Release Or Reporting Of Peace Officer Information And Records

CATEGORY: Law Enforcement Briefing Room
CLIENT TYPE: Public Safety
DATE: Oct 06, 2020

VETOED — AB 1299   (Salas D)   Would have required a law enforcement agency to notify POST about peace officer terminations, or resignations or retirements with a pending complaint, charge or investigation of a serious nature.   Would have required POST reporting of the same to law enforcement agencies conducting pre-employment background investigations.

The Governor’s September 30, 2020 veto message stated that he agreed with the intent of this bill that peace officers with a history of misconduct should not be able to resign in lieu of termination and move to a different department without a completed investigation or a file of misconduct .  The veto message stated that the bill did not go far enough and that the Governor felt that signing this bill would slow the momentum for broader decertification measures in future legislative sessions.  Finally, the veto message stated that the Governor supports the development of legislation with a broader approach.

VETOED — SB 1220   (Umberg D)   As of January 1, 2022, would have required law enforcement agencies to notify prosecuting agencies, annually and upon request, of sustained findings of peace or custodial officer sexual assault, some forms of dishonesty, moral turpitude, or group bias.  Would have given peace officers the opportunity to challenge Brady listing.

The Governor’s September 30, 2020 veto message stated he voted this bill because it imposes a significant and costly state mandate.  The Governor’s veto message said that he does support the goal of this bill to require transparency and due process for criminal defendants. To that end, the Governor’s veto message directs the California Highway Patrol and the California Department of Corrections and Rehabilitation to develop a process to proactively provide information, in the form of a list with officer names and badge numbers, to the 58 California District Attorneys to assist them in their prosecutorial discovery obligations.