Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1088

Introduced by Senator Bradford

February 15, 2022

An act to amend Section 19.6 of the Penal Code, relating to criminal law. add Section 3309.6 to the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 1088, as amended, Bradford. Infractions. Public employment: law enforcement labor relations.
Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants a variety of employment rights and protections to public safety officers, as defined, including with respect to investigations, interrogations, and disciplinary procedures.
This bill would prohibit a procedural violation of the act deemed to be without substantive effect, as specified, from being the basis for reversing or modifying discipline of a public safety officer.

Existing law provides that an infraction is not punishable by imprisonment. Existing law also specifies that a person charged with an infraction is not entitled to a trial by jury and is generally not entitled to have a public defender or other counsel appointed at public expense to represent them.

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

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

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


SECTION 1.

 Section 3309.6 is added to the Government Code, to read:

3309.6.
 (a) A procedural violation of this chapter that an administrative hearing officer, board, or arbitrator, acting pursuant to their appropriate authority, deems to be without a substantive effect shall not be the basis for reversing or modifying discipline of a public safety officer.
(b) For purposes of this section, “without a substantive effect” includes, but is not limited to, the following:
(1) Procedural errors, including the admission or exclusion of evidence, unless the error adversely affects the substantial rights of the public safety officer to an extent that constitutes fundamental unfairness.
(2) Harmless errors, including technical errors, that are not so damaging and prejudicial as to change the outcome of an investigation or a decision.
(3) With consideration of the totality of the dispute, evidence of misconduct is significant enough to outweigh a claim that an error was substantial enough to justify a change in discipline.

SECTION 1.Section 19.6 of the Penal Code is amended to read:
19.6.

An infraction is not punishable by imprisonment. A person charged with an infraction is not entitled to a trial by jury. A person charged with an infraction is not entitled to have the public defender or other counsel appointed at public expense to represent them unless they are arrested and not released on their written promise to appear, their own recognizance, or a deposit of bail.