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AB-2176 Peace officers: disciplinary investigation.(1995-1996)

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Assembly Bill No. 2176
CHAPTER 220

An act to amend Section 832.7 of the Penal Code, relating to peace officers.

[ Filed with Secretary of State  July 22, 1996. Approved by Governor  July 20, 1996. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2176, Miller. Peace officers: disciplinary investigation.
Existing law provides that peace officer personnel records, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery.
This bill would provide that, notwithstanding the above, 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.

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 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.