Exhibit A - SB 2 Bill Language, Analysis, and Fact Sheet - City of Palo Alto
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Exhibit A SB 2 Bill Language, Analysis, and Fact Sheet
AMENDED IN SENATE MAY 20, 2021
AMENDED IN SENATE APRIL 29, 2021
AMENDED IN SENATE MARCH 11, 2021
SENATE BILL No. 2
Introduced by Senators Bradford and Atkins
(Principal coauthors: Senators Kamlager and Wiener)
(Principal coauthors: Assembly Members Bonta, Cristina Garcia, Kalra,
McCarty, and Quirk)
(Coauthor: Senator Durazo)
(Coauthors: Assembly Members Chiu, Holden, Stone, and Ting)
December 7, 2020
An act to amend Section 52.1 of the Civil Code, to amend Section
1029 of the Government Code, and to amend Sections 832.7, 13503,
13506, 13510, 13510.1, and 13512 of, to amend the heading of Article
2 (commencing with Section 13510) of Chapter 1 of Title 4 of Part 4
of, and to add Sections 13509.5, 13509.6, 13510.15, 13510.8, 13510.85,
and 13510.9 to, the Penal Code, relating to public employment, and
making an appropriation therefor.
legislative counsel’s digest
SB 2, as amended, Bradford. Peace officers: certification: civil rights.
(1) Under existing law, the Tom Bane Civil Rights Act, if a person
or persons, whether or not acting under color of law, interferes or
attempts to interfere, by threats, intimidation, or coercion, with the
exercise or enjoyment by any individual or individuals of rights secured
by the Constitution or laws of the United States, or of the rights secured
by the Constitution or laws of this state, the Attorney General, or any
district attorney or city attorney, is authorized to bring a civil action for
96SB 2 —2—
injunctive and other appropriate equitable relief in the name of the
people of the State of California, in order to protect the exercise or
enjoyment of the right or rights secured. Existing law also authorizes
an action brought by the Attorney General, or any district attorney or
city attorney, to seek a civil penalty of $25,000. Existing law also allows
an individual whose exercise or enjoyment of rights has been interfered
with to prosecute a civil action for damages on their own behalf.
This bill would provide that a threat, intimidation, or coercion under
the act may be inherent in any interference with a civil right and would
describe intentional acts for these purposes as an act in which the person
acted with general intent or a conscious objective to engage in particular
conduct.
The bill would eliminate certain immunity provisions for peace
officers and custodial officers, or public entities employing peace
officers or custodial officers sued under the act. The bill would also
authorize authorize, in certain circumstances, specified persons to bring
an action under the act for the death of a person.
(2) Existing laws defines persons who are peace officers and the
entities authorized to appoint them. Existing law requires certain
minimum training requirements for peace officers including the
completion of a basic training course, as specified. Existing law
prescribes certain minimum standards for a person to be appointed as
a peace officer, including moral character and physical and mental
condition, and certain disqualifying factors for a person to be employed
as a peace officer, including a felony conviction.
This bill would disqualify a person from being employed as a peace
officer if that person has been convicted of, or has been adjudicated in
an administrative, military, or civil judicial process as having committed,
a violation of certain specified crimes against public justice, including
the falsification of records, bribery, or perjury. The bill would also
disqualify any person who has been certified as a peace officer by the
Commission on Peace Officer Standards and Training and has
surrendered that certification or had that certification revoked by the
commission, or has been denied certification. The bill would disqualify
any person previously employed in law enforcement in any state or
United States territory or by the federal government, whose name is
listed in the national decertification index or who engaged in serious
misconduct that would have resulted in their certification being revoked
in this state. The bill would require a law enforcement agency employing
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certain peace officers to employ only individuals with a current, valid
certification or pending certification.
(3) Existing law establishes the Commission on Peace Officer
Standards and Training to set minimum standards for the recruitment
and training of peace officers and to develop training courses and
curriculum. Existing law authorizes the commission to establish a
professional certificate program that awards basic, intermediate,
advanced, supervisory, management, and executive certificates on the
basis of a combination of training, education, experience, and other
prerequisites, for the purpose of fostering the professionalization,
education, and experience necessary to adequately accomplish the
general police service duties performed by peace officers. Existing law
authorizes the commission to cancel a certificate that was awarded in
error or obtained through misrepresentation or fraud, but otherwise
prohibits the commission from canceling a certificate that has properly
been issued.
This bill would grant the commission the power to investigate and
determine the fitness of any person to serve as a peace officer in the
state. The bill would direct the commission to issue or deny certification,
which includes a basic certificate or proof of eligibility, to a peace
officer in accordance with specified criteria. The bill would require the
commission to issue a proof of eligibility or basic certificate, as
specified, to certain persons employed as a peace officer on January 1,
2022, who do not otherwise possess a certificate. The bill would require
a proof of eligibility or basic certificate to be renewed at least every 2
years and would require the commission to assess a fee for the
application and renewal of the certificate or proof of eligibility, as well
as an annual certification fee. The bill would require the fees to be
deposited into the Peace Officer Certification Fund, created by the bill,
and would continuously appropriate those funds to the commission for
the administration of the certification program, as specified, thereby
making an appropriation. The bill would declare certificates or proof
of eligibility awarded by the commission to be property of the
commission and would authorize the commission to revoke a proof of
eligibility or certificate on specified grounds, including the use of
excessive force, sexual assault, making a false arrest, or participating
in a law enforcement gang, as defined.
The bill would create the Peace Officer Standards Accountability
Division within the commission to investigate and prosecute proceedings
to take action against a peace officer’s certification. The bill would
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require the division to review and investigate grounds for decertification
and make findings as to whether grounds for action against an officer’s
certification exist. The bill would require the division to notify the
officer subject to decertification of their findings and allow the officer
to request review. The bill would also create the Peace Officer Standards
Accountability Advisory Board with 9 members to be appointed as
specified. The bill would require the board to hold public meetings to
review the findings after an investigation made by the division and to
make a recommendation to the commission. The bill would require the
commission to adopt the recommendation of the board if supported by
clear and convincing evidence and, if action is to be taken against an
officer's certification, return the determination to the division to
commence formal proceedings consistent with the Administrative
Procedure Act. The bill would require the commission to notify the
employing agency and the district attorney of the county in which the
officer is employed of this determination, as specified.
