Bill Text


Bill PDF |Add To My Favorites | print page

AB-2923 Peace officers: public complaints.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 04/17/2024 09:00 PM
AB2923:v98#DOCUMENT

Amended  IN  Assembly  April 17, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2923

Introduced by Assembly Member Jones-Sawyer

February 15, 2024

An act to amend Sections 148.6 and 832.5 of the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 2923, as amended, Jones-Sawyer. Peace officers: public complaints.
Existing law requires each department or agency that employs peace officer to establish a procedure to investigate complaints by members of the public against the personnel of the department or agency.
This bill would require a form used during the complaint process to include a provision inquiring whether the complaint includes an allegation of racial or identify profiling and a space to describe the allegation. The bill would define “complaint” for these purposes to mean a report, given either in writing or verbally, that brings to the attention of a department or agency an incident during which the complainant perceives that a department or agency employee engaged in misconduct, as specified.
The bill would require a department or agency to develop a process whereby a member of the public may submit a concern that a policy of the department could result in harm to an individual, as specified, and if the department or agency discovers conduct that could be a basis for a complaint, to report the conduct to a supervisor, as specified. By increasing duties on local law enforcement entities, this bill would impose a state-mandated local program.
Existing law makes it a misdemeanor for a person to file an allegation of misconduct against a peace officer knowing the allegation to be false. Existing law requires a law enforcement agency accepting an allegation of misconduct against a peace officer to require the complainant to read and sign a prescribed advisory.
This bill would instead make it a misdemeanor to file an allegation if the person knowingly and intentionally makes a false statement that is material and is made with the intent that the false statement will be used as a basis to punish a peace officer, and would exempt statements that are in dispute from prosecution. to the allegation of misconduct by the officer and is made in bad faith and with the intent that the false statement will be used as a wrongful basis to investigate a peace officer or to harass or otherwise harm the officer. The bill would make conforming changes in the prescribed advisory.
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 148.6 of the Penal Code is amended to read:

148.6.
 (a) (1) A person who files any allegation of misconduct against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who knowingly and intentionally makes a false statement that is material and is made with the intent that the false statement will be used as a basis to punish a peace to the allegation of misconduct by the officer and is made in bad faith and with the intent that the false statement will be used as a wrongful basis to investigate a peace officer or to harass or otherwise harm the officer, is guilty of a misdemeanor. Statements that are in dispute shall not be the basis for a prosecution.
(2) A law enforcement agency accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following advisory, all in boldface type:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CIVILIANS’ COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS SUFFICIENT EVIDENCE SUPPORTING THE COMPLAINT AND THE DEPARTMENT IS REQUIRED TO TAKE ACTION AND PROVIDE YOU NOTICE OF THEIR DECISION. IN THE EVENT THE INVESTIGATION DETERMINES THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. YOU WILL NOT BE PUNISHED OR PENALIZED FOR MAKING A COMPLAINT. CIVILIAN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS.
HOWEVER, IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT CONTAINS MATERIAL FALSE STATEMENTS MATERIAL TO THE ALLEGATION OF MISCONDUCT BY THE OFFICER IF YOU KNOW THE STATEMENTS TO BE FALSE AND INTENTIONALLY MAKE THE FALSE STATEMENTS WITH THE INTENT THAT THE STATEMENTS WILL BE USED TO IMPROPERLY TAKE ACTION AGAINST THE PEACE OFFICER. THIS DOES NOT INCLUDE A STATEMENT OF FACTS THAT YOU IN GOOD FAITH BELIEVE TO BE TRUE BUT ARE DISPUTED BY THE OFFICER. OFFICER OR TO HARASS OR OTHERWISE HARM THE OFFICER. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.
I have read and understood the above statement.
Complainant _____
(3) The advisory shall be available in multiple languages.
(b) Every person who files a civil claim against a peace officer or a lien against their property, knowing the claim or lien to be false and with the intent to harass or dissuade the officer from carrying out their official duties, is guilty of a misdemeanor. This section applies only to claims pertaining to actions that arise in the course and scope of the peace officer’s duties.

SEC. 2.

 Section 832.5 of the Penal Code is amended to read:

832.5.
 (a) (1) (A) Each department or agency in this state that employs peace officers shall establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public public, including, but not limited to, complaints described in Section 148.6. A form used during the complaint process to receive information shall include a provision inquiring whether the complaint includes an allegation of racial or identify identity profiling and a space to describe the allegation.
(B) Each department or agency shall develop a process whereby a member of the public may submit a concern about a specific policy, procedure, or practice of the department department, including, but not limited to, that the policy or procedure may violate a legal right of an individual, or may result in harm to an individual. If the department or agency investigating the policy or procedure discovers conduct that could be a basis for the complaint process in subparagraph (A), the investigator shall report this conduct to a supervisor, and the issue shall be tracked and separately investigated. Concerns submitted pursuant to this subdivision are not “complaints” for purposes of this section.
(2) Each department or agency that employs custodial officers, as defined in Section 831.5, may establish a procedure to investigate complaints by members of the public against those custodial officers employed by these departments or agencies, provided, however, that any procedure so established shall comply with the provisions of this section and with the provisions of Section 832.7.
(b) Complaints and any reports or findings relating to these complaints, including all complaints and any reports currently in the possession of the department or agency, shall be retained for a period of no less than 5 years for records where there was not a sustained finding of misconduct and for not less than 15 years where there was a sustained finding of misconduct. A record shall not be destroyed while a request related to that record is being processed or any process or litigation to determine whether the record is subject to release is ongoing. All complaints retained pursuant to this subdivision may be maintained either in the peace or custodial officer’s general personnel file or in a separate file designated by the department or agency as provided by department or agency policy, in accordance with all applicable requirements of law. However, prior to any official determination regarding promotion, transfer, or disciplinary action by an officer’s employing department or agency, the complaints described by subdivision (c) shall be removed from the officer’s general personnel file and placed in a separate file designated by the department or agency, in accordance with all applicable requirements of law.
(c) Complaints by members of the public that are determined by the peace or custodial officer’s employing agency to be frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or unfounded or exonerated, or any portion of a complaint that is determined to be frivolous, unfounded, or exonerated, shall not be maintained in that officer’s general personnel file. However, these complaints shall be retained in other, separate files that shall be deemed personnel records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and Section 1043 of the Evidence Code.
(1) Management of the peace or custodial officer’s employing agency shall have access to the files described in this subdivision.
(2) Management of the peace or custodial officer’s employing agency shall not use the complaints contained in these separate files for punitive or promotional purposes except as permitted by subdivision (f) of Section 3304 of the Government Code.
(3) Management of the peace or custodial officer’s employing agency may identify any officer who is subject to the complaints maintained in these files which require counseling or additional training. However, if a complaint is removed from the officer’s personnel file, any reference in the personnel file to the complaint or to a separate file shall be deleted.
(d) As used in this section, the following definitions apply:
(1) “Complaint” means a report, given either in writing or verbally, that brings to the attention of a department or agency an incident during which the complainant perceives that a department or agency employee engaged in criminal conduct, abusive or discriminatory behavior, inappropriate or discourteous conduct, or a violation of any law, rule, policy, or regulation of the department or agency.
(2) “Exonerated” means that the investigation clearly established that the actions of the peace or custodial officer that formed the basis for the complaint are not violations of law or department policy.
(3) “General personnel file” means the file maintained by the agency containing the primary records specific to each peace or custodial officer’s employment, including evaluations, assignments, status changes, and imposed discipline.
(4) “Unfounded” means that the investigation clearly established that the allegation is not true.

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.