Discovery: personnel records: peace officers and custodial officers.
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AB 1600 — Discovery: personnel records: peace officers and custodial officers.
Last action — Chaptered by Secretary of State - Chapter 585, Statutes of 2019.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 5 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
(1) Existing law provides discovery procedures for peace or custodial officer personnel records, and other records pertaining to peace or custodial officers, as specified. Existing law requires the party seeking the discovery or disclosure to file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records according to times prescribed under other provisions of law. This bill would limit the written notice requirement with respect to motions pertaining to the discovery of peace or custodial officer personnel records to civil actions. The bill would prescribe an accelerated timeframe for requesting peace or custodial officer personnel records in criminal actions. The bill would require written notice to be served and filed at least 10 court days before the appointed hearing, all papers opposing a motion to be filed with the court at least 5 court days before the hearing, and all reply papers to be filed at least 2 court days before the hearing. The bill would also require proof of service of the notice to be filed no later than 5 court days before the hearing. (2) Existing law prohibits the disclosure of records of peace officers or custodial officers, including supervisorial officers, who either were not present during an arrest or had no contact with the party seeking disclosure from the time of the arrest until the time of booking, or who were not present at the time the conduct at issue is alleged to have occurred within a jail facility. This bill would create an exception to the above prohibition by permitting the disclosure of records of a supervisorial officer if the supervisorial officer issued command directives or had command influence over the circumstances at issue and had direct oversight of a peace officer or a custodial officer who was present during the arrest, had contact with the party seeking disclosure from the time of the arrest until the time of booking, or was present at the time the conduct at issue is alleged to have occurred within a jail facility.
Bill Text
- Chaptered 10/08/19 - Chaptered Current pdf October 08, 2019
- Enrolled 09/17/19 - Enrolled pdf September 17, 2019
- Amended 09/04/19 - Amended Senate pdf September 04, 2019
- Amended 06/28/19 - Amended Senate pdf June 28, 2019
- Introduced 02/22/19 - Introduced pdf February 22, 2019
- AB1600 View text html
Action History
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Chaptered by Secretary of State - Chapter 585, Statutes of 2019.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 42. Noes 28. Page 3411.).
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Assembly Rule 77 suspended. (Page 3370.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 12 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 14. Page 2773.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 6. Noes 1.) (July 9).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
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In committee: Hearing postponed by committee.
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In committee: Hearing postponed by committee.
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Referred to Com. on PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 27. Page 1789.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 6. Noes 1.) (April 9).
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Referred to Com. on PUB. S.
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Read first time.
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From printer. May be heard in committee March 25.
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Introduced. To print.
Sponsors
- Ash Kalra · Primary
- Bradford · Cosponsor
- Mark Stone · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on · 22 voted No
Sponsors (1)
- Kalra, Ash Democratic
Co-sponsors (2)
- Bradford
- Mark Stone Voted No
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 16 | 0 | 6 |
| Democratic | 12 | 7 | 0 | 3 |
| Republican | 0 | 5 | 0 | 0 |
| Total | 42 | 28 | 0 | 9 |
| % of votes cast | 53% | 35% | 0% | 11% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Mullin | — | Yea |
| Friedman | — | Yea |
| Ting | — | Yea |
| Kamlager-Dove | — | Yea |
| Levine | — | Yea |
| Burke | — | Yea |
| Wood | — | Yea |
| Medina | — | Yea |
| Rendon | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Weber | — | Yea |
| Salas | — | Nay |
| Fong | — | Nay |
| Brough | — | Nay |
| Kiley | — | Nay |
| Mathis | — | Nay |
| Frazier | — | Nay |
| Bigelow | — | Nay |
| Diep | — | Nay |
| Voepel | — | Nay |
| Obernolte | — | Nay |
| Gray | — | Nay |
| Low | — | Nay |
| Chu | — | Nay |
| Melendez | — | Nay |
| Waldron | — | Nay |
| Nazarian | — | Not Voting |
| Cooper | — | Not Voting |
| Santiago | — | Not Voting |
| Daly | — | Not Voting |
| Smith | — | Not Voting |
| Maienschein | — | Not Voting |
| Mayes | — | Yea |
| Cooley | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Chau | — | Yea |
| Gloria | — | Yea |
| Bloom | — | Yea |
| Rodriguez | — | Yea |
| Chiu | — | Yea |
| Holden | — | Yea |
| Eggman | — | Yea |
| Jones-Sawyer | — | Yea |
| Quirk | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Nay |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Nay |
| Gabriel, Jesse | Democratic | Not Voting |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Not Voting |
| Irwin, Jacqui | Democratic | Nay |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Nay |
| Petrie-Norris, Cottie | Democratic | Nay |
| Quirk-Silva, Sharon | Democratic | Nay |
| Ramos, James C. | Democratic | Nay |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Not Voting |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Nay |
