The bill has been approved by the Senate and now moves to the Assembly.
In California, it is often difficult for defendants in criminal cases to learn more about the officers who have arrested them. That may soon change, thanks to a bill that recently advanced from the California Senate to the Assembly.
California State Senators recently approved Senate Bill 1421 that would allow the public release of police reports in certain situations. This includes when officers are found to have (1) improperly used force; (2) improperly discharged a firearm; (3) committed sexual assaults on the job; or (4) been dishonest in their official duties. If approved, investigative findings and other documents could be released. This legislation was introduced by Senator Nancy Skinner, a Democrat from Berkeley.
The bill would require law enforcement agencies to release records related to use-of-force investigations reviews, which would include police shootings. These records must be released within 18 months from the date of the use force. In addition, agencies would be required to release documents regarding sustained complaints against officers accused of sexual assault or other job-related dishonesty, such as perjury, falsifying reports, or planting or destroying evidence.
The bill is supported by more than 100 community groups and organizations, and opposed by police unions and law enforcement associations. Those in support of the bill, including the American Civil Liberties Union (ACLU) believe that it will bring greater transparency to law enforcement, and ensure that they are held accountable for their actions. Those opposed to the bill state that it would infringe upon officers’ privacy and create expenses for law enforcement agencies.
According to an experienced Orange County criminal defense attorney, while this bill may be controversial, it has the potential to be extremely helpful to defendants in criminal cases. Currently, it is often challenging for defendants to learn about the background of officers who arrested them or who may be testifying against them. Making these records public as a matter of right will make it easier for an Orange County criminal defense attorney to negotiate deals or to have charges reduced or dismissed.
In addition, in cases where use of force may be at issue, an officer’s history of excessive force against suspects may become a critical factor in the case. Having ready access to this history if this bill becomes law may make it easier for an Orange County criminal defense attorney to obtain a favorable outcome in California criminal cases.
At the Chambers Law Firm, our team of experienced professionals is dedicated to protecting the rights of our clients. This includes thoroughly investigating the facts of each case, including the background of each testifying witness. If you have been charged with a crime, you will need an experienced Orange County criminal defense attorney. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
