California Senate Bill 1421 (2018)

SB 1421, Senate Bill 1421, or Peace Officers: Release of Records, is a California state law that makes police records relating to officer use-of-force incidents, sexual assault, and acts of dishonesty accessible under the California Public Records Act.[1] The bill was signed into law by then-governor Jerry Brown on September 30, 2018 and took effect on January 1, 2019.[2]

California Senate Bill 35
California State Legislature
Enacted by2017-18 session of the California State Legislature
EnactedSeptember 30, 2018
Signed byJerry Brown
EffectiveJanuary 1, 2019
Introduced byNancy Skinner
Keywords
Police Brutality, California
Status: Current legislation

State Senator Nancy Skinner introduced the bill and it was sponsored by advocacy groups including the ACLU of California, Anti-Police Terror Project, Black Lives Matter, California Faculty Association, California News Publishers Association, and Youth Justice Coalition.[3]

Details of the bill

Newly available information

Records related to:

  • Officer shooting at a person
  • Officer use of force causing death or great bodily injury against a person
  • Officer sexually assaulting a person
  • Officer dishonesty about a crime or misconduct of another officer

Redactions

Only the following may be redacted:

  • Personal information (home address, phone number, etc - as listed in bill) of the officer
  • Information to preserve the anonymity of complainants and witnesses

Disclosure delays

Disclosure may be delayed when:

  • The record is subject of an active criminal or administrative investigation
    • A record may be delayed a maximum of 60 days from use of force
    • After 60 days, a record may delayed for up to 18 months if the record expected to interfere with a proceeding
      • Written explanations for the delay must be provided at 180 day intervals
  • Criminal charges are filed related to the incident
    • The disclosure of records may be delayed until a verdict on those charges is returned at trial
    • If a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018

Additional details
  • Frivolous complaints, as defined in Section 128.5 of the Code of Civil Procedure, shall not be released
  • If an officer publicly makes a statement that is false about their own investigation via an established medium (TV, radio, newspaper), the agency may release factual information concerning the investigation

Loopholes

Only sustained findings are required to be released. When an officer resigns the findings are not considered sustained and the records remains hidden.[4] This loophole was used by Paso Robles Police Department to avoid releasing investigation records relating to a rape accusation about former Sgt. Christopher McGuire.[5]

Response

When SB 1421 took effect on January 1st, 2019, there was disagreement about if the law applies to records before the law took place.[6] In April, Karl Olson, a San Francisco attorney, said there are as many as 20 lawsuits related to requests seeking access to records.[7] In March, over 170 agencies were fighting the new law.[8] Attempts to block the release of records mostly failed.[8]

Delays

Six months after the law took effect, many of the state’s largest law enforcement agencies had produced little to no records.[8]

Fees

Several law enforcement agencies requested significant fees for access to records.[8]

  • West Sacramento estimated the cost to redact five shootings worth of material would be $25,000.[8]
  • LAist was charged $1,655 for redacted audio related to shootings.[8]

Destruction

Cities destroyed records before the law took place.[8] Yuba County destroyed records just after the law took effect.[8] County officials claimed the purge was routine despite the fact that many of the records were years past their required retention dates.[8]

Findings

Here are some examples of records released due to SB 1421.

  • The Ceres police department's internal investigation found officers justified in ramming Nicholas Pimentel’s vehicle during a high speed pursuit and then using another car to pin the vehicle against a truck. Before these documents were released, the city was sued for this case and settled for $2 million.[11]
  • The San Francisco Department of Police Accountability released document showing that they found the offices who shot Alex Nieto and Amilcar Perez-Lopez to be acting within policy.[12][13]
  • In May 2020, the city of Fullerton published 2,400 pages of documents about the 2011 death of Kelly Thomas (a case which has been described as "one of the worst police beatings in [US] history"), revealing for example that supervisors had “edited” the reports provided by the involved officers, and that one of them had already been on a performance improvement plan due to a prior incident.[14]

Expansion via Senate Bill 776

In June 2020, during the George Floyd protests, Senator Nancy Skinner introduced Senate Bill 776 to expand upon SB 1421.[15][16]

SB 776 would:

  • Make more records available including:
    • All use of force records available, not just those with "great bodily injury"
    • Complains that aren't sustained, closing a major loophole
    • Complaints related to actions against any protected class
    • Sustained information related to wrongful arrests or searches
  • Allow police records more than five years old to be used in trial
  • Require agencies to review officer history before hiring them
  • Limit fees agencies can charge
  • Add civil fines for agencies that don't comply
gollark: Also, arrested? NZ must have had much more enforcing enforcement than we did.
gollark: I meant talking about it on discord or facebook or something, but sure.
gollark: But perhaps this could be mitigated with technology.
gollark: This is unfortunately unrealistic due to interactions with other people *directly*.
gollark: Thus bad.

References
  1. "Bill Text - SB-1421 Peace officers: release of records". leginfo.legislature.ca.gov. Retrieved 2020-06-21.
  2. "When police misconduct occurs, records often stay secret. One mom's fight to change that". www.usatoday.com. Retrieved 2020-06-21.
  3. "Everything You Need to Know about SB 1421 and AB 748". League of California Cities. October 17, 2019. Retrieved June 21, 2020.
  4. Hoggard, Corin (2019-06-19). "Floodgates open on records from internal police investigations". ABC30 Fresno. Retrieved 2020-06-28.
  5. The Tribune Editorial Board (March 13, 2019). "Police transparency law is shielding bad cops — and state lawmakers need to fix it". The Tribune.
  6. Damien, Christopher. "Riverside County judge delays release of police misconduct records at request of deputies' union". Desert Sun. Retrieved 2020-06-28.
  7. Stanton, Sam (April 1, 2019). "California court upholds public's right to view police misconduct records". The Sacramento Bee.
  8. "California cops are withholding public records despite new law saying they can't". Desert Sun. Retrieved 2020-06-28.
  9. Calix, Brianna (March 1, 2019). "Fresno says it wants to be transparent, but denies records requests on police shootings". The Fresno Bee.
  10. "Editorial: Becerra, coddler of bad cops, offers hypocritical post-Floyd reforms". The Mercury News. 2020-06-21. Retrieved 2020-06-28.
  11. Valine, Kevin (November 27, 2019). "Bodycam captures final, frantic moments before Ceres officers fire on pickup driver". The Modesto Bee.
  12. "Records released in two high-profile San Francisco police shootings". The San Francisco Examiner. 2019-06-19. Retrieved 2020-06-28.
  13. "SF police acted within policy in killing of Amilcar Perez-Lopez, report finds". SFChronicle.com. 2019-09-04. Retrieved 2020-06-28.
  14. "Fullerton releases 2,400 pages of reports in the police beating death of Kelly Thomas". Orange County Register. 2020-05-20. Retrieved 2020-06-07.
  15. "Bill would broaden and speed up access to California police disciplinary records and make complaints about racist cops public". The Mercury News. 2020-06-29. Retrieved 2020-07-06.
  16. "Bill Text - SB-776 Peace officers: release of records". leginfo.legislature.ca.gov. Retrieved 2020-07-06.
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