Mandated