Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Contact Us
  • Disclaimer
  • Privacy Policy

Senate Bill 1421 Makes 4 Separate Categories of Internal Affairs Investigations Subject to Disclosure as “Public Records”

October 1, 2018 by Hien Nguyen

California Senate Bill 1421 substantially erodes the confidentiality laws that have long-protected California peace officers. Its purpose, according to the bill’s authors, is to “stem the misuse of peace officer authority by making public information pertaining to serious officer misconduct, including officer-involved shootings and other serious uses of force.”

Prior to the bill’s passage, Penal Code §§ 832.7 and 832.8, working in conjunction, provided that an officer’s “personnel records,” i.e., any file maintained under that officer’s name by the employing agency containing records relating to: 1) personal data; 2) medical history; 3) election of employee benefits; 4) employee advancement, appraisal, or discipline; 5) complaints, or investigations of complaints, concerning events in which the officer participated or perceived, and pertaining to the manner in which he or she performed his or her duties; and 6) any other information the disclosure of which would constitute an unwarranted invasion of personal privacy, could generally not be disclosed in any civil or criminal discovery except through the filing of Pitchess Motions.

Under the new law, while P.C. § 832.8 maintains its definition of “personnel records,” § 832.7 has been drastically revised, and now contains a multitude of exceptions to the maintenance of confidentiality of those records. The records which shall be made available for public inspection pursuant to the California Public Records Act are as follows:

  1. Any record relating to the report, investigation, or findings of an incident involving the discharge of a firearm at an individual by a peace or custodial officer;
  2. Any record relating to the report, investigation or findings of an incident in which the use of force by a peace or custodial officer against an individual resulted in death or great bodily injury;
  3. Any record relating to an incident in which a sustained finding was made by a law enforcement or oversight agency that a peace or custodial officer engaged in sexual assault against a member of the public, including the proposition of or commission of any sexual act while on duty; and
  4. Any record relating to an incident in which a sustained finding was made that a peace or custodial officer engaged in dishonesty directly relating to the reporting, investigation, or prosecution of a crime, or directly related to the reporting of, or investigation of misconduct by, another peace or custodial officer.

The records now subject to release are extensive: they include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all material compiled and presented to the district attorney or any other body charged with determining whether to file criminal charges against an officer or determining whether the officer’s action was consistent with law and agency policy; documents setting forth findings or recommended findings; and copies of all disciplinary records relating to the incident. If an investigation or incident involves multiple officers, this information will only be released as to those officers against whom sustained findings were made. However, relevant factual information related to the actions of an officer against whom sustained findings were not made may be released if such information is relevant to sustained findings against another officer that are properly subject to release.

An employing agency may redact the above-listed records only for five specifically delineated purposes:

  1. To remove personal data or information, e.g., home address, telephone number, identities of family members;
  2. To preserve the anonymity of complainants and witnesses;
  3. Where there is a “specific, articulable and particularized” reason to believe that disclosure would pose a significant danger to the safety of the officer or another;
  4. Where, on the particular facts of the case, the public interest in not disclosing the information clearly outweighs the public interest in disclosing it; and
  5. If the incident described in the records is the subject of an active criminal or administrative investigation.

In the event that there is an ongoing criminal or administrative investigation, the statute contains a plethora of subsections discussing the reasons for delaying the release of the records, and the timeline for their eventual release.

The amended § 832.7 maintains the provision that an employing agency may disclose factual information concerning a disciplinary investigation if the subject officer, or his or her representative, knowingly makes a false statement concerning the investigation or the imposition of discipline, and such false statement is published via television, radio, or newspaper. In such an event, the agency may disclose only facts that specifically refute the false statement.

Aside from this office’s objection to this erosion of police officer confidentiality, the additional danger here is that we are likely to see future legislative proposals to broaden the categories of public record disclosure, and eventually make all complaint investigations subject to Public Record Act disclosure.

Disclaimer: Case law and analysis can change over time. The information in this article is accurate as of the date the article was written and should not constitute legal advice. Always consult with an attorney.

Filed Under: Bulletins Tagged With: Gidian-R-Mellk, michael-l-rains

Related News

  • Former Alameda County Deputy Granted Industrial Disability Retirement After Criminal Charges Dismissed and Record Sealed
  • Analysis of State DOJ OIS Investigations Pursuant to AB 1506
  • RLS Eager to Clear Alameda Officer Charged in Death of Mario Gonzalez
  • Judge Recuses Alameda District Attorney Price from Officer-Involved Shooting Case
  • DA Price May Face New Recusal Fight in Steven Taylor Case

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel. By providing a telephone number and submitting the form you are consenting to be contacted by SMS text message. Message & data rates may apply. Reply STOP to opt out of further messaging.

© 2025 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Privacy Policy | Disclaimer

Click here for our privacy policy. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies. Read our privacy policy for more details.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

Please read our full privacy policy by clicking here.

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.

Please see our privacy policy for more information.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

  • Privacy Policy

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Contact Us
  • Disclaimer
  • Privacy Policy
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.