Today's Law As Amended


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AB-1599 Peace officers: investigations of misconduct.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 832.75 is added to the Penal Code, immediately following Section 832.7, to read:

832.75.
 (a) Commencing January 1, 2021, if a law enforcement agency or oversight agency initiates an administrative investigation into an allegation of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer, or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury, the agency shall complete its investigation and reach a finding, either sustained, not sustained, exonerated, or unfounded, regardless of whether the officer voluntarily separates from the agency before the investigation is completed.
(b) Commencing January 1, 2021, if a law enforcement agency or oversight agency initiates an administrative investigation into an allegation of sexual assault as defined in this chapter, the agency shall complete its investigation and reach a finding, either sustained, not sustained, exonerated, or unfounded, regardless of whether the officer voluntarily separates from the agency before the investigation is completed.
(c)  Commencing January 1, 2021, if a law enforcement agency or oversight agency initiates an administrative investigation into an allegation of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence, the agency shall complete its investigation and reach a finding, either sustained, not sustained, exonerated, or unfounded, regardless of whether the officer voluntarily separates from the agency before the investigation is completed.
(d) If any agency other than an officer’s employing agency conducts an investigation into an alleged incident described in this section, that agency shall disclose its investigative findings with the employing agency no later than the conclusion of the investigation.

SEC. 2.

 Section 832.8 of the Penal Code is amended to read:

832.8.
 As used in Section 832.7,  Sections 832.7 and 832.75,  the following words or phrases have the following meanings:
(a) “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.
(b) “Not sustained” means an investigation failed to produce sufficient evidence to prove or disprove the allegations made in the complaint.
(a) (c)  “Personnel records” means any file maintained under that individual’s name by his or her  the individual’s  employing agency and containing records relating to any of the following:
(1) Personal data, including marital status, family members, educational and employment history, home addresses, or similar information.
(2) Medical history.
(3) Election of employee benefits.
(4) Employee advancement, appraisal, or discipline.
(5) Complaints, or investigations of complaints, concerning an event or transaction in which he or she  the individual  participated, or which he or she  the individual  perceived, and pertaining to the manner in which he or she performed his or her  the individual performed their  duties.
(6) Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy.
(b) (d)  “Sustained” means a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the actions of the peace officer or custodial officer were found to violate law or department policy.
(c) (e)  “Unfounded” means that an investigation clearly establishes that the allegation is not true.
SEC. 3.
 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.