The bill would make all records related to the revocation of a peace
officer’s certification public and would require that records of an
investigation be retained for 30 years.
The bill would require an agency employing peace officers to report
to the commission the employment, appointment, or separation from
employment of a peace officer, any complaint, charge, allegation, or
investigation into the conduct of a peace officer that could render the
officer subject to revocation, findings by civil oversight entities, and
civil judgements that could affect the officer’s certification.
In case of a separation from employment or appointment, the bill
would require each agency to execute an affidavit-of-separation form
adopted by the commission describing the reason for separation. The
bill would require the affidavit to be signed under penalty of perjury.
By creating a new crime, this bill would impose a state-mandated local
program.
The bill would require the board to report annually on the activities
of the division, board, and commission, relating to the certification
program, including the number of applications for certification, the
events reported, the number of investigations conducted, and the number
of certificates surrendered or revoked.
By imposing new requirements on local agencies, this bill would
impose a state-mandated local program.
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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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs
so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known as the Kenneth Ross Jr.
line 2 Police Decertification Act of 2021.
line 3 SEC. 2. The Legislature finds and declares all of the following:
line 4 (a) As the Legislature and courts of this state have repeatedly
line 5 recognized, police officers, sheriffs’ deputies, and other peace
line 6 officers hold extraordinary powers to detain, to search, to arrest,
line 7 and to use force, including deadly force. The state has a
line 8 correspondingly strong interest in ensuring that peace officers do
line 9 not abuse their authority, including by ensuring that individual
line 10 peace officers who abuse their authority are held accountable.
line 11 (b) California is one of the last few states that does not have a
line 12 process for revoking peace officer certificates as a result of
line 13 misconduct. Nationwide, 45 states have the authority to decertify
line 14 peace officers. Four states do not have decertification authority:
line 15 California, Hawaii, New Jersey, and Rhode Island.
line 16 (c) In 2017, 172 Californians were killed by the police, and our
line 17 state’s police departments have some of the highest rates of killings
line 18 in the nation. Of the unarmed people California police killed, three
line 19 out of four were people of color. Black and Latino families and
line 20 communities of color are disproportionately vulnerable to police
line 21 violence, creating generations of individual and community trauma.
line 22 (d) More than 200 professions and trades, including doctors,
line 23 lawyers, and contractors are licensed or certified by the State of
line 24 California, in order to maintain professional standards and to
line 25 protect the public. Law enforcement officers are entrusted with
line 26 extraordinary powers including the power to carry a firearm, to
96SB 2 —6—
line 1 stop and search, to arrest, and to use force. They must be held to
line 2 the highest standards of accountability, and the state should ensure
line 3 that officers who abuse their authority by committing serious or
line 4 repeated misconduct, or otherwise demonstrate a lack of fitness
line 5 to serve as peace officers, are removed from the streets.
line 6 (e) To ensure public trust that the system for decertification will
line 7 hold peace officers accountable for misconduct and that
line 8 California’s standards for law enforcement reflect community
line 9 values, it is the intent of the Legislature that the entities charged
line 10 with investigating and rendering decisions on decertification shall
line 11 be under independent civilian control and maintain independence
line 12 from law enforcement.
line 13 (f) Civil courts provide a vital avenue for individuals harmed
line 14 by violations of the law by peace officers to find redress and
line 15 accountability. But the judicially created doctrine of qualified
line 16 immunity in federal courts, and broad interpretations of California
line 17 law immunities and restrictive views on the cause of action under
line 18 the Tom Bane Civil Rights Act, too often lead to officers escaping
line 19 accountability in civil courts, even when they have broken the law
line 20 or violated the rights of members of the public. The civil court
line 21 process should ensure that peace officers are treated fairly, but that
line 22 they can be held accountable for violations of the law that harm
line 23 others, especially the use of excessive force.
line 24 SEC. 3. Section 52.1 of the Civil Code is amended to read:
line 25 52.1. (a) This section shall be known, and may be cited, as the
line 26 Tom Bane Civil Rights Act.
line 27 (b) (1) If a person or persons, whether or not acting under color
line 28 of law, interferes by threat, intimidation, or coercion, or attempts
line 29 to interfere by threat, intimidation, or coercion, with the exercise
line 30 or enjoyment by any individual or individuals of rights secured by
line 31 the Constitution or laws of the United States, or of the rights
line 32 secured by the Constitution or laws of this state, the Attorney
line 33 General, or any district attorney or city attorney may bring a civil
line 34 action for injunctive and other appropriate equitable relief in the
line 35 name of the people of the State of California, in order to protect
line 36 the peaceable exercise or enjoyment of the right or rights secured.
line 37 An action brought by the Attorney General, any district attorney,
line 38 or any city attorney may also seek a civil penalty of twenty-five
line 39 thousand dollars ($25,000). If this civil penalty is requested, it
line 40 shall be assessed individually against each person who is
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line 1 determined to have violated this section and the penalty shall be
line 2 awarded to each individual whose rights under this section are
line 3 determined to have been violated.
line 4 (2) The threat, intimidation, or coercion required under this
line 5 section need not be separate or independent from, and may be
line 6 inherent in, any interference or attempted interference with a right.
line 7 A person bringing suit under this section need not prove that a
line 8 person being sued under this section had specific intent to interfere
line 9 or attempt to interfere with a right secured by the Constitution or
line 10 law. For any person, public entity, or private entity sued under this
line 11 section, intentional conduct to interfere or attempt to interfere with
line 12 a constitutional right or right granted by law or deliberate
line 13 indifference or reckless disregard for a constitutional right or right
line 14 granted by law that interferes or attempts to interfere with that
line 15 right, is sufficient to prove a violation of this section by threat,
line 16 intimidation, or coercion. For purposes of this section, a person
line 17 acts “intentionally” when the person acts with general intent or a
line 18 conscious objective to engage in particular conduct.
