Bill Text: CA AB3228 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 3228

Introduced

Bill Title: Peace officers: personnel records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-17 - From printer. May be heard in committee March 18. [AB3228 Detail]

Download: California-2023-AB3228-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3228

Introduced by Assembly Member Gabriel

February 16, 2024

An act to amend Section 832.8 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL'S DIGEST

AB 3228, as introduced, Gabriel. Peace officers: personnel records.

Existing law generally provides that peace officer and custodial officer personnel records are confidential, with certain exceptions. Existing law defines “personnel records” for those purposes.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 832.8 of the Penal Code is amended to read:

832.8.

As used in Section 832.7, the following words or phrases have the following meanings:

(a) “Personnel records” means any file maintained under that individual’s name by ~~his or her~~ the individual’s employing agency and containing records relating to any of the following:

(1) Personal data, including marital status, family members, educational and employment history, home addresses, or similar information.

(2) Medical history.

(3) Election of employee benefits.

(4) Employee advancement, appraisal, or discipline.

(5) Complaints, or investigations of complaints, concerning an event or transaction in which ~~he or she~~ the individual participated, or which ~~he or she~~ the individual perceived, and pertaining to the manner in which ~~he or she~~ the individual performed ~~his or her~~ their duties.

(6) Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy.

(b) “Sustained” means a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the actions of the peace officer or custodial officer were found to violate law or department policy.