The Government and Penal Codes provide for confidentiality protections that apply to peace officer personnel records, and enumerate the exceptions to those protections, including under the California Public Records Act (CPRA) and investigations of a peace officer and their employing agency conducted by a grand jury, a district attorney’s office, the Attorney General’s Office, or Peace Officer Standards and Training Commission (POST).
AB 847 expands access to confidential peace officer personnel records to a civilian oversight board or commission for a law enforcement agency. In addition, under AB 847, the inspector general and members of a sheriff oversight board are authorized to access confidential peace officer personnel records required for performance of their oversight duties, but must maintain the confidentiality of these records. A sheriff oversight board may also review these records in closed session, if such sessions comply with applicable confidentiality laws.
AB 1178 requires a court in an action to compel disclosure of confidential peace officer personnel records under a CPRA request to consider whether an officer is working undercover and their duties demand anonymity in determining whether there is a specific, articulable, and particularized reason to believe that disclosure would pose a significant danger to the physical safety of a person, to allow a law enforcement agency to redact that record.
AB 1388 prohibits an employing agency from agreeing with a peace officer that would require the agency to destroy, remove, or conceal a record of a misconduct investigation, to halt or make particular findings in a misconduct investigation, or to restrict the disclosure of information about an allegation or investigation of misconduct. AB 1388 also renders any provision of an agreement that is inconsistent with these requirements contrary to law and public policy, and void and unenforceable. In addition, any such prohibited agreement is subject to disclosure pursuant to a CPRA request.
(AB 847 amends Section 25303.7 of the Government Code and Section 832.7 of the Penal Code. AB 1178 amends Section 832.7 of the Penal Code. AB 1388 amends Sections 832.7 and 13510.9 of the Penal Code.)