Bill Text: CA SB638 | 2011-2012 | Regular Session | Amended

California Senate Bill 638 (Prior Session Legislation)

Bill Title: Public Safety Officers Procedural Bill of Rights Act:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB638 Detail]

Download: California-2011-SB638-Amended.html

BILL NUMBER: SB 638	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator De Le�n

                        FEBRUARY 18, 2011

   An act to add Section 3305.5 to the Government Code, relating to
public safety officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 638, as amended, De Le�n. Public Safety Officers Procedural
Bill of Rights Act: Brady lists.
   The Public Safety Officers Procedural Bill of Rights Act prohibits
any punitive action against a public safety officer, or denial of
promotion on grounds other than merit, without providing the public
safety officer with an opportunity for administrative appeal.
   This bill would prohibit a public agency from taking punitive
action against a public safety officer, or denying promotion on
grounds other than merit, because that officer is placed on a Brady
list, as defined. The bill would provide, however, that the public
agency may take punitive or personnel action against a public safety
officer based on the underlying acts or omissions for which that
officer's name was placed on the Brady list, as specified. The bill
would prohibit the introduction of any evidence that an officer's
name was placed on a Brady list in any administrative appeal of a
punitive action or civil proceeding between the office and the public
agency.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3305.5 is added to the Government Code, to
read:
   3305.5.  (a) No punitive action, or denial of promotion on grounds
other than merit, shall be undertaken by any public agency against
any public safety officer because that officer's name has been placed
on a Brady list, or that the officer's name may otherwise be subject
to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83.
   (b) Nothing in this section shall prohibit a public agency from
taking punitive action, denying promotion on grounds other than
merit, or taking other personnel action against a public safety
officer based on the underlying acts or omissions for which that
officer's name was placed on a Brady list, or may otherwise be
subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S.
83, if the actions taken by the public agency otherwise conform to
this chapter and to the rules and procedures adopted by the local
agency.
   (c) Evidence that a public safety officer's name has been placed
on a Brady list, or may otherwise be subject to disclosure pursuant
to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced for
any purpose in any administrative appeal of a punitive action, or in
any civil proceeding between the office or the public agency.
   (d) For purposes of this  section: 
    (1)     section,  
 "Brady list" means any system, index, list, or other record
containing the names of peace officers whose personnel files are
likely to contain evidence of dishonesty or bias, which is maintained
by a prosecutorial agency or office in accordance with the holding
in Brady v. Maryland (1963) 373 U.S. 83. 
   (2) "Personnel action" includes, but is not limited to, transfer,
change of status, assignment, evaluation, denial of opportunity to
work overtime or special assignments, and denial of a merit increase.