832.7.
(a) Except as set forth in subdivision (c), peace officer or custodial 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.(b) (1) This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, the Attorney
General’s office, civilian review agencies, inspectors general, personnel boards, police commissions, civil service commissions, city councils, boards of supervisors, or any entities empowered to investigate peace officer misconduct on behalf of an agency, conduct audits of peace officer discipline on behalf of an agency, adjudicate complaints against peace officers or custodial officers, hear administrative appeals pursuant to Section 3304.5 of the Government Code, or set policies or funding for the law enforcement agency.
(2) An entity allowed access to the personnel and complaint records of peace officers or custodial officers under this subdivision shall comply with the confidentiality provisions of this section.
(c) (1) Notwithstanding any other law,
all of the following peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5 shall be available for public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code):
(A) A record related to the investigation or assessment of any use of force by a peace officer that is likely to or does cause death or serious bodily injury, including including, but not limited to, the discharge of a firearm, use of an electronic control weapon or conducted energy device, and any strike with an impact weapon to a person’s head.
(B) A record related to any finding by a law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault, an excessive use of force, an unjustified search, detention or arrest, racial or identity profiling, as defined in subdivision (e) of Section 13519.4, discrimination or unequal treatment on the basis of race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability, or any other violation of the legal rights of a member of the public.
(C) A record related to any finding by a law enforcement agency of job-related dishonesty by a peace officer or custodial officer, including, but not limited to, perjury, false statements, filing false reports, or destruction or
concealment of evidence.
(2) Records that shall be released pursuant to this subdivision include, but are not limited to, the framing allegation or complaint, the agency’s full investigation file, any evidence gathered, and any findings or recommended findings, discipline, or corrective action taken.
(3) A record disclosed pursuant to this section shall be redacted only to remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace officers and custodial officers, to preserve the anonymity of complainants and witnesses, or to protect confidential medical, financial, or other information
in which disclosure would cause an unwarranted invasion of personal privacy that clearly outweighs the strong
public interest in records about misconduct by peace officers and custodial officers, or where there is a specific, particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or others.
(4) An agency may withhold a record that is disclosable pursuant to paragraph (1) during an investigation into the use of force until the peace officer’s employing agency determines whether the use of force violated a law or agency policy or until the district attorney with jurisdiction over the use of force determines whether to file criminal charges for the use of force, whichever is later, but shall not withhold a record that is disclosable pursuant to paragraph (1) for longer than 180 days from the date of the use of force.
(d) Notwithstanding subdivisions (a) and (c), 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.
(e) Notwithstanding subdivisions (a) and (c), a department or agency that employs peace officers or custodial 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.
(f) Notwithstanding subdivisions (a) and (c), a department or agency that employs peace officers or custodial officers may release factual information concerning a disciplinary investigation
if the officer who is the subject of the disciplinary investigation, or the 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 or custodial 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 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 custodial officer or his or her agent or representative.
(g) (1) 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 shall include, at a minimum, the charges framed in response to the complaint, the agency’s disposition with respect to each of those charges, any factual findings on which the agency based its dispositions, and any discipline imposed or corrective action taken.
(2) 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.
(h) This section does not affect the discovery or disclosure of information contained in a peace officer’s or
custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code.