§ 1045. — 1045. (Amended by Stats. 2021, Ch. 402, Sec. 1.)

California § 1045.

• Jurisdiction: California
• Code EVID: Evidence Code - EVID
• Div. 8.: DIVISION 8. PRIVILEGES
• Ch. 4.: CHAPTER 4. Particular Privileges
• Art. 9.: ARTICLE 9. Official Information and Identity of Informer

Text

(a)
This article does not affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those investigations, concerning an event or transaction in which the peace officer or custodial officer, as defined in Section 831.5 of the Penal Code, participated, or which the officer perceived, and pertaining to the manner in which the officer performed the officer’s duties, provided that information is relevant to the subject matter involved in the pending litigation.
(b)
In determining relevance, the court shall examine the information in chambers in conformity with Section 915, and shall exclude
from disclosure both of the following:
(1)
In any criminal proceeding the conclusions of any officer investigating a complaint filed pursuant to Section 832.5 of the Penal Code.
(2)
Facts sought to be disclosed that are so remote as to make disclosure of little or no practical benefit.
(c)
In determining relevance where the issue in litigation concerns the policies or pattern of conduct of the employing agency, the court shall consider whether the information sought may be obtained from other records maintained by the employing agency in the regular course of agency business which would not necessitate the disclosure of individual personnel records.
(d)
Upon
motion seasonably made by the governmental agency which has custody or control of the records to be examined or by the officer whose records are sought, and upon good cause showing the necessity thereof, the court may make any order which justice requires to protect the officer or agency from unnecessary annoyance, embarrassment or oppression.
(e)
The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043, order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law.

Legislative History

Amended by Stats. 2021, Ch. 402, Sec. 1. (SB 16) Effective January 1, 2022.