§ 13510.9
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/ca/penal-code/13510-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Beginning January 1, 2023, any agency employing peace officers shall report to the commission within 10 days, in a form specified by the commission, any of the following events:
(1)The employment, appointment, or termination or separation from employment or appointment, by that agency, of any peace officer. Separation from employment or appointment includes any involuntary termination, resignation, or retirement.
(2)Any complaint, charge, or allegation of conduct against a peace officer employed by that agency that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.
(3)Any finding or recommendation by a civilian oversight entity, including a civilian review board, civilian police commission, police chief, or civilian inspector general, that a peace officer employed by that agency engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.
(4)The final disposition of any investigation that determines a peace officer engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8, regardless of the discipline imposed.
(5)Any civil judgment or court finding against a peace officer based on conduct, or settlement of a civil claim against a peace officer or an agency based on allegations of officer conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.
(b)By July 1, 2023, any agency employing peace officers shall report to the commission any events described in subdivision
(a)that occurred between January 1, 2020, and January 1, 2023.
(1)An agency employing peace officers shall make available for inspection or duplication by the commission any investigation into any matter reported pursuant to paragraph
(2)of subdivision (a), including any physical or documentary evidence, witness statements, analysis, and conclusions, for no less than two years after reporting of the finding or recommendation reported pursuant to paragraph
(3)of subdivision (a), the final disposition of the investigation reported pursuant to paragraph
(4)of subdivision (a), or the civil judgment or court finding reported pursuant to paragraph
(5)of subdivision (a), as applicable, whichever is latest.
(2)Notwithstanding any other law, the commission shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System, or any other information that would otherwise be confidential, privileged, or subject to any other restriction on disclosure, when that information is included as part of an investigation involving a matter within the commission’s jurisdiction.
(1)In a case of separation from employment or appointment, the employing agency shall execute and maintain an affidavit-of-separation form adopted by the commission describing the reason for separation and shall include whether the separation is part of the resolution or settlement of any criminal, civil, or administrative charge or investigation. The affidavit shall be signed under penalty of perjury and submitted to the commission.
(2)A peace officer who has separated from employment or appointment shall be permitted to respond to the affidavit-of-separation form, in writing, to the commission, setting forth their understanding of the facts and reasons for the separation, if different from those provided by the agency.
(3)Before employing or appointing any peace officer who has previously been employed or appointed as a peace officer by another agency, the agency shall contact the commission to inquire as to the facts and reasons a peace officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the subsequent employing agency any information regarding the separation in its possession.
(4)Civil liability shall not be imposed on either a law enforcement agency or the commission, or any of the agency’s or commission’s agents, for providing information pursuant to this section in a good faith belief that the information is accurate.
(1)An agency employing a peace officer shall not enter into an agreement with a peace officer that requires any of the following:
(A)The agency to destroy, remove, or conceal a record of a misconduct investigation.
(B)The agency to halt or make particular findings in a misconduct investigation.
(C)The agency to otherwise restrict the disclosure of information about an allegation or investigation of misconduct pursuant to any provision of law, including, but not limited to, this section, or Sections 832.7, 832.12, 1054.1, 13510.8, or 13510.85 of this code.
(2)A provision of an agreement inconsistent with this subdivision is contrary to law and public policy and is void and unenforceable.
(f)The commission shall maintain the information reported pursuant to this section, in a form determined by the commission, and in a manner that may be accessed by the subject peace officer, any employing law enforcement agency of that peace officer, any law enforcement agency that is performing a preemployment background investigation of that peace officer, or the commission when necessary for the purposes of decertification. This information may be withheld from the subject peace officer if the commission determines that disclosure pursuant to this section may jeopardize an ongoing investigation, put a victim or witness at risk of any form of harm or injury, or may otherwise create a risk of any form of harm or injury that outweighs the interest in disclosure, until the risk of harm or injury is ended or mitigated so that the interest in disclosure is no longer outweighed by the interest in nondisclosure. Information that the commission releases to an agency pursuant to this section that has been withheld from the subject peace officer shall be kept confidential by the receiving agency.
(1)The commission shall notify the head of the agency that employs the peace officer of all of the following:
(A)The initiation of any investigation of that peace officer by the division, unless that notification would interfere with the investigation.
(B)A finding by the division, following an investigation or review of the investigation, of grounds to take action against the peace officer’s certification or application.
(C)A final determination by the commission as to whether action should be taken against a peace officer’s certification or application.
(D)An adjudication, after hearing, resulting in action against an officer’s certification or application.
(2)If the certificate of a peace officer is temporarily suspended pursuant to subdivision
(d)of Section 13510.8, or revoked, the commission shall also notify the district attorney of the county in which the peace officer is or was employed of this fact.
(3)Each notification required by this subdivision shall include the name of the peace officer and a summary of the basis for the action requiring notification.