California 2023-2024 Regular Session Status: Enacted

SB 449 — Peace officers: Peace Officer Standards Accountability Advisory Board.

Last action — Chaptered by Secretary of State. Chapter 397, Statutes of 2023.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 07, 2023.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law defines "certification" as a valid and unexpired basic certificate or proof of eligibility to serve as a peace officer issued by the Commission on Peace Officer Standards and Training. The bill would redefine "certification" to mean any and all valid and unexpired certificates issued by the commission, as specified. Existing law allows the commission to consider a peace officer's prior conduct and service record in determining whether revocation is appropriate for serious misconduct. The bill would allow the commission to also consider suspension as punishment for serious misconduct. Existing law requires hearings of the board, the review by the commission, administrative adjudications, as specified, and any records introduced during those proceedings to be public. The bill would authorize the Peace Officer Standards Accountability Division to redact these public records, as specified. Existing law requires an agency employing peace officers to report to the commission the employment, appointment, or separation from employment of a peace officer, any complaint, charge, allegation, or investigation into the conduct of a peace officer that could render the officer subject to suspension or revocation, findings by civil oversight entities, and civil judgments that could affect the officer's certification. Existing law requires the commission to maintain the information reported by an agency in a manner that may be accessed by the subject peace officer, among other entities. The bill would authorize the commission to withhold this information from the subject peace officer if disclosure could jeopardize an ongoing investigation, create a risk of any form of harm or injury to a victim or witness, or otherwise create a risk of any form of harm or injury that outweighs the interest in disclosure until the risk of harm or injury is ended or mitigated so that the interest in disclosure is no longer outweighed by the interest in nondisclosure. The bill would also require this information that has been withheld from the subject officer and released by the commission to an agency, as specified, to be kept confidential by the receiving agency. This bill would make other conforming changes. Existing law authorizes the commission to suspend, revoke, or cancel any certification, as specified. This bill would clarify that this authority extends to any certificate or proof of eligibility that is expired, inactive, expired, or canceled. The bill would also allow the commission to cancel any certificate or proof of eligibility that was fraudulently obtained, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. The bill would make legislative findings to that effect.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 397, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2734.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 3141.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Ordered to third reading.

  10. From consent calendar on motion of Assembly Member Bryan.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 16).

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 11). Re-referred to Com. on APPR.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  15. Referred to Com. on PUB. S.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 40. Noes 0. Page 1404.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. Ordered to second reading.

  20. Read third time and amended.

  21. Read second time. Ordered to third reading.

  22. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  23. Set for hearing May 1.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 803.) (April 18). Re-referred to Com. on APPR.

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S.

  26. Set for hearing April 18.

  27. Re-referred to Com. on PUB S.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  29. Referred to Com. on RLS.

  30. From printer. May be acted upon on or after March 16.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Bradford · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Bradford

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB449 Bradford Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 21001
Republican 7000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

SB 449 Bradford Senate Third Reading By Ting

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 46001
Republican 13000
Unaffiliated 18002
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Villapudua — Yea
Jones-Sawyer — Yea
Rendon — Yea
Friedman — Yea
Maienschein — Yea
Ting — Yea
Wood — Yea
Low — Yea
Holden — Yea
Mathis — Yea
McCarty — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Rodriguez — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9001
Republican 3000
Unaffiliated 3000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Not Voting
Soria, Esmeralda Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 7000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 449 do?
Existing law defines "certification" as a valid and unexpired basic certificate or proof of eligibility to serve as a peace officer issued by the Commission on Peace Officer Standards and Training. The bill would redefine "certification" to mean any and all valid and unexpired certificates issued by the commission, as specified. Existing law allows the commission to consider a peace officer's prior conduct and service record in determining whether revocation is appropriate for serious misconduct. The bill would allow the commission to also consider suspension as punishment for serious misconduct. Existing law requires hearings of the board, the review by the commission, administrative adjudications, as specified, and any records introduced during those proceedings to be public. The bill would authorize the Peace Officer Standards Accountability Division to redact these public records, as specified. Existing law requires an agency employing peace officers to report to the commission the employment, appointment, or separation from employment of a peace officer, any complaint, charge, allegation, or investigation into the conduct of a peace officer that could render the officer subject to suspension or revocation, findings by civil oversight entities, and civil judgments that could affect the officer's certification. Existing law requires the commission to maintain the information reported by an agency in a manner that may be accessed by the subject peace officer, among other entities. The bill would authorize the commission to withhold this information from the subject peace officer if disclosure could jeopardize an ongoing investigation, create a risk of any form of harm or injury to a victim or witness, or otherwise create a risk of any form of harm or injury that outweighs the interest in disclosure until the risk of harm or injury is ended or mitigated so that the interest in disclosure is no longer outweighed by the interest in nondisclosure. The bill would also require this information that has been withheld from the subject officer and released by the commission to an agency, as specified, to be kept confidential by the receiving agency. This bill would make other conforming changes. Existing law authorizes the commission to suspend, revoke, or cancel any certification, as specified. This bill would clarify that this authority extends to any certificate or proof of eligibility that is expired, inactive, expired, or canceled. The bill would also allow the commission to cancel any certificate or proof of eligibility that was fraudulently obtained, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. The bill would make legislative findings to that effect.
Who sponsors SB 449?
SB 449 is sponsored by Bradford.
What is the current status of SB 449?
This bill has been enacted into law. Introduced February 13, 2023. Enacted.
Where can I track SB 449?
Track SB 449 free on One Click Politics — get push/email alerts when it moves.

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