line 19 (c) (1) Any individual whose exercise or enjoyment of rights
line 20 secured by the Constitution or laws of the United States, or of
line 21 rights secured by the Constitution or laws of this state, has been
line 22 interfered with, or attempted to be interfered with, as described in
line 23 subdivision (b), may institute and prosecute in their own name and
line 24 on their own behalf a civil action for damages, including, but not
line 25 limited to, damages under Section 52, injunctive relief, and other
line 26 appropriate equitable relief to protect the peaceable exercise or
line 27 enjoyment of the right or rights secured, including appropriate
line 28 equitable and declaratory relief to eliminate a pattern or practice
line 29 of conduct as described in subdivision (b).
line 30 (2) A cause of action under this section for the death of a person
line 31 may be asserted by any person described in Section 377.60 of the
line 32 Code of Civil Procedure. A person may only bring a cause of action
line 33 under this paragraph if the conduct on which the claim is based
line 34 constitutes a crime of violence or a crime of moral turpitude.
line 35 (d) An action brought pursuant to subdivision (b) or (c) may be
line 36 filed either in the superior court for the county in which the conduct
line 37 complained of occurred or in the superior court for the county in
line 38 which a person whose conduct complained of resides or has their
line 39 place of business. An action brought by the Attorney General
line 40 pursuant to subdivision (b) also may be filed in the superior court
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line 1 for any county wherein the Attorney General has an office, and in
line 2 that case, the jurisdiction of the court shall extend throughout the
line 3 state.
line 4 (e) If a court issues a temporary restraining order or a
line 5 preliminary or permanent injunction in an action brought pursuant
line 6 to subdivision (b) or (c), ordering a defendant to refrain from
line 7 conduct or activities, the order issued shall include the following
line 8 statement: VIOLATION OF THIS ORDER IS A CRIME
line 9 PUNISHABLE UNDER SECTION 422.77 OF THE PENAL
line 10 CODE.
line 11 (f) The court shall order the plaintiff or the attorney for the
line 12 plaintiff to deliver, or the clerk of the court to mail, two copies of
line 13 any order, extension, modification, or termination thereof granted
line 14 pursuant to this section, by the close of the business day on which
line 15 the order, extension, modification, or termination was granted, to
line 16 each local law enforcement agency having jurisdiction over the
line 17 residence of the plaintiff and any other locations where the court
line 18 determines that acts of violence against the plaintiff are likely to
line 19 occur. Those local law enforcement agencies shall be designated
line 20 by the plaintiff or the attorney for the plaintiff. Each appropriate
line 21 law enforcement agency receiving any order, extension, or
line 22 modification of any order issued pursuant to this section shall serve
line 23 forthwith one copy thereof upon the defendant. Each appropriate
line 24 law enforcement agency shall provide to any law enforcement
line 25 officer responding to the scene of reported violence, information
line 26 as to the existence of, terms, and current status of, any order issued
line 27 pursuant to this section.
line 28 (g) A court shall not have jurisdiction to issue an order or
line 29 injunction under this section, if that order or injunction would be
line 30 prohibited under Section 527.3 of the Code of Civil Procedure.
line 31 (h) An action brought pursuant to this section is independent of
line 32 any other action, remedy, or procedure that may be available to
line 33 an aggrieved individual under any other provision of law,
line 34 including, but not limited to, an action, remedy, or procedure
line 35 brought pursuant to Section 51.7.
line 36 (i) In addition to any damages, injunction, or other equitable
line 37 relief awarded in an action brought pursuant to subdivision (c),
line 38 the court may award the petitioner or plaintiff reasonable attorney’s
line 39 fees.
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line 1 (j) A violation of an order described in subdivision (e) may be
line 2 punished either by prosecution under Section 422.77 of the Penal
line 3 Code, or by a proceeding for contempt brought pursuant to Title
line 4 5 (commencing with Section 1209) of Part 3 of the Code of Civil
line 5 Procedure. However, in any proceeding pursuant to the Code of
line 6 Civil Procedure, if it is determined that the person proceeded
line 7 against is guilty of the contempt charged, in addition to any other
line 8 relief, a fine may be imposed not exceeding one thousand dollars
line 9 ($1,000), or the person may be ordered imprisoned in a county jail
line 10 not exceeding six months, or the court may order both the
line 11 imprisonment and fine.
line 12 (k) Speech alone is not sufficient to support an action brought
line 13 pursuant to subdivision (b) or (c), except upon a showing that the
line 14 speech itself threatens violence against a specific person or group
line 15 of persons; and the person or group of persons against whom the
line 16 threat is directed reasonably fears that, because of the speech,
line 17 violence will be committed against them or their property and that
line 18 the person threatening violence had the apparent ability to carry
line 19 out the threat.
line 20 (l) No order issued in any proceeding brought pursuant to
line 21 subdivision (b) or (c) shall restrict the content of any person’s
line 22 speech. An order restricting the time, place, or manner of any
line 23 person’s speech shall do so only to the extent reasonably necessary
line 24 to protect the peaceable exercise or enjoyment of constitutional or
line 25 statutory rights, consistent with the constitutional rights of the
line 26 person sought to be enjoined.
line 27 (m) The rights, penalties, remedies, forums, and procedures of
line 28 this section shall not be waived by contract except as provided in
line 29 Section 51.7.
line 30 (n) The state immunity provisions provided in Sections 821.6,
line 31 844.6, and 845.6 of the Government Code shall not apply to any
line 32 cause of action brought against any peace officer or custodial
line 33 officer, as those terms are defined in Chapter 4.5 (commencing
line 34 with Section 830) of Title 3 of Part 2 of the Penal Code, or directly
line 35 against a public entity that employs a peace officer or custodial
line 36 officer, under this section.
line 37 (o) Sections 825, 825.2, 825.4, and 825.6 of the Government
line 38 Code, providing for indemnification of an employee or former
line 39 employee of a public entity, shall apply to any cause of action
96SB 2 — 10 —
line 1 brought under this section against an employee or former employee
line 2 of a public entity.
line 3 SEC. 4. Section 1029 of the Government Code is amended to
line 4 read:
line 5 1029. (a) Except as provided in subdivision (b), (c), (d), or
line 6 (e), each of the following persons is disqualified from holding
line 7 office as a peace officer or being employed as a peace officer of
line 8 the state, county, city, city and county or other political subdivision,
line 9 whether with or without compensation, and is disqualified from
line 10 any office or employment by the state, county, city, city and county
line 11 or other political subdivision, whether with or without
line 12 compensation, which confers upon the holder or employee the
line 13 powers and duties of a peace officer:
line 14 (1) Any person who has been convicted of a felony.
