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California Government Code Section 3303

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3303.  When any public safety officer is under investigation and
subjected to interrogation by his or her commanding officer, or any
other member of the employing public safety department, that could
lead to punitive action, the interrogation shall be conducted under
the following conditions. For the purpose of this chapter, punitive
action means any action that may lead to dismissal, demotion,
suspension, reduction in salary, written reprimand, or transfer for
purposes of punishment.
   (a) The interrogation shall be conducted at a reasonable hour,
preferably at a time when the public safety officer is on duty, or
during the normal waking hours for the public safety officer, unless
the seriousness of the investigation requires otherwise. If the
interrogation does occur during off-duty time of the public safety
officer being interrogated, the public safety officer shall be
compensated for any off-duty time in accordance with regular
department procedures, and the public safety officer shall not be
released from employment for any work missed.
   (b) The public safety officer under investigation shall be
informed prior to the interrogation of the rank, name, and command of
the officer in charge of the interrogation, the interrogating
officers, and all other persons to be present during the
interrogation. All questions directed to the public safety officer
under interrogation shall be asked by and through no more than two
interrogators at one time.
   (c) The public safety officer under investigation shall be
informed of the nature of the investigation prior to any
interrogation.
   (d) The interrogating session shall be for a reasonable period
taking into consideration gravity and complexity of the issue being
investigated. The person under interrogation shall be allowed to
attend to his or her own personal physical necessities.
   (e) The public safety officer under interrogation shall not be
subjected to offensive language or threatened with punitive action,
except that an officer refusing to respond to questions or submit to
interrogations shall be informed that failure to answer questions
directly related to the investigation or interrogation may result in
punitive action. No promise of reward shall be made as an inducement
to answering any question. The employer shall not cause the public
safety officer under interrogation to be subjected to visits by the
press or news media without his or her express consent nor shall his
or her home address or photograph be given to the press or news media
without his or her express consent.
   (f) No statement made during interrogation by a public safety
officer under duress, coercion, or threat of punitive action shall be
admissible in any subsequent civil proceeding. This subdivision is
subject to the following qualifications:
   (1) This subdivision shall not limit the use of statements made by
a public safety officer when the employing public safety department
is seeking civil sanctions against any public safety officer,
including disciplinary action brought under Section 19572.
   (2) This subdivision shall not prevent the admissibility of
statements made by the public safety officer under interrogation in
any civil action, including administrative actions, brought by that
public safety officer, or that officer's exclusive representative,
arising out of a disciplinary action.
   (3) This subdivision shall not prevent statements made by a public
safety officer under interrogation from being used to impeach the
testimony of that officer after an in camera review to determine
whether the statements serve to impeach the testimony of the officer.
   (4) This subdivision shall not otherwise prevent the admissibility
of statements made by a public safety officer under interrogation if
that officer subsequently is deceased.
   (g) The complete interrogation of a public safety officer may be
recorded. If a tape recording is made of the interrogation, the
public safety officer shall have access to the tape if any further
proceedings are contemplated or prior to any further interrogation at
a subsequent time. The public safety officer shall be entitled to a
transcribed copy of any notes made by a stenographer or to any
reports or complaints made by investigators or other persons, except
those which are deemed by the investigating agency to be
confidential. No notes or reports that are deemed to be confidential
may be entered in the officer's personnel file. The public safety
officer being interrogated shall have the right to bring his or her
own recording device and record any and all aspects of the
interrogation.
   (h) If prior to or during the interrogation of a public safety
officer it is deemed that he or she may be charged with a criminal
offense, he or she shall be immediately informed of his or her
constitutional rights.
   (i) Upon the filing of a formal written statement of charges, or
whenever an interrogation focuses on matters that are likely to
result in punitive action against any public safety officer, that
officer, at his or her request, shall have the right to be
represented by a representative of his or her choice who may be
present at all times during the interrogation. The representative
shall not be a person subject to the same investigation. The
representative shall not be required to disclose, nor be subject to
any punitive action for refusing to disclose, any information
received from the officer under investigation for noncriminal
matters.
   This section shall not apply to any interrogation of a public
safety officer in the normal course of duty, counseling, instruction,
or informal verbal admonishment by, or other routine or unplanned
contact with, a supervisor or any other public safety officer, nor
shall this section apply to an investigation concerned solely and
directly with alleged criminal activities.
   (j) No public safety officer shall be loaned or temporarily
reassigned to a location or duty assignment if a sworn member of his
or her department would not normally be sent to that location or
would not normally be given that duty assignment under similar
circumstances.
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Last modified: March 17, 2014