Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that expands the public's access to police records -- allowing them to view sustained findings in which an officer used unreasonable force, failed to intervene when another officer used excessive force, engaged in racist or biased behavior, or conducted unlawful arrests and searches.

Highlights:

• Expands an existing law that makes peace officer and custodial officer personnel records and specified records maintained by any state or local agency, or information obtained from these records, confidential and prohibits these records from being disclosed in any criminal or civil proceeding except by discovery (Sec. 1).

• Establishes a sustained finding involving force that is unreasonable or excessive, and any sustained finding that an officer failed to intervene against another officer using unreasonable or excessive force, is subject to disclosure (Sec. 1).

• Requires each department or agency that employs peace officers to make a record of any investigations of misconduct involving a peace officer in the officer’s general personnel file or a separate file designated by the department or agency (Sec. 1). 

• Requires each department or agency that employs peace officers to create a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of the procedure available to the public (Sec. 1).

• Requires each department or agency that employs custodial officers, to create a procedure to investigate complaints by members of the public against those custodial officers employed by these departments or agencies (Sec. 1).

• Establishes that complaints by members of the public that are determined by the peace or the custodial officer’s employing agency to be frivolous, or unfounded or exonerated, or any portion of a complaint that is determined to be frivolous, unfounded, or exonerated, will not be maintained in that officer’s general personnel file (Sec. 1).

• Establishes that after 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against someone other than the officer who engaged in the misconduct or used the force (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that expands the public's access to police records -- allowing them to view sustained findings in which an officer used unreasonable force, failed to intervene when another officer used excessive force, engaged in racist or biased behavior, or conducted unlawful arrests and searches.

Highlights:

• Expands an existing law that makes peace officer and custodial officer personnel records and specified records maintained by any state or local agency, or information obtained from these records, confidential and prohibits these records from being disclosed in any criminal or civil proceeding except by discovery (Sec. 1).

• Establishes a sustained finding involving force that is unreasonable or excessive, and any sustained finding that an officer failed to intervene against another officer using unreasonable or excessive force, is subject to disclosure (Sec. 1).

• Requires each department or agency that employs peace officers to make a record of any investigations of misconduct involving a peace officer in the officer’s general personnel file or a separate file designated by the department or agency (Sec. 1). 

• Requires each department or agency that employs peace officers to create a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of the procedure available to the public (Sec. 1).

• Requires each department or agency that employs custodial officers, to create a procedure to investigate complaints by members of the public against those custodial officers employed by these departments or agencies (Sec. 1).

• Establishes that complaints by members of the public that are determined by the peace or the custodial officer’s employing agency to be frivolous, or unfounded or exonerated, or any portion of a complaint that is determined to be frivolous, unfounded, or exonerated, will not be maintained in that officer’s general personnel file (Sec. 1).

• Establishes that after 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against someone other than the officer who engaged in the misconduct or used the force (Sec. 1).

Full Bill Text