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AB-1298 Public safety officers: procedural rights.(2017-2018)

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Date Published: 04/26/2017 09:00 PM
AB1298:v96#DOCUMENT

Amended  IN  Assembly  April 26, 2017
Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 29, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1298


Introduced by Assembly Member Santiago
(Coauthor: Assembly Member Lackey)

February 17, 2017


An act to add Sections Section 3303.5 and 3303.6 to the Government Code, relating to public safety officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1298, as amended, Santiago. Public safety officers: procedural rights.
The Public Safety Officers Procedural Bill of Rights Act requires that certain conditions be met when any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action. Existing law also governs the admissibility of testimony and evidence in these actions.
This bill would require, when any public safety officer is under investigation and subject to interrogation by his or her commanding officer, or any other member of the employing public safety department, on the allegation of making a false statement, that any administrative finding of the false statement shall require proof based on clear and convincing evidence. The bill would specify that this provision would apply only to allegations of false statements and would not apply to or affect any other allegation or charge against the public safety officer. The bill also would prohibit witness testimony regarding a disciplinary hearing against a public safety officer from being received by telephone or any other electronic means. The bill would specify that this provision would apply only to disciplinary hearings and would not apply to or affect the complaint intake process or any phase of the investigation of the complaint by the concerned agency.
By imposing these new evidentiary procedure requirements upon local government employers, the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 3303.5 is added to the Government Code, to read:

3303.5.
 (a) When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, on the allegation of making a false statement, an administrative finding of a false statement by that public safety officer shall require proof based on clear and convincing evidence.
(b) This section shall apply only to allegations of false statements and shall not apply to or affect any other allegation or charge against the public safety officer.

SEC. 2.Section 3303.6 is added to the Government Code, to read:
3303.6.

(a)No witness testimony regarding a disciplinary hearing pursuant to this chapter shall be received by telephone or any other electronic means.

(b)This section shall apply only to disciplinary hearings and shall not apply to or affect the complaint intake process or any phase of the investigation of the complaint by the concerned agency.

SEC. 3.SEC. 2.

 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.