line 15 (2) Any person who has been convicted of any offense in any
line 16 other jurisdiction which would have been a felony if committed
line 17 in this state.
line 18 (3) Any person who has been discharged from the military for
line 19 committing an offense, as adjudicated by a military tribunal, which
line 20 would have been a felony if committed in this state.
line 21 (4) Any person who, after January 1, 2004, has been convicted
line 22 of a crime based upon a verdict or finding of guilt of a felony by
line 23 the trier of fact, or upon the entry of a plea of guilty or nolo
line 24 contendere to a felony. This paragraph applies regardless of
line 25 whether, pursuant to subdivision (b) of Section 17 of the Penal
line 26 Code, the court declares the offense to be a misdemeanor or the
line 27 offense becomes a misdemeanor by operation of law.
line 28 (5) Any person who has been charged with a felony and
line 29 adjudged by a superior court to be mentally incompetent under
line 30 Chapter 6 (commencing with Section 1367) of Title 10 of Part 2
line 31 of the Penal Code.
line 32 (6) Any person who has been found not guilty by reason of
line 33 insanity of any felony.
line 34 (7) Any person who has been determined to be a mentally
line 35 disordered sex offender pursuant to Article 1 (commencing with
line 36 Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare
line 37 and Institutions Code.
line 38 (8) Any person adjudged addicted or in danger of becoming
line 39 addicted to narcotics, convicted, and committed to a state institution
line 40 as provided in Section 3051 of the Welfare and Institutions Code.
96— 11 — SB 2
line 1 (9) Any person who has been convicted of, or adjudicated
line 2 through an administrative, military, or civil judicial process,
line 3 including a hearing that meets the requirements of the
line 4 administrative adjudication provisions of the Administrative
line 5 Procedure Act (Chapter 3.5 (commencing with Section 11340) of
line 6 Part 1 of Division 3 of Title 2 of the Government Code), as having
line 7 committed, any act that is a violation of Section 115, 115.3, 116,
line 8 116.5, or 117 of, or of any offense described in Chapter 1
line 9 (commencing with Section 92), Chapter 5 (commencing with
line 10 Section 118), Chapter 6 (commencing with Section 132), or
line 11 Chapter 7 (commencing with Section 142) of Title 7 of Part 1 of
line 12 the Penal Code, including any act committed in another jurisdiction
line 13 that would have been a violation of any of those sections if
line 14 committed in this state.
line 15 (10) Any person who has been issued the certification described
line 16 in Section 13510.1 of the Penal Code, and has had that certification
line 17 revoked by the Commission on Peace Officer Standards and
line 18 Training, has voluntarily surrendered that certification pursuant
line 19 to subdivision (f) of Section 13510.8, or having met the minimum
line 20 requirement for issuance of certification, has been denied issuance
line 21 of certification.
line 22 (11) Any person previously employed in law enforcement in
line 23 any state or United States territory or by the federal government,
line 24 whose name is listed in the National Decertification Index of the
line 25 International Association of Directors of Law Enforcement
line 26 Standards and Training or whose certification as a law enforcement
line 27 officer in that jurisdiction was revoked for misconduct, or who,
line 28 while employed as a law enforcement officer, engaged in serious
line 29 misconduct that would have resulted in their certification being
line 30 revoked by the commission if employed as a peace officer in this
line 31 state.
line 32 (b) (1) A plea of guilty to a felony pursuant to a deferred entry
line 33 of judgment program as set forth in Sections 1000 to 1000.4,
line 34 inclusive, of the Penal Code shall not alone disqualify a person
line 35 from being a peace officer unless a judgment of guilty is entered
line 36 pursuant to Section 1000.3 of the Penal Code.
line 37 (2) A person who pleads guilty or nolo contendere to, or who
line 38 is found guilty by a trier of fact of, an alternate felony-misdemeanor
line 39 drug possession offense and successfully completes a program of
line 40 probation pursuant to Section 1210.1 of the Penal Code shall not
96SB 2 — 12 —
line 1 be disqualified from being a peace officer solely on the basis of
line 2 the plea or finding if the court deems the offense to be a
line 3 misdemeanor or reduces the offense to a misdemeanor.
line 4 (c) Any person who has been convicted of a felony, other than
line 5 a felony punishable by death, in this state or any other state, or
line 6 who has been convicted of any offense in any other state which
line 7 would have been a felony, other than a felony punishable by death,
line 8 if committed in this state, and who demonstrates the ability to
line 9 assist persons in programs of rehabilitation may hold office and
line 10 be employed as a parole officer of the Department of Corrections
line 11 and Rehabilitation or the Division of Juvenile Justice, or as a
line 12 probation officer in a county probation department, if the person
line 13 has been granted a full and unconditional pardon for the felony or
line 14 offense of which they were convicted. Notwithstanding any other
line 15 provision of law, the Department of Corrections and Rehabilitation
line 16 or the Division of Juvenile Justice, or a county probation
line 17 department, may refuse to employ that person regardless of their
line 18 qualifications.
line 19 (d) This section does not limit or curtail the power or authority
line 20 of any board of police commissioners, chief of police, sheriff,
line 21 mayor, or other appointing authority to appoint, employ, or
line 22 deputize any person as a peace officer in time of disaster caused
line 23 by flood, fire, pestilence or similar public calamity, or to exercise
line 24 any power conferred by law to summon assistance in making
line 25 arrests or preventing the commission of any criminal offense.
line 26 (e) This section does not prohibit any person from holding office
line 27 or being employed as a superintendent, supervisor, or employee
line 28 having custodial responsibilities in an institution operated by a
line 29 probation department, if at the time of the person’s hire a prior
line 30 conviction of a felony was known to the person’s employer, and
line 31 the class of office for which the person was hired was not declared
line 32 by law to be a class prohibited to persons convicted of a felony,
line 33 but as a result of a change in classification, as provided by law,
line 34 the new classification would prohibit employment of a person
line 35 convicted of a felony.
