Today's Law As Amended


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AB-1299 Peace officers: employment.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 13510.8 is added to the Penal Code, to read:

13510.8.
 (a) Every law enforcement agency, including any police department, sheriffs department, or other entity that employs any peace officer, shall notify the commission within 10 days, in a form approved by the commission, after a peace officer employed by that agency separates from employment, including, without limitation, any termination, resignation, or retirement.
(b) The notification described in subdivision (a) shall include a factual summary of the circumstances of any termination or any resignation in lieu of termination.
(c) If a peace officer resigns or retires with a pending complaint, charge, or investigation of a serious nature, the employing agency shall do all of the following:
(1) Specify in the notification to the commission that the officer has resigned or retired with a pending complaint, charge, or investigation.
(2) Specify in the notification the specific nature of the complaint, charge, or investigation, including a brief summary of allegations.
(3) Complete the investigation in a thorough and unbiased manner.
(4) Upon completion of the investigation, report to the commission on whether the charges were sustained, not sustained, or unfounded.
(5) In the event of a sustained complaint, include a summary of facts.
(d) For the purposes of subdivision (c), a complaint, charge, or investigation of a serious nature means one that would likely result in the termination, demotion, or suspension of the officer for 30 days or more, if the charges were sustained and the officer had still been employed by the agency.
(e) (1) The commission shall include the information reported pursuant to this section in an officer’s profile, in a form determined by the commission, and in a manner that may be accessed by the subject of the profile, by any employing law enforcement agency of the subject of the profile, and by any law enforcement agency that is performing a preemployment background investigation of the subject of the profile.
(2) If an agency reports to the commission pursuant to paragraph (4) of subdivision (c) that an investigation resulted in a finding that a charge is not sustained or unfounded, the commission shall remove any reference to the charge, complaint, or investigation from the person’s profile.
(f) The commission may adopt regulations to carry out this section.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.