| Choi, Steven S. | Republican | Nay |
| Flora, Heath | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 8 | 0 | 0 |
| Democratic | 7 | 3 | 0 | 0 |
| Republican | 0 | 3 | 0 | 0 |
| Total | 26 | 14 | 0 | 0 |
| % of votes cast | 65% | 35% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Rubio | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Wilk | — | Yea |
| Beall | — | Yea |
| Atkins | — | Yea |
| Roth | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Dodd | — | Yea |
| Moorlach | — | Yea |
| Skinner | — | Yea |
| Allen | — | Yea |
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Pan | — | Yea |
| Borgeas | — | Nay |
| Galgiani | — | Nay |
| Bates | — | Nay |
| Glazer | — | Nay |
| Morrell | — | Nay |
| Nielsen | — | Nay |
| Chang | — | Nay |
| Mark Stone | — | Nay |
| Archuleta, Bob | Democratic | Nay |
| Caballero, Anna M. | Democratic | Nay |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Nay |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 6 | 1 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Moorlach | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Morrell | — | Nay |
| Jackson, Corey A. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 13 | 0 | 4 |
| Democratic | 14 | 7 | 0 | 4 |
| Republican | 0 | 7 | 0 | 0 |
| Total | 45 | 27 | 0 | 8 |
| % of votes cast | 56% | 34% | 0% | 10% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Mayes | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Chau | — | Yea |
| Gloria | — | Yea |
| Bloom | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Chiu | — | Yea |
| Holden | — | Yea |
| Eggman | — | Yea |
| Maienschein | — | Yea |
| Jones-Sawyer | — | Yea |
| Quirk | — | Yea |
| Mullin | — | Yea |
| Friedman | — | Yea |
| Ting | — | Yea |
| Kamlager-Dove | — | Yea |
| Levine | — | Yea |
| Nazarian | — | Yea |
| Burke | — | Yea |
| Wood | — | Yea |
| Medina | — | Yea |
| Rendon | — | Yea |
| Chu | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Weber | — | Yea |
| Salas | — | Nay |
| Brough | — | Nay |
| Kiley | — | Nay |
| Mathis | — | Nay |
| Frazier | — | Nay |
| Bigelow | — | Nay |
| Voepel | — | Nay |
| Obernolte | — | Nay |
| Gray | — | Nay |
| Low | — | Nay |
| Cooper | — | Nay |
| Melendez | — | Nay |
| Waldron | — | Nay |
| Daly | — | Not Voting |
| Cooley | — | Not Voting |
| Diep | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Not Voting |
| Mark Stone | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Not Voting |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Nay |
| Fong, Mike | Democratic | Nay |
| Gabriel, Jesse | Democratic | Not Voting |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Nay |
| Irwin, Jacqui | Democratic | Nay |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Not Voting |
| Petrie-Norris, Cottie | Democratic | Nay |
| Quirk-Silva, Sharon | Democratic | Nay |
| Ramos, James C. | Democratic | Nay |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Not Voting |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Nay |
| Choi, Steven S. | Republican | Nay |
| Dahle, Megan | Republican | Nay |
| Flora, Heath | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Patterson, Joe | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 6 | 1 | 0 | 1 |
| % of votes cast | 75% | 13% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Santiago | — | Yea |
| Kamlager-Dove | — | Yea |
| Quirk | — | Yea |
| Jones-Sawyer | — | Yea |
| Diep | — | Not Voting |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Lackey, Tom | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 1600 do?
- (1) Existing law provides discovery procedures for peace or custodial officer personnel records, and other records pertaining to peace or custodial officers, as specified. Existing law requires the party seeking the discovery or disclosure to file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records according to times prescribed under other provisions of law. This bill would limit the written notice requirement with respect to motions pertaining to the discovery of peace or custodial officer personnel records to civil actions. The bill would prescribe an accelerated timeframe for requesting peace or custodial officer personnel records in criminal actions. The bill would require written notice to be served and filed at least 10 court days before the appointed hearing, all papers opposing a motion to be filed with the court at least 5 court days before the hearing, and all reply papers to be filed at least 2 court days before the hearing. The bill would also require proof of service of the notice to be filed no later than 5 court days before the hearing. (2) Existing law prohibits the disclosure of records of peace officers or custodial officers, including supervisorial officers, who either were not present during an arrest or had no contact with the party seeking disclosure from the time of the arrest until the time of booking, or who were not present at the time the conduct at issue is alleged to have occurred within a jail facility. This bill would create an exception to the above prohibition by permitting the disclosure of records of a supervisorial officer if the supervisorial officer issued command directives or had command influence over the circumstances at issue and had direct oversight of a peace officer or a custodial officer who was present during the arrest, had contact with the party seeking disclosure from the time of the arrest until the time of booking, or was present at the time the conduct at issue is alleged to have occurred within a jail facility.
- Who sponsors AB 1600?
- AB 1600 is sponsored by Kalra, Ash (Democratic), Bradford, and Mark Stone.
- What is the current status of AB 1600?
- This bill has been enacted into law. Introduced February 22, 2019. Enacted.
- Where can I track AB 1600?
- Track AB 1600 free on One Click Politics — get push/email alerts when it moves.
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