The 2018 California Legislative session concluded with two bills on Governor Brown’s desk that raised concern and attention from local law enforcement officials across the state. These bills were SB 1421, authored by Senator Nancy Skinner (D-Oakland), dealing with disclosure of police personnel records, and AB 748, carried by Phil Ting (D-San Francisco), dealing with release of peace officer body cam footage. Ultimately, Governor Brown decided to sign both bills this past weekend, making them law. Here is an update on what the bills do:

SB 1421

Prior to the enactment of SB 1421, California had the most stringent rules in the nation when it came to public access to law enforcement personnel records. These officer protections were a very narrow exemption to the longstanding California Public Records Act (“CPRA”), which generally requires disclosure of public records upon a reasonably focused and specific request. Historically, the public could not access, for example, records related to officer-involved shootings, incidents involving death or great bodily injury of another, or allegations of officer-involved sexual assault while on duty, without first obtaining court authorization.

With this week’s chaptering of SB 1421 the public will now have access to investigation records related to a law enforcement officer’s use of deadly force, discharge of a firearm, sexual assault while on duty, or specific instances of work-related dishonesty.

The measure was pushed by the American Civil Liberties Union, and ultimately negotiated and supported by the CA Police Chiefs Association. It drew opposition from local law enforcement concerned with the impact on officer privacy, the integrity of pending investigations or criminal proceedings, and the significant costs associated with opening these records to the public.

SB 1421 takes effect on January 1, 2019.

AB 748

The second accountability measure becoming law this week is the first major California law regulating police body-worn cameras since law enforcement agencies across California began using the technology to record their daily interactions with the public. Prior to Governor Brown signing AB 748 bill into law, there was no uniform set of procedures that police departments were required to follow in deciding whether or not to release footage. Recordings have often been withheld from release on the grounds that they are “investigative records” and therefore exempt from mandatory disclosure pursuant to CPRA. AB 748 requires police departments to release within 45 days audio or video footage of shootings or other incidents involving serious use of force, unless it interferes with an active investigation.

AB 748 takes effect July 1, 2019.

If you have any other questions regarding these bills and their implications, please contact Debra Hinshaw Vierra at debra@whitebrennerllp.com, Helane Seikaly at helane@whitebrennerllp.com, or Kimberly Horiuchi at kimberly@whitebrennerllp.com from our Labor and Employment Group.