Bill Text: CA AB2543 | 2011-2012 | Regular Session | Amended

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Bill Title: Public Safety Officers Procedural Bill of Rights Act:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-07-03 - In committee: Set final hearing. Failed passage. Reconsideration granted. [AB2543 Detail]

Download: California-2011-AB2543-Amended.html

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BILL NUMBER: AB 2543	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 24, 2012

   An act to add Section 3305.5 to the Government Code, relating to
public safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2543, as amended, Alejo. Public Safety Officers Procedural Bill
of Rights Act: Brady lists.
   The Public Safety Officers Procedural Bill of Rights Act prohibits
any punitive action against a public safety officer, or denial of
promotion on grounds other than merit, without providing the public
safety officer with an opportunity for administrative appeal.
   This bill would prohibit a public agency from taking punitive
action against a public safety officer, or denying promotion on
grounds other than merit, because that officer's name is placed on a
Brady list, as defined. The bill would provide, however, that the
public agency may take punitive or personnel action against a public
safety officer based on the underlying acts or omissions for which
that officer's name was placed on the Brady list, as specified. The
bill would prohibit the introduction of any evidence that an officer'
s name was placed on a Brady list in any administrative appeal of a
punitive action or civil proceeding between the officer and an office
or public agency  , except as provided. The bill would permit
evidence that a public safety officer's name was placed on a Brady
list to be introduced if, during the administrative appeal of a
punitive action against an officer, the underlying act or omission
for which that officer's name was placed on a Brady list is proven
and the officer is found to be subject to some form of punitive
action. The bill would provide that evidence introduced pursuant to
the above-described provisions shall only be used for the sole
purpose of determining the type or level of punitive action to be
imposed  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3305.5 is added to the Government Code, to
read:
   3305.5.  (a) A punitive action, or denial of promotion on grounds
other than merit, shall not be undertaken by any public agency
against any public safety officer because that officer's name has
been placed on a Brady list, or that the officer's name may otherwise
be subject to disclosure pursuant to Brady v. Maryland (1963) 373
U.S. 83.
   (b) This section shall not prohibit a public agency from taking
punitive action, denying promotion on grounds other than merit, or
taking other personnel action against a public safety officer based
on the underlying acts or omissions for which that officer's name was
placed on a Brady list, or may otherwise be subject to disclosure
pursuant to Brady v. Maryland (1963) 373 U.S. 83, if the actions
taken by the public agency otherwise conform to this chapter and to
the rules and procedures adopted by the local agency.
   (c) Evidence that a public safety officer's name has been placed
on a Brady list, or may otherwise be subject to disclosure pursuant
to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced for
any purpose in any administrative appeal of a punitive action, or in
any civil proceeding between the officer and an office or public
agency  , except as provided in subdivision (d)  . 
   (d) Evidence that a public safety officer's name was placed on a
Brady list may only be introduced if, during the administrative
appeal of a punitive action against an officer, the underlying act or
omission for which that officer's name was placed on a Brady list is
proven and the officer is found to be subject to some form of
punitive action. Evidence that a public safety officer's name was
placed on a Brady list pursuant to this subdivision shall only be
used for the sole purpose of determining the type or level of
punitive action to be imposed.  
   (d) 
    (e)  For purposes of this section, "Brady list" means
any system, index, list, or other record containing the names of
peace officers whose personnel files are likely to contain evidence
of dishonesty or bias, which is maintained by a prosecutorial agency
or office in accordance with the holding in Brady v. Maryland (1963)
373 U.S. 83.