California 2023-2024 Regular Session

California Assembly Bill AB3228 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3228Introduced by Assembly Member GabrielFebruary 16, 2024 An act to amend Section 832.8 of the Penal Code, relating to peace officers.LEGISLATIVE COUNSEL'S DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 individuals name by his or her the individuals 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.(c) Unfounded means that an investigation clearly establishes that the allegation is not true.
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3	3	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3228Introduced by Assembly Member GabrielFebruary 16, 2024 An act to amend Section 832.8 of the Penal Code, relating to peace officers.LEGISLATIVE COUNSEL'S DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
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11	11	Assembly Bill
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13	13	No. 3228
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15	15	Introduced by Assembly Member GabrielFebruary 16, 2024
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17	17	Introduced by Assembly Member Gabriel
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20	20	An act to amend Section 832.8 of the Penal Code, relating to peace officers.
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22	22	LEGISLATIVE COUNSEL'S DIGEST
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24	24	## LEGISLATIVE COUNSEL'S DIGEST
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26	26	AB 3228, as introduced, Gabriel. Peace officers: personnel records.
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28	28	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.
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30	30	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.
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32	32	This bill would make technical, nonsubstantive changes to those provisions.
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34	34	## Digest Key
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36	36	## Bill Text
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38	38	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 individuals name by his or her the individuals 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.(c) Unfounded means that an investigation clearly establishes that the allegation is not true.
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40	40	The people of the State of California do enact as follows:
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42	42	## The people of the State of California do enact as follows:
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44	44	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 individuals name by his or her the individuals 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.(c) Unfounded means that an investigation clearly establishes that the allegation is not true.
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46	46	SECTION 1. Section 832.8 of the Penal Code is amended to read:
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48	48	### SECTION 1.
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50	50	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 individuals name by his or her the individuals 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.(c) Unfounded means that an investigation clearly establishes that the allegation is not true.
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52	52	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 individuals name by his or her the individuals 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.(c) Unfounded means that an investigation clearly establishes that the allegation is not true.
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54	54	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 individuals name by his or her the individuals 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.(c) Unfounded means that an investigation clearly establishes that the allegation is not true.
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58	58	832.8. As used in Section 832.7, the following words or phrases have the following meanings:
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60	60	(a) Personnel records means any file maintained under that individuals name by his or her the individuals employing agency and containing records relating to any of the following:
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62	62	(1) Personal data, including marital status, family members, educational and employment history, home addresses, or similar information.
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64	64	(2) Medical history.
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66	66	(3) Election of employee benefits.
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68	68	(4) Employee advancement, appraisal, or discipline.
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70	70	(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.
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72	72	(6) Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy.
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74	74	(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.
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76	76	(c) Unfounded means that an investigation clearly establishes that the allegation is not true.