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Senate Bill 400: Agencies May Release Statements Announcing Terminations Of Peace Or Custody Officers In Some Circumstances

CATEGORY: Law Enforcement Briefing Room
CLIENT TYPE: Public Safety
DATE: Apr 05, 2024

On February 29, 2024, Governor Newsom signed into law Senate Bill 400.  This new law amends the California Public Records Act (CPRA) to allow law enforcement agencies to release statements announcing terminations of peace officers and custody officers.

Previously, Penal Code section 832.7 deemed personnel records of peace officers and custodial officers confidential and not subject to public inspection.  In 2019, the law was amended to grant public access through public records requests related to the following disclosable incidents: officer-involved shootings; use of force incidents resulting in death or serious injuries; or when there are sustained findings of dishonesty or sexual assault.

This new law further amends Penal Code section 832.7 and permits, but does not mandate, employing law enforcement agencies, to disclose peace officer terminations for cause for any disclosable incident, under certain circumstances.  The bill passed both the Assembly and Senate unanimously. (Penal Code section 832.7(b)(13).)

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