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SB-345 Law enforcement agencies: regulations.(2017-2018)

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Date Published: 03/31/2017 04:00 AM
SB345:v98#DOCUMENT

Amended  IN  Senate  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 345


Introduced by Senator Bradford

February 14, 2017


An act to add Section 6256 to the Government Code, relating to public records. Title 4.7 (commencing with Section 13650) to Part 4 of the Penal Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


SB 345, as amended, Bradford. Public records: disclosure on Internet Web sites. Law enforcement agencies: regulations.
Existing law establishes within the Department of Justice the Commission on Peace Officer Standards and Training and requires the commission to adopt rules establishing minimum standards regarding the recruitment and training of peace officers.
Existing law, the California Public Records Act, generally requires each state and local agency to make its public records available for inspection by a member of the public, unless the public record is specifically exempted from disclosure. The act further requires every state and local agency to duplicate disclosable public records, either on paper or in an electronic format, if so requested by a member of the public and he or she has paid certain costs of the duplication. The act specifically requires the California Environmental Protection Agency and certain entities within that agency to post its final enforcement orders on its Internet Web sites, if the final enforcement order is a public record that is not exempt from disclosure.
This bill would, commencing January 1, 2019, require the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency to conspicuously post on their Internet Web sites all of their current agency regulations that are not specifically exempted from disclosure pursuant to the California Public Records Act, and would require any changes to the regulations to be posted on the Internet Web site within 90 days after the changes become effective. The bill would define regulation for purposes of these provisions to mean material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, and education and training materials and manuals. By imposing this requirement on local law enforcement agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)The California Public Records Act generally requires every state and local agency to make its public records available for inspection by a member of the public, unless the public record is specifically exempted from disclosure. The act further requires every state and local agency to duplicate discloseable public records, either on paper or in an electronic format, if so requested by a member of the public and he or she has paid certain costs of the duplication. The act specifically requires the California Environmental Protection Agency and certain entities within that agency to post its final enforcement orders on its Internet Web sites, if the final enforcement order is a public record that is not exempt from disclosure.

This bill would require, on and after July 1, 2018, each state and local law enforcement agency to post on its Internet Web site, in a text searchable format, all of its manuals and policies not exempt from disclosure pursuant to the act.

(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Law enforcement agencies, including the Commission on Peace Officer Standards and Training and local law enforcement agencies, establish standards of physical, mental, and moral fitness for peace officers, develop and implement programs to increase the effectiveness of law enforcement by peace officers, and provide ongoing education and training for peace officers.
(b) Law enforcement agencies have numerous sets of regulations, including, but not limited to, educational materials, manuals, policies, practices, and procedures, that guide employees in their duties. Regulations should be based on best policing policies and practices, current legal standards, and community safety needs.
(c) Currently, across California and the country, many local law enforcement agencies conspicuously post their training, policies, practices, and operating procedures on their Internet Web sites.
(d) Making regulations of law enforcement agencies easily accessible to the public helps educate the public about law enforcement policies, practices, and procedures, increases communication and community trust, and enhances transparency, while saving costs and labor associated with responding to individual requests for this information.

SEC. 2.

 Title 4.7 (commencing with Section 13650) is added to Part 4 of the Penal Code, to read:

TITLE 4.7. Law Enforcement Agency Regulations

13650.
 (a) Commencing January 1, 2019, the Department of Alcoholic Beverage Control, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, the Department of Justice, including the Commission on Peace Officer Standards and Training, and each local law enforcement agency shall conspicuously post on their Internet Web site all of their current agency regulations that are not specifically exempt from disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(b) Any changes to the regulations shall be posted on the Internet Web sites within 90 days after the changes become effective.
(c) For purposes of this title, “regulation” means material used to develop and implement programs to increase the effectiveness of law enforcement by peace officers and to provide ongoing education and training for peace officers, and includes, but is not limited to, standards, policies, practices, operating procedures, education and training materials and manuals, agency general orders, employee disciplinary protocols, use of force guidelines and procedures, body camera policies, agency bulletins, and any other directives or rules of conduct.

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.
SECTION 1.Section 6256 is added to the Government Code, to read:
6256.

On and after July 1, 2018, each state and local law enforcement agency shall post on its Internet Web site, in a text searchable format, all of its manuals and policies that are not exempt from disclosure pursuant to this chapter.

SEC. 2.

The Legislature finds and declares that Section 1 of this act, which adds Section 6256 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

By requiring each local law enforcement agency to proactively disclose its manuals and policies on its Internet Web site, this act creates greater efficiency in public record disclosures and increases public access to public records, and thereby furthers the purposes of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.