California 2017-2018 Regular Session

California Assembly Bill AB2327 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~2327 CHAPTER 966~~ An act to add Section 832.12 to the Penal Code, relating to peace officers. ~~[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2327, Quirk. Peace officers: misconduct: employment.Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of the department or agency. Existing law requires complaints and any reports or findings related to the complaints to be retained for at least 5 years and allows all complaints retained to be maintained in the peace officers general personnel file or in a separate file designated by the department or agency.This bill would require each department or agency in this state that employs peace officers to make and retain a record of any investigations of misconduct involving a peace officer in his or her general personnel file or separate file designated by the department or agency. The bill would require a peace officer seeking employment with a department or agency to give written permission for the hiring department or agency to view his or her general personnel file or separate file. Because this bill would increase the duties of local law enforcement agencies, it would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 832.12 is added to the Penal Code, to read:832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in his or her general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view his or her general personnel file and any separate file designated by a department or agency.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
	1	+	Enrolled August 27, 2018 Passed IN Senate August 24, 2018 Passed IN Assembly April 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2327Introduced by Assembly Member QuirkFebruary 13, 2018 An act to add Section 832.12 to the Penal Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGESTAB 2327, Quirk. Peace officers: misconduct: employment.Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of the department or agency. Existing law requires complaints and any reports or findings related to the complaints to be retained for at least 5 years and allows all complaints retained to be maintained in the peace officers general personnel file or in a separate file designated by the department or agency.This bill would require each department or agency in this state that employs peace officers to make and retain a record of any investigations of misconduct involving a peace officer in his or her general personnel file or separate file designated by the department or agency. The bill would require a peace officer seeking employment with a department or agency to give written permission for the hiring department or agency to view his or her general personnel file or separate file. Because this bill would increase the duties of local law enforcement agencies, it would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 832.12 is added to the Penal Code, to read:832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in his or her general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view his or her general personnel file and any separate file designated by a department or agency.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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3		-	Assembly Bill No. 2327 CHAPTER 966 An act to add Section 832.12 to the Penal Code, relating to peace officers. [ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2327, Quirk. Peace officers: misconduct: employment.Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of the department or agency. Existing law requires complaints and any reports or findings related to the complaints to be retained for at least 5 years and allows all complaints retained to be maintained in the peace officers general personnel file or in a separate file designated by the department or agency.This bill would require each department or agency in this state that employs peace officers to make and retain a record of any investigations of misconduct involving a peace officer in his or her general personnel file or separate file designated by the department or agency. The bill would require a peace officer seeking employment with a department or agency to give written permission for the hiring department or agency to view his or her general personnel file or separate file. Because this bill would increase the duties of local law enforcement agencies, it would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
	3	+	Enrolled August 27, 2018 Passed IN Senate August 24, 2018 Passed IN Assembly April 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2327Introduced by Assembly Member QuirkFebruary 13, 2018 An act to add Section 832.12 to the Penal Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGESTAB 2327, Quirk. Peace officers: misconduct: employment.Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of the department or agency. Existing law requires complaints and any reports or findings related to the complaints to be retained for at least 5 years and allows all complaints retained to be maintained in the peace officers general personnel file or in a separate file designated by the department or agency.This bill would require each department or agency in this state that employs peace officers to make and retain a record of any investigations of misconduct involving a peace officer in his or her general personnel file or separate file designated by the department or agency. The bill would require a peace officer seeking employment with a department or agency to give written permission for the hiring department or agency to view his or her general personnel file or separate file. Because this bill would increase the duties of local law enforcement agencies, it would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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	5	+	Enrolled August 27, 2018 Passed IN Senate August 24, 2018 Passed IN Assembly April 12, 2018
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	7	+	Enrolled August 27, 2018
	8	+	Passed IN Senate August 24, 2018
	9	+	Passed IN Assembly April 12, 2018
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	11	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	13		Assembly Bill No. 2327
6		-	CHAPTER 966
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	15	+	Introduced by Assembly Member QuirkFebruary 13, 2018
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	17	+	Introduced by Assembly Member Quirk
	18	+	February 13, 2018
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8	20		An act to add Section 832.12 to the Penal Code, relating to peace officers.
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10		-	[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]
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12	22		LEGISLATIVE COUNSEL'S DIGEST
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14	24		## LEGISLATIVE COUNSEL'S DIGEST
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16	26		AB 2327, Quirk. Peace officers: misconduct: employment.
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18	28		Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of the department or agency. Existing law requires complaints and any reports or findings related to the complaints to be retained for at least 5 years and allows all complaints retained to be maintained in the peace officers general personnel file or in a separate file designated by the department or agency.This bill would require each department or agency in this state that employs peace officers to make and retain a record of any investigations of misconduct involving a peace officer in his or her general personnel file or separate file designated by the department or agency. The bill would require a peace officer seeking employment with a department or agency to give written permission for the hiring department or agency to view his or her general personnel file or separate file. Because this bill would increase the duties of local law enforcement agencies, it would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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20	30		Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of the department or agency. Existing law requires complaints and any reports or findings related to the complaints to be retained for at least 5 years and allows all complaints retained to be maintained in the peace officers general personnel file or in a separate file designated by the department or agency.
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22	32		This bill would require each department or agency in this state that employs peace officers to make and retain a record of any investigations of misconduct involving a peace officer in his or her general personnel file or separate file designated by the department or agency. The bill would require a peace officer seeking employment with a department or agency to give written permission for the hiring department or agency to view his or her general personnel file or separate file. Because this bill would increase the duties of local law enforcement agencies, it would impose a state-mandated local program.
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24	34		The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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26	36		This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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28	38		## Digest Key
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30	40		## Bill Text
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32	42		The people of the State of California do enact as follows:SECTION 1. Section 832.12 is added to the Penal Code, to read:832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in his or her general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view his or her general personnel file and any separate file designated by a department or agency.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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34	44		The people of the State of California do enact as follows:
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36	46		## The people of the State of California do enact as follows:
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38	48		SECTION 1. Section 832.12 is added to the Penal Code, to read:832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in his or her general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view his or her general personnel file and any separate file designated by a department or agency.
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40	50		SECTION 1. Section 832.12 is added to the Penal Code, to read:
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42	52		### SECTION 1.
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44	54		832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in his or her general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view his or her general personnel file and any separate file designated by a department or agency.
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46	56		832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in his or her general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view his or her general personnel file and any separate file designated by a department or agency.
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48	58		832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in his or her general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view his or her general personnel file and any separate file designated by a department or agency.
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52	62		832.12. (a) Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in his or her general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view his or her general personnel file and any separate file designated by a department or agency.
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54	64		SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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56	66		SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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58	68		SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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60	70		### SEC. 2.