onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 832.7

Legal Research Home > California Laws > Penal Code > California Penal Code Section 832.7

832.7.  (a) Peace officer or custodial officer personnel records and
records maintained by any state or local agency pursuant to Section
832.5, or information obtained from these records, are confidential
and shall not be disclosed in any criminal or civil proceeding except
by discovery pursuant to Sections 1043 and 1046 of the Evidence
Code. This section shall not apply to investigations or proceedings
concerning the conduct of peace officers or custodial officers, or an
agency or department that employs those officers, conducted by a
grand jury, a district attorney's office, or the Attorney General's
office.
   (b) Notwithstanding subdivision (a), a department or agency shall
release to the complaining party a copy of his or her own statements
at the time the complaint is filed.
   (c) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may disseminate data regarding
the number, type, or disposition of complaints (sustained, not
sustained, exonerated, or unfounded) made against its officers if
that information is in a form which does not identify the individuals
involved.
   (d) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may release factual information
concerning a disciplinary investigation if the officer who is the
subject of the disciplinary investigation, or the officer's agent or
representative, publicly makes a statement he or she knows to be
false concerning the investigation or the imposition of disciplinary
action. Information may not be disclosed by the peace or custodial
officer's employer unless the false statement was published by an
established medium of communication, such as television, radio, or a
newspaper. Disclosure of factual information by the employing agency
pursuant to this subdivision is limited to facts contained in the
officer's personnel file concerning the disciplinary investigation or
imposition of disciplinary action that specifically refute the false
statements made public by the peace or custodial officer or his or
her agent or representative.
   (e) (1) The department or agency shall provide written
notification to the complaining party of the disposition of the
complaint within 30 days of the disposition.
   (2) The notification described in this subdivision shall not be
conclusive or binding or admissible as evidence in any separate or
subsequent action or proceeding brought before an arbitrator, court,
or judge of this state or the United States.
   (f) Nothing in this section shall affect the discovery or
disclosure of information contained in a peace or custodial officer's
personnel file pursuant to Section 1043 of the Evidence Code.


Section: Previous  832  832.05  832.1  832.2  832.25  832.3  832.4  832.5  832.6  832.7  832.8  832.9  832.15  832.16  832.17  Next

Last modified: March 17, 2014