Black People Politics : CA passed a startling State Senate Bill...SB1421

Discussion in 'Black People Politics' started by HODEE, Mar 25, 2019.

  1. HODEE

    HODEE Well-Known Member MEMBER

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    Police Departments across the State are destroying past records... and resisting turning over records in Inglewood CA, Fremont CA and other places.
    Several News Organizations are requesting these records. One to help their failing subscriptions , and Two because this kind of accountability is Long Overdue.




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    Senate Bill 1421 and Assembly Bill 748; Making Certain Peace Officer Records Subject to Disclosure Under the California Public Records Act
    https://www.aalrr.com/newsroom-alerts-Senate-Bill-1421-and-Assembly-Bill-748
    Governor Brown Signs Senate Bill 1421 and Assembly Bill 748; Making Certain Peace Officer Records Subject to Disclosure Under the California Public Records Act: Atkinson, Andelson, Loya, Ruud & Romo
    aalrr.com


    Senate Bill 1421 – Effective January 1, 2019
    Penal Code Sections 832.7 and 832.8 currently make all peace officer personnel files confidential, and only allow access to these files in criminal, civil and administrative proceedings pursuant to Evidence Code Section 1043 and 1045 through a “Pitchess” motion. Effective January 1, 2019, SB 1421 amends Penal Code Section 832.7 to allow disclosure pursuant to a CPRA request for records in four categories:




      • Records relating to the report, investigation, or findings of any 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 any of incident in which the use of force by a peace officer or custodial officer against a person resulted 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 purposes of the statute 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 other official favor, or under color of authority. For purposes of this definition, 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 was made by any law enforcement agency or oversight agency 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, falsifying, or concealing of evidence.
    When an investigation or incident involves multiple officers, the information set forth in categories 3 and 4 above is only released if it involves a sustained finding against that officer. However, factual information about other officers involved or statements they made may be released even without a sustained finding against that officer if such information was relevant to the sustained finding against the other officer. Thus, officers who are witnesses to incidents could have their statements released if the investigation against the subject officer resulted in a sustained finding against the officer under categories 3 and/or 4 above.
     
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