On September 30, 2018, Governor Edmund G. Brown, Jr. signed two significant pieces of legislation, Senate Bill 1421 and Assembly Bill 748, that will require major changes in how law enforcement agencies respond to requests for peace officer personnel records. We described this legislation in detail in a previous Special Bulletin.

In short, these two statutes will allow members of the public to obtain certain peace officer personnel records that were previously available only through the Pitchess procedure by making a request under the California Public Records Act (“CPRA”) request.

Effective January 1, 2019, SB 1421 amends Government Code Section 832.7 to generally require disclosure of records and information relating to the following types of incidents in response to a request under the CPRA:

  • Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
  • Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury.
  • Records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. “Sexual assault” is defined for the purposes of section 832.7 as the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or any other official favor, or under the color of authority.   The propositioning for or commission of any sexual act while on duty is considered a sexual assault.
  • Records relating to an incident in which a sustained finding of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction of evidence or falsifying or concealing of evidence.

AB 748 requires agencies, effective July 1, 2019, to produce video and audio recordings of “critical incidents,” defined as an incident involving the discharge of a firearm at a person by a peace officer or custodial officer, or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury, in response to CPRA requests.

These statutes have different timelines for production of records, and different circumstances under which production of records can be delayed or records can be withheld. Further, agencies may wish to evaluate their document retention policies in light of these new disclosure requirements.  Agencies should work closely with trusted legal counsel to ensure compliance with both statutes.

We authored another blog post on this topic on April 1st, 2019. Please see this post here.

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Photo of Paul D. Knothe Paul D. Knothe

Paul Knothe practices in Liebert Cassidy Whitmore’s Los Angeles office where he advises and represents public agency and community college clients in employment law, with an emphasis on public safety issues.

Paul advises public safety agencies on complex and cutting-edge issues arising from…

Paul Knothe practices in Liebert Cassidy Whitmore’s Los Angeles office where he advises and represents public agency and community college clients in employment law, with an emphasis on public safety issues.

Paul advises public safety agencies on complex and cutting-edge issues arising from police reform legislation, including the transparency laws reducing traditional Pitchess protections and exposing peace officer personnel records to disclosure in response to Public Records Act requests.  He is a dynamic public speaker and provides training to law enforcement leaders on these reforms.  Paul is also well versed in the Public Safety Officers Procedural Bill of Rights Act (“POBRA”) and handles sensitive disciplinary issues and high-profile civil litigation and disciplinary appeal cases regarding claims of uses of force, off-duty misconduct, and discrimination, harassment, and retaliation.  Paul serves as a member of LCW’s Public Safety Practice Group Executive Committee.

A seasoned litigator, Paul defends clients in state and federal courts at both the trial and appellate levels. He has successfully defended agencies in collective action, multi-plaintiff, and single-plaintiff employment matters.  Paul litigates a full range of employment law matters including alleged discrimination, harassment, retaliation, POBRA, and wage and hour issues.   He manages all aspects of litigation, from case assessment and pre-trial motion practice, through all forms of discovery proceedings, and settlement, to trial.

Additionally, Paul conducts thorough workplace investigations, with a focus on high-profile incidents or allegations against senior management personnel.