line 36 SEC. 5. Section 832.7 of the Penal Code is amended to read:
line 37 832.7. (a) Except as provided in subdivision (b), the personnel
line 38 records of peace officers and custodial officers and records
line 39 maintained by any state or local agency pursuant to Section 832.5,
line 40 or information obtained from these records, are confidential and
96— 13 — SB 2
line 1 shall not be disclosed in any criminal or civil proceeding except
line 2 by discovery pursuant to Sections 1043 and 1046 of the Evidence
line 3 Code. This section shall not apply to investigations or proceedings
line 4 concerning the conduct of peace officers or custodial officers, or
line 5 an agency or department that employs those officers, conducted
line 6 by a grand jury, a district attorney’s office, the Attorney General’s
line 7 office, or the Commission on Peace Officer Standards and Training.
line 8 (b) (1) Notwithstanding subdivision (a), subdivision (f) of
line 9 Section 6254 of the Government Code, or any other law, the
line 10 following peace officer or custodial officer personnel records and
line 11 records maintained by any state or local agency shall not be
line 12 confidential and shall be made available for public inspection
line 13 pursuant to the California Public Records Act (Chapter 3.5
line 14 (commencing with Section 6250) of Division 7 of Title 1 of the
line 15 Government Code):
line 16 (A) A record relating to the report, investigation, or findings of
line 17 any of the following:
line 18 (i) An incident involving the discharge of a firearm at a person
line 19 by a peace officer or custodial officer.
line 20 (ii) An incident in which the use of force by a peace officer or
line 21 custodial officer against a person resulted in death, or in great
line 22 bodily injury.
line 23 (B) (i) Any record relating to an incident in which a sustained
line 24 finding was made by any law enforcement agency or oversight
line 25 agency that a peace officer or custodial officer engaged in sexual
line 26 assault involving a member of the public.
line 27 (ii) As used in this subparagraph, “sexual assault” means the
line 28 commission or attempted initiation of a sexual act with a member
line 29 of the public by means of force, threat, coercion, extortion, offer
line 30 of leniency or other official favor, or under the color of authority.
line 31 For purposes of this definition, the propositioning for or
line 32 commission of any sexual act while on duty is considered a sexual
line 33 assault.
line 34 (iii) As used in this subparagraph, “member of the public” means
line 35 any person not employed by the officer’s employing agency and
line 36 includes any participant in a cadet, explorer, or other youth program
line 37 affiliated with the agency.
line 38 (C) Any record relating to an incident in which a sustained
line 39 finding was made by any law enforcement agency or oversight
line 40 agency of dishonesty by a peace officer or custodial officer directly
96SB 2 — 14 —
line 1 relating to the reporting, investigation, or prosecution of a crime,
line 2 or directly relating to the reporting of, or investigation of
line 3 misconduct by, another peace officer or custodial officer, including,
line 4 but not limited to, any sustained finding of perjury, false
line 5 statements, filing false reports, destruction, falsifying, or concealing
line 6 of evidence.
line 7 (2) Records that shall be released pursuant to this subdivision
line 8 include all investigative reports; photographic, audio, and video
line 9 evidence; transcripts or recordings of interviews; autopsy reports;
line 10 all materials compiled and presented for review to the district
line 11 attorney or to any person or body charged with determining
line 12 whether to file criminal charges against an officer in connection
line 13 with an incident, or whether the officer’s action was consistent
line 14 with law and agency policy for purposes of discipline or
line 15 administrative action, or what discipline to impose or corrective
line 16 action to take; documents setting forth findings or recommended
line 17 findings; and copies of disciplinary records relating to the incident,
line 18 including any letters of intent to impose discipline, any documents
line 19 reflecting modifications of discipline due to the Skelly or grievance
line 20 process, and letters indicating final imposition of discipline or
line 21 other documentation reflecting implementation of corrective action.
line 22 (3) A record from a separate and prior investigation or
line 23 assessment of a separate incident shall not be released unless it is
line 24 independently subject to disclosure pursuant to this subdivision.
line 25 (4) If an investigation or incident involves multiple officers,
line 26 information about allegations of misconduct by, or the analysis or
line 27 disposition of an investigation of, an officer shall not be released
line 28 pursuant to subparagraph (B) or (C) of paragraph (1), unless it
line 29 relates to a sustained finding against that officer. However, factual
line 30 information about that action of an officer during an incident, or
line 31 the statements of an officer about an incident, shall be released if
line 32 they are relevant to a sustained finding against another officer that
line 33 is subject to release pursuant to subparagraph (B) or (C) of
line 34 paragraph (1).
line 35 (5) An agency shall redact a record disclosed pursuant to this
line 36 section only for any of the following purposes:
line 37 (A) To remove personal data or information, such as a home
line 38 address, telephone number, or identities of family members, other
line 39 than the names and work-related information of peace and custodial
line 40 officers.
96— 15 — SB 2
line 1 (B) To preserve the anonymity of complainants and witnesses.
line 2 (C) To protect confidential medical, financial, or other
line 3 information of which disclosure is specifically prohibited by federal
line 4 law or would cause an unwarranted invasion of personal privacy
line 5 that clearly outweighs the strong public interest in records about
line 6 misconduct and serious use of force by peace officers and custodial
line 7 officers.
line 8 (D) Where there is a specific, articulable, and particularized
line 9 reason to believe that disclosure of the record would pose a
line 10 significant danger to the physical safety of the peace officer,
line 11 custodial officer, or another person.
line 12 (6) Notwithstanding paragraph (5), an agency may redact a
line 13 record disclosed pursuant to this section, including personal
line 14 identifying information, where, on the facts of the particular case,
line 15 the public interest served by not disclosing the information clearly
line 16 outweighs the public interest served by disclosure of the
line 17 information.
line 18 (7) An agency may withhold a record of an incident described
line 19 in subparagraph (A) of paragraph (1) that is the subject of an active
line 20 criminal or administrative investigation, in accordance with any
line 21 of the following:
line 22 (A) (i) During an active criminal investigation, disclosure may
line 23 be delayed for up to 60 days from the date the use of force occurred
line 24 or until the district attorney determines whether to file criminal
line 25 charges related to the use of force, whichever occurs sooner. If an
line 26 agency delays disclosure pursuant to this clause, the agency shall
line 27 provide, in writing, the specific basis for the agency’s
line 28 determination that the interest in delaying disclosure clearly
line 29 outweighs the public interest in disclosure. This writing shall
line 30 include the estimated date for disclosure of the withheld
line 31 information.
