Law enforcement: settlement agreements.

Assembly Member Bryan's legislation prohibits law enforcement agencies from entering settlement agreements that conceal officer misconduct records while expanding reporting requirements for peace officer separations and disciplinary actions. The bill amends the Penal Code to void any agreement requiring agencies to destroy, remove or restrict disclosure of misconduct investigation records.

Under the amended provisions, agencies must report to the Commission on Peace Officer Standards and Training within 10 days when officers separate from employment, face misconduct complaints, or receive findings from civilian oversight bodies that could lead to certification suspension. For separations occurring after January 2023, agencies must document whether the departure was part of resolving any criminal, civil or administrative matter. Officers may submit their own account of the separation to the Commission.

The legislation also requires agencies to report qualifying events that occurred between January 2020 and January 2023, even if covered by previous settlement agreements. Records subject to disclosure include investigation reports, evidence, interview transcripts, findings documents, and disciplinary records. While agencies may redact certain personal or safety-sensitive information, they cannot withhold records based on agreements that conflict with these transparency requirements.

The Commission will maintain reported information for access by the subject officer, employing agencies, and those conducting pre-employment background checks. Notifications must be provided to agency heads regarding certification investigations, findings and actions. The bill includes protections against civil liability for agencies and the Commission when providing information in good faith.