in
the  taking by means of a riot of  any  
another  person from the lawful custody of  any
  a  peace officer is  a lynching.
  guilty of a felony, punishable by imprisonment
pursuant to subdivision (h) of Section 1170 for two, three, or four
years. 
   SEC. 2.    Section 405b of the   Penal Code
  is repealed.  
   405b.  Every person who participates in any lynching is punishable
by imprisonment pursuant to subdivision (h) of Section 1170 for two,
three or four years.  
  SECTION 1.    Section 832.5 of the Penal Code is
amended to read:
   832.5.  (a) (1) A department or agency in this state that employs
peace officers shall establish a procedure to investigate complaints
by members of the public against the personnel of those departments
or agencies, and shall make a written description of the procedure
available to the public.
   (2) A department or agency that employs custodial officers, as
defined in Section 831.5, may establish a procedure to investigate
complaints by members of the public against those custodial officers
employed by these departments or agencies, provided however, that any
procedure so established shall comply with the provisions of this
section and with the provisions of Section 832.7.
   (b) Complaints and any reports or findings relating to these
complaints shall be retained for a period of at least five years. All
complaints retained pursuant to this subdivision may be maintained
either in the peace officer's or custodial officer's general
personnel file or in a separate file designated by the department or
agency as provided by department or agency policy, in accordance with
all applicable requirements of law. However, prior to any official
determination regarding promotion, transfer, or disciplinary action
by an officer's employing department or agency, the complaints
described by subdivision (c) shall be removed from the officer's
general personnel file and placed in separate file designated by the
department or agency, in accordance with all applicable requirements
of law.
   (c) Complaints by members of the public that are determined by the
peace officer's or custodial officer's employing agency to be
frivolous, as defined in Section 128.5 of the Code of Civil
Procedure, or unfounded or exonerated, or any portion of a complaint
that is determined to be frivolous, unfounded, or exonerated, shall
not be maintained in that officer's general personnel file. However,
these complaints shall be retained in other, separate files that
shall be deemed personnel records for purposes of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and Section 1043 of the
Evidence Code.
   (1) Management of the peace officer's or custodial officer's
employing agency shall have access to the files described in this
subdivision.
   (2) Management of the peace officer's or custodial officer's
employing agency shall not use the complaints contained in these
separate files for punitive or promotional purposes except as
permitted by subdivision (f) of Section 3304 of the Government Code.
   (3) Management of the peace officer's or custodial officer's
employing agency may identify any officer who is subject to the
complaints maintained in these files which require counseling or
additional training. However, if a complaint is removed from the
officer's personnel file, any reference in the personnel file to the
complaint or to a separate file shall be deleted.
   (d) As used in this section, the following definitions apply:
   (1) "General personnel file" means the file maintained by the
agency containing the primary records specific to each peace officer'
s or custodial officer's employment, including evaluations,
assignments, status changes, and imposed discipline.
   (2) "Unfounded" means that the investigation clearly established
that the allegation is not true.
   (3) "Exonerated" means that the investigation clearly established
that the actions of the peace officer or custodial officer that
formed the basis for the complaint are not violations of law or
department policy.