line 32 (ii) After 60 days from the use of force, the agency may continue
line 33 to delay the disclosure of records or information if the disclosure
line 34 could reasonably be expected to interfere with a criminal
line 35 enforcement proceeding against an officer who used the force. If
line 36 an agency delays disclosure pursuant to this clause, the agency
line 37 shall, at 180-day intervals as necessary, provide, in writing, the
line 38 specific basis for the agency’s determination that disclosure could
line 39 reasonably be expected to interfere with a criminal enforcement
line 40 proceeding. The writing shall include the estimated date for the
96SB 2 — 16 —
line 1 disclosure of the withheld information. Information withheld by
line 2 the agency shall be disclosed when the specific basis for
line 3 withholding is resolved, when the investigation or proceeding is
line 4 no longer active, or by no later than 18 months after the date of
line 5 the incident, whichever occurs sooner.
line 6 (iii) After 60 days from the use of force, the agency may
line 7 continue to delay the disclosure of records or information if the
line 8 disclosure could reasonably be expected to interfere with a criminal
line 9 enforcement proceeding against someone other than the officer
line 10 who used the force. If an agency delays disclosure under this
line 11 clause, the agency shall, at 180-day intervals, provide, in writing,
line 12 the specific basis why disclosure could reasonably be expected to
line 13 interfere with a criminal enforcement proceeding, and shall provide
line 14 an estimated date for the disclosure of the withheld information.
line 15 Information withheld by the agency shall be disclosed when the
line 16 specific basis for withholding is resolved, when the investigation
line 17 or proceeding is no longer active, or by no later than 18 months
line 18 after the date of the incident, whichever occurs sooner, unless
line 19 extraordinary circumstances warrant continued delay due to the
line 20 ongoing criminal investigation or proceeding. In that case, the
line 21 agency must show by clear and convincing evidence that the
line 22 interest in preventing prejudice to the active and ongoing criminal
line 23 investigation or proceeding outweighs the public interest in prompt
line 24 disclosure of records about use of serious force by peace officers
line 25 and custodial officers. The agency shall release all information
line 26 subject to disclosure that does not cause substantial prejudice,
line 27 including any documents that have otherwise become available.
line 28 (iv) In an action to compel disclosure brought pursuant to
line 29 Section 6258 of the Government Code, an agency may justify
line 30 delay by filing an application to seal the basis for withholding, in
line 31 accordance with Rule 2.550 of the California Rules of Court, or
line 32 any successor rule thereto, if disclosure of the written basis itself
line 33 would impact a privilege or compromise a pending investigation.
line 34 (B) If criminal charges are filed related to the incident in which
line 35 force was used, the agency may delay the disclosure of records or
line 36 information until a verdict on those charges is returned at trial or,
line 37 if a plea of guilty or no contest is entered, the time to withdraw
line 38 the plea pursuant to Section 1018.
line 39 (C) During an administrative investigation into an incident
line 40 described in subparagraph (A) of paragraph (1), the agency may
96— 17 — SB 2
line 1 delay the disclosure of records or information until the investigating
line 2 agency determines whether the use of force violated a law or
line 3 agency policy, but no longer than 180 days after the date of the
line 4 employing agency’s discovery of the use of force, or allegation of
line 5 use of force, by a person authorized to initiate an investigation, or
line 6 30 days after the close of any criminal investigation related to the
line 7 peace officer or custodial officer’s use of force, whichever is later.
line 8 (8) A record of a civilian complaint, or the investigations,
line 9 findings, or dispositions of that complaint, shall not be released
line 10 pursuant to this section if the complaint is frivolous, as defined in
line 11 Section 128.5 of the Code of Civil Procedure, or if the complaint
line 12 is unfounded.
line 13 (c) Notwithstanding subdivisions (a) and (b), a department or
line 14 agency shall release to the complaining party a copy of the party’s
line 15 own statements at the time the complaint is filed.
line 16 (d) Notwithstanding subdivisions (a) and (b), a department or
line 17 agency that employs peace or custodial officers may disseminate
line 18 data regarding the number, type, or disposition of complaints
line 19 (sustained, not sustained, exonerated, or unfounded) made against
line 20 its officers if that information is in a form which does not identify
line 21 the individuals involved.
line 22 (e) Notwithstanding subdivisions (a) and (b), a department or
line 23 agency that employs peace or custodial officers may release factual
line 24 information concerning a disciplinary investigation if the officer
line 25 who is the subject of the disciplinary investigation, or the officer’s
line 26 agent or representative, publicly makes a statement that they know
line 27 to be false concerning the investigation or the imposition of
line 28 disciplinary action. Information may not be disclosed by the peace
line 29 or custodial officer’s employer unless the false statement was
line 30 published by an established medium of communication, such as
line 31 television, radio, or a newspaper. Disclosure of factual information
line 32 by the employing agency pursuant to this subdivision is limited
line 33 to facts contained in the officer’s personnel file concerning the
line 34 disciplinary investigation or imposition of disciplinary action that
line 35 specifically refute the false statements made public by the peace
line 36 or custodial officer or their agent or representative.
line 37 (f) (1) The department or agency shall provide written
line 38 notification to the complaining party of the disposition of the
line 39 complaint within 30 days of the disposition.
96SB 2 — 18 —
line 1 (2) The notification described in this subdivision shall not be
line 2 conclusive or binding or admissible as evidence in any separate
line 3 or subsequent action or proceeding brought before an arbitrator,
line 4 court, or judge of this state or the United States.
line 5 (g) This section does not affect the discovery or disclosure of
line 6 information contained in a peace or custodial officer’s personnel
line 7 file pursuant to Section 1043 of the Evidence Code.
line 8 (h) This section does not supersede or affect the criminal
line 9 discovery process outlined in Chapter 10 (commencing with
line 10 Section 1054) of Title 6 of Part 2, or the admissibility of personnel
line 11 records pursuant to subdivision (a), which codifies the court
line 12 decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.
line 13 (i) Nothing in this chapter is intended to limit the public’s right
line 14 of access as provided for in Long Beach Police Officers
line 15 Association v. City of Long Beach (2014) 59 Cal.4th 59.
line 16 SEC. 6. Section 13503 of the Penal Code is amended to read:
line 17 13503. In carrying out its duties and responsibilities, the
line 18 commission shall have all of the following powers:
line 19 (a) To meet at those times and places as it may deem proper.
line 20 (b) To employ an executive secretary and, pursuant to civil
line 21 service, those clerical and technical assistants as may be necessary.
line 22 (c) To contract with other agencies, public or private, or persons
line 23 as it deems necessary, for the rendition and affording of those
line 24 services, facilities, studies, and reports to the commission as will
line 25 best assist it to carry out its duties and responsibilities.
line 26 (d) To cooperate with and to secure the cooperation of county,
line 27 city, city and county, and other local law enforcement agencies in
line 28 investigating any matter within the scope of its duties and
line 29 responsibilities, and in performing its other functions.
line 30 (e) To develop and implement programs to increase the
line 31 effectiveness of law enforcement and when those programs involve
line 32 training and education courses to cooperate with and secure the
line 33 cooperation of state-level officers, agencies, and bodies having
line 34 jurisdiction over systems of public higher education in continuing
line 35 the development of college-level training and education programs.
line 36 (f) To investigate and determine the fitness of any person to
line 37 serve as a peace officer in the State of California.
line 38 (g) To cooperate with and secure the cooperation of every
line 39 department, agency, or instrumentality in the state government.
96— 19 — SB 2
line 1 (h) To audit any law enforcement agency that employs peace
line 2 officers described in subdivision (a) of Section 13510.1, without
line 3 cause and at any time.
line 4 (i) To do any and all things necessary or convenient to enable
line 5 it fully and adequately to perform its duties and to exercise the
line 6 power granted to it.
line 7 SEC. 7. Section 13506 of the Penal Code is amended to read:
line 8 13506. The commission may adopt those regulations as are
line 9 necessary to carry out the purposes of this chapter.
line 10 SEC. 8. Section 13509.5 is added to the Penal Code, to read:
line 11 13509.5. (a) There is within the commission a Peace Officer
line 12 Standards Accountability Division, hereafter referred to in this
line 13 chapter as the division.
line 14 (b) The primary responsibilities of the division shall be to review
line 15 potential grounds for decertification of peace officers, conduct
line 16 investigations into serious misconduct that may provide grounds
line 17 for decertification, present findings and recommendations to the
line 18 board and commission, and bring proceedings seeking the
line 19 revocation of certification of peace officers as directed by the board
line 20 and commission pursuant to this chapter.
line 21 (c) The Governor and the commission shall ensure the division
line 22 is staffed with a sufficient number of experienced and able
line 23 employees that are capable of handling the most complex and
line 24 varied types of decertification investigations, prosecutions, and
line 25 administrative proceedings against peace officers.
line 26 (d) The commission shall establish procedures for accepting
line 27 complaints from members of the public regarding peace officers
line 28 or law enforcement agencies that may be investigated by the
line 29 division or referred to the peace officers’ employing agency or the
line 30 Department of Justice.
line 31 SEC. 9. Section 13509.6 is added to the Penal Code, to read:
line 32 13509.6. (a) No later than January 1, 2023, the Governor shall
line 33 establish the Peace Officer Standards Accountability Advisory
line 34 Board, hereafter referred to in this chapter as the board.
line 35 (b) The purpose of the board shall be to make recommendations
line 36 on the decertification of peace officers to the commission.
line 37 (c) The protection of the public shall be the highest priority for
line 38 the board as it upholds the standards for peace officers in
line 39 California. Whenever the protection of the public is inconsistent
96SB 2 — 20 —
line 1 with other interests sought to be promoted, the protection of the
line 2 public shall be paramount.
line 3 (d) The board shall consist of nine members, as follows:
line 4 (1) One member shall be a peace officer or former peace officer
line 5 with substantial experience at a command rank, appointed by the
line 6 Governor.
line 7 (2) One member shall be a peace officer or former peace officer
line 8 with substantial experience at a management rank in internal
line 9 investigations or disciplinary proceedings of peace officers,
line 10 appointed by the Governor.
line 11 (3) Two members shall be members of the public, who shall
line 12 not be former peace officers, who have substantial experience
line 13 working at nonprofit or academic institutions on issues related to
line 14 police misconduct. One of these members shall be appointed by
line 15 the Governor and one by the Speaker of the Assembly.
line 16 (4) Two members shall be members of the public, who shall
line 17 not be former peace officers, who have substantial experience
line 18 working at community-based organizations on issues related to
line 19 police misconduct. One of these members shall be appointed by
line 20 the Governor and one by the Senate Rules Committee.
line 21 (5) Two members shall be members of the public, who shall
line 22 not be former peace officers, who have been subject to wrongful
line 23 use of force likely to cause death or serious bodily injury by a
line 24 peace officer, or who are surviving family members of a person
line 25 killed by the wrongful use of deadly force by a peace officer,
line 26 appointed by the Governor.
line 27 (6) One member shall be an attorney, who shall not be a former
line 28 peace officer, with substantial professional experience involving
line 29 oversight of peace officers, appointed by the Governor.
line 30 (e) Except as otherwise provided in subdivision (f), each member
line 31 shall be appointed for a term of three years and shall hold office
line 32 until the appointment of the member’s successor or until one year
line 33 has elapsed since the expiration of the term for which the member
line 34 was appointed, whichever occurs first. Vacancies occurring shall
line 35 be filled by appointment for the unexpired term of a person with
line 36 the same qualification for appointment as the person being
line 37 replaced. No person shall serve more than two terms consecutively.
line 38 The Governor shall remove from the board any peace officer
line 39 member whose certification as a peace officer has been revoked.
96— 21 — SB 2
line 1 The Governor may, after hearing, remove any member of the board
line 2 for neglect of duty or other just cause.
line 3 (f) Of the members initially appointed to the board, three shall
line 4 be appointed for a term of one year, three for a term of two years,
line 5 and three for a term of three years. Successor appointments shall
line 6 be made pursuant to subdivision (e).
line 7 (g) Each member of the board shall receive a per diem of three
line 8 hundred fifty dollars ($350) for each day actually spent in the
line 9 discharge of official duties, including reasonable time spent in
line 10 preparation for public hearings, and shall be reimbursed for travel
line 11 and other expenses necessarily incurred in the performance of
line 12 official duties. Upon request of a member based on financial
line 13 necessity, the commission shall arrange and make direct payment
line 14 for travel or other necessities rather than providing reimbursement.
line 15 SEC. 10. The heading of Article 2 (commencing with Section
line 16 13510) of Chapter 1 of Title 4 of Part 4 of the Penal Code is
line 17 amended to read:
line 18
line 19 Article 2. Field Services, Standards, and Certification
line 20
line 21 SEC. 11. Section 13510 of the Penal Code is amended to read:
line 22 13510. (a) (1) For the purpose of raising the level of
line 23 competence of local law enforcement officers, the commission
line 24 shall adopt, and may from time to time amend, rules establishing
line 25 and upholding minimum standards relating to physical, mental,
line 26 and moral fitness that shall govern the recruitment of any city
line 27 police officers, peace officer members of a county sheriff’s office,
line 28 marshals or deputy marshals, peace officer members of a county
line 29 coroner’s office notwithstanding Section 13526, reserve officers,
line 30 as defined in subdivision (a) of Section 830.6, police officers of a
line 31 district authorized by statute to maintain a police department, peace
line 32 officer members of a police department operated by a joint powers
line 33 agency established by Article 1 (commencing with Section 6500)
line 34 of Chapter 5 of Division 7 of Title 1 of the Government Code,
line 35 regularly employed and paid inspectors and investigators of a
line 36 district attorney’s office, as defined in Section 830.1, who conduct
line 37 criminal investigations, peace officer members of a district, safety
line 38 police officers and park rangers of the County of Los Angeles, as
line 39 defined in subdivisions (a) and (b) of Section 830.31, or housing
line 40 authority police departments.
96SB 2 — 22 —
line 1 (2) The commission also shall adopt, and may from time to time
line 2 amend, rules establishing minimum standards for training of city
line 3 police officers, peace officer members of county sheriff’s offices,
line 4 marshals or deputy marshals, peace officer members of a county
line 5 coroner’s office notwithstanding Section 13526, reserve officers,
line 6 as defined in subdivision (a) of Section 830.6, police officers of a
line 7 district authorized by statute to maintain a police department, peace
line 8 officer members of a police department operated by a joint powers
line 9 agency established by Article 1 (commencing with Section 6500)
line 10 of Chapter 5 of Division 7 of Title 1 of the Government Code,
line 11 regularly employed and paid inspectors and investigators of a
line 12 district attorney’s office, as defined in Section 830.1, who conduct
line 13 criminal investigations, peace officer members of a district, safety
line 14 police officers and park rangers of the County of Los Angeles, as
line 15 defined in subdivisions (a) and (b) of Section 830.31, and housing
line 16 authority police departments.
line 17 (3) These rules shall apply to those cities, counties, cities and
line 18 counties, and districts receiving state aid pursuant to this chapter
line 19 and shall be adopted and amended pursuant to Chapter 3.5
line 20 (commencing with Section 11340) of Part 1 of Division 3 of Title
line 21 2 of the Government Code.
line 22 (b) The commission shall conduct research concerning
line 23 job-related educational standards and job-related selection
line 24 standards to include vision, hearing, physical ability, and emotional
line 25 stability. Job-related standards that are supported by this research
line 26 shall be adopted by the commission prior to January 1, 1985, and
line 27 shall apply to those peace officer classes identified in subdivision
line 28 (a). The commission shall consult with local entities during the
line 29 conducting of related research into job-related selection standards.
line 30 (c) For the purpose of raising the level of competence of local
line 31 public safety dispatchers, the commission shall adopt, and may
line 32 from time to time amend, rules establishing minimum standards
line 33 relating to the recruitment and training of local public safety
line 34 dispatchers having a primary responsibility for providing
line 35 dispatching services for local law enforcement agencies described
line 36 in subdivision (a), which standards shall apply to those cities,
line 37 counties, cities and counties, and districts receiving state aid
line 38 pursuant to this chapter. These standards also shall apply to
line 39 consolidated dispatch centers operated by an independent public
line 40 joint powers agency established pursuant to Article 1 (commencing
96— 23 — SB 2
line 1 with Section 6500) of Chapter 5 of Division 7 of Title 1 of the
line 2 Government Code when providing dispatch services to the law
line 3 enforcement personnel listed in subdivision (a). Those rules shall
line 4 be adopted and amended pursuant to Chapter 3.5 (commencing
line 5 with Section 11340) of Part 1 of Division 3 of Title 2 of the
line 6 Government Code. As used in this section, “primary responsibility”
line 7 refers to the performance of law enforcement dispatching duties
line 8 for a minimum of 50 percent of the time worked within a pay
line 9 period.
line 10 (d) This section does not prohibit a local agency from
line 11 establishing selection and training standards that exceed the
line 12 minimum standards established by the commission.
line 13 SEC. 12. Section 13510.1 of the Penal Code is amended to
line 14 read:
line 15 13510.1. (a) The commission shall establish a certification
line 16 program for peace officers described in Section 830.1, 830.2 with
line 17 the exception of those described in subdivision (d) of that section,
line 18 830.3, 830.32, or 830.33, or any other peace officer employed by
line 19 an agency that participates in the Peace Officer Standards and
line 20 Training (POST) program. A certificate or proof of eligibility
line 21 issued pursuant to this section shall be considered the property of
line 22 the commission.
line 23 (b) Basic, intermediate, advanced, supervisory, management,
line 24 and executive certificates shall be established for the purpose of
line 25 fostering professionalization, education, and experience necessary
line 26 to adequately accomplish the general police service duties
line 27 performed by peace officer members of city police departments,
line 28 county sheriffs’ departments, districts, university and state
line 29 university and college departments, or by the California Highway
line 30 Patrol.
line 31 (c) (1) Certificates shall be awarded on the basis of a
line 32 combination of training, education, experience, and other
line 33 prerequisites, as determined by the commission.
line 34 (2) In determining whether an applicant for certification has the
line 35 requisite education, the commission shall recognize as acceptable
line 36 college education only the following:
line 37 (A) Education provided by a community college, college, or
line 38 university which has been accredited by the department of
line 39 education of the state in which the community college, college, or
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