Today's Law As Amended


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SB-1220 Peace and custodial officers. (2019-2020)



As Amends the Law Today


SECTION 1.

 Section 1045 of the Evidence Code is amended to read:

1045.
 (a) Nothing in this article shall be construed to affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those investigations, concerning an event or transaction in which the peace officer or custodial officer, as defined in Section 831.5 of the Penal Code, participated, or which he or she  the officer  perceived, and pertaining to the manner in which he or she performed his or her  the officer performed their  duties, provided that information is relevant to the subject matter involved in the pending litigation.
(b) In determining relevance, the court shall examine the information in chambers in conformity with Section 915, and shall exclude from disclosure:
(1) Information consisting of complaints concerning conduct occurring more than five years before the event or transaction that is the subject of the litigation in aid of which discovery or disclosure is sought. sought, unless the information is required to be disclosed pursuant to Brady v. Maryland (1963) 373 U.S. 83. 
(2) In any criminal proceeding proceeding,  the conclusions of any officer investigating a complaint filed pursuant to Section 832.5 of the Penal Code.
(3) Facts sought to be disclosed that are so remote as to make disclosure of little or no practical benefit.
(c) In determining relevance where the issue in litigation concerns the policies or pattern of conduct of the employing agency, the court shall consider whether the information sought may be obtained from other records maintained by the employing agency in the regular course of agency business which that  would not necessitate the disclosure of individual personnel records.
(d) Upon motion seasonably made by the governmental agency which has custody or control of the records to be examined or by the officer whose records are sought, and upon good cause showing the necessity thereof, the court may make any order which justice requires to protect the officer or agency from unnecessary annoyance, embarrassment or oppression.
(e) The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043, order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law. However, if the records are released to a prosecuting agency, the prosecuting agency may, with leave of a superior court judge, release the records in a subsequent criminal case when the officer to whom the records pertain will be testifying in order to comply with the requirements of Brady v. Maryland (1963) 373 U.S. 83. 

SEC. 1.5.

 Section 1045 of the Evidence Code is amended to read:

1045.
 (a) Nothing in this article shall be construed to  This article does not  affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those investigations, concerning an event or transaction in which the peace officer or custodial officer, as defined in Section 831.5 of the Penal Code, participated, or which he or she  the officer  perceived, and pertaining to the manner in which he or she performed his or her  the officer performed their  duties, provided that information is relevant to the subject matter involved in the pending litigation.
(b) In determining relevance, the court shall examine the information in chambers in conformity with Section 915, and shall exclude from disclosure: disclosure of both of the following: 
(1) Information consisting of complaints concerning conduct occurring more than five years before the event or transaction that is the subject of the litigation in aid of which discovery or disclosure is sought.
(2) (1)  In any criminal proceeding proceeding,  the conclusions of any officer investigating a complaint filed pursuant to Section 832.5 of the Penal Code.
(3) (2)  Facts sought to be disclosed that are so remote as to make disclosure of little or no practical benefit.
(c) In determining relevance where the issue in litigation concerns the policies or pattern of conduct of the employing agency, the court shall consider whether the information sought may be obtained from other records maintained by the employing agency in the regular course of agency business which that  would not necessitate the disclosure of individual personnel records.
(d) Upon motion seasonably made by the governmental agency which has custody or control of the records to be examined or by the officer whose records are sought, and upon good cause showing the necessity thereof, the court may make any order which justice requires to protect the officer or agency from unnecessary annoyance, embarrassment or oppression.
(e) The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043, order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law. However, if the records are released to a prosecuting agency, the prosecuting agency may, with leave of a superior court judge, release the records in a subsequent criminal case when the officer to whom the records pertain will be testifying in order to comply with the requirements of Brady v. Maryland (1963) 373 U.S. 83.  

SEC. 2.

 Section 832.11 is added to the Penal Code, to read:

832.11.
 (a) (1) A prosecuting agency shall maintain a Brady list, as defined in Section 3305.5 of the Government Code.
(2) Notwithstanding subdivision (a) of Section 832.7, subdivision (f) of Section 6254 of the Government Code, or any other law, any state or local law enforcement agency maintaining personnel records of peace officers and custodial officers shall, annually on and after January 1, 2022, to each city, county, or state prosecuting agency within its jurisdiction, and upon request at any time to any city, county, or state prosecuting agency, provide a list of the names and badge numbers of officers employed by the agency in the five years prior to providing the list who have had sustained findings for conduct described in subparagraphs (B) and (C) of paragraph (1) of subdivision (b) of Section 832.7, who have had sustained findings for conduct of moral turpitude or group bias, who have been convicted of a crime of moral turpitude, who are facing currently pending criminal charges, or who are on probation for a criminal offense. For purposes of this paragraph, conduct and crimes of “moral turpitude” means conduct or crimes found to be conduct or crimes of moral turpitude in published appellate court decisions.
(3) A prosecuting agency given a list pursuant to paragraph (2) shall keep that list confidential. However, the prosecuting agency may provide the name and badge number of an officer, along with notification that the officer is an officer on the list provided pursuant to paragraph (2), to an attorney of record in order to comply with the requirements of Brady v. Maryland (1963) 373 U.S. 83 or with the agency’s statutory criminal discovery obligations.
(4) The notification described in paragraphs (2) and (3) may be used by either a prosecuting attorney or a criminal defense attorney to establish good cause for in camera review by a court under Sections 1043 and 1045 of the Evidence Code.
(5) Before placing a peace officer’s name on a Brady list, as defined in Section 3305.5 of the Government Code, a prosecuting agency shall notify the officer and provide the officer an opportunity to present information to the prosecuting agency against the officer’s placement on the list. If that prior notice cannot be provided consistently with the prosecutor’s discovery obligations, the prosecuting agency shall comply with its discovery obligations, notify the officer as soon as practicable, and provide the officer an opportunity to present information to the prosecuting agency favoring the officer’s removal from the list. The decision to place or retain a peace officer’s name on a Brady list shall be within the sound discretion of the prosecuting agency. This paragraph does not create a right to judicial or administrative review of the prosecuting agency’s decision to place or retain a peace officer’s name on a Brady list.
(b) This section does not limit the discovery obligations of law enforcement or prosecutors under any other law.
SEC. 3.
 Section 1.5 of this bill incorporates amendments to Section 1045 of the Evidence Code proposed by both this bill and SB 776. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2021, (2) each bill amends Section 1045 of the Evidence Code, and (3) this bill is enacted after SB 776, in which case Section 1 of this bill shall not become operative.
SEC. 4.
 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.