BILL NUMBER: AB 2559	CHAPTERED  09/30/00

	CHAPTER   971
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   MAY 25, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 2000

INTRODUCED BY   Assembly Member Cardoza

                        FEBRUARY 24, 2000

   An act to amend Section 832.7 of the Penal Code, relating to
personnel records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2559, Cardoza.  Personnel records:  peace officers.
   Under existing law, peace officer personnel records and other
specified records, or information from those records, are
confidential and may not be disclosed in a criminal or civil
proceeding except by discovery pursuant to specified provisions of
law.
   This bill would make the above prohibition against disclosure of
peace officer personnel records and information from those records
except as specified, applicable to the department or agency that
employs the peace officer.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 832.7 of the Penal Code is amended to read:
   832.7.  (a) Peace officer personnel records and records maintained
by any state or local agency pursuant to Section 832.5, or
information obtained from these records, are confidential and shall
not be disclosed by the department or agency that employs the peace
officer in any criminal or civil proceeding except by discovery
pursuant to Sections 1043 and 1046 of the Evidence Code.  This
section shall not apply to investigations or proceedings concerning
the conduct of police officers or a police agency conducted by a
grand jury, a district attorney's office, or the Attorney General's
office.
   (b) Notwithstanding subdivision (a), a department or agency shall
release to the complaining party a copy of his or her own statements
at the time the complaint is filed.
   (c) Notwithstanding subdivision (a), a department or agency which
employs peace officers may disseminate data regarding the number,
type, or disposition of complaints (sustained, not sustained,
exonerated, or unfounded) made against its officers if that
information is in a form which does not identify the individuals
involved.
   (d) Notwithstanding subdivision (a), a department or agency which
employs peace officers may release factual information concerning a
disciplinary investigation if the peace officer who is the subject of
the disciplinary investigation, or the peace officer's agent or
representative, publicly makes a statement he or she knows to be
false concerning the investigation or the imposition of disciplinary
action.  Information may not be disclosed by the peace officer's
employer unless the false statement was published by an established
medium of communication, such as television, radio, or a newspaper.
Disclosure of factual information by the employing agency pursuant to
this subdivision is limited to facts contained in the peace officer'
s personnel file concerning the disciplinary investigation or
imposition of disciplinary action that specifically refute the false
statements made public by the peace officer or his or her agent or
representative.
   (e) The department or agency shall provide written notification to
the complaining party of the disposition of the complaint within 30
days of the disposition.
   The notification described in this subdivision shall not be
conclusive or binding or admissible as evidence in any separate or
subsequent action or proceeding brought before an arbitrator, court,
or judge of this state or the United States.
   (f) Nothing in this section shall affect the discovery or
disclosure of information contained in a peace officer's personnel
file pursuant to Section 1043 of the Evidence Code.