Privacy Issues in the Workplace

d. Peace Officer Personnel Records Peace officer personnel records demand special attention. Peace officer personnel records, including the medical records of a peace officer, are confidential 254 and may only be disclosed pursuant to a noticed motion (known as a Pitchess motion), and then only after an in camera review is conducted by the court. 255 The only instances when a Pitchess motion is not required for discovery of peace officer personnel records are: 1) when the officer requests to review his or her own records, 2) pursuant to a subpoena in federal court proceedings or 3) in the course of an investigation by a grand jury or the district attorney into peace officer misconduct. 256 However, on September 30, 2018, Governor Edmund G. Brown, Jr. signed Senate Bill 1421 and Assembly Bill 748 that will allow members of the public to obtain certain peace officer personnel records that were previously available only through the Pitchess procedure by making a request under the CPRA as described above. Effective January 1, 2019, SB 1421 amends Government Code Section 832.7 to generally require disclosure of records and information relating to the following types of incidents in response to a request under the CPRA: Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer. Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury . Records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public . “Sexual assault” is defined for the purposes of section 832.7 as the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, officer of leniency or any other official favor, or under the color of authority. The propositioning for or commission of any sexual act while on duty is considered a sexual assault. Records relating to an incident in which a sustained finding of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction of evidence or falsifying or concealing of evidence. Senate Bill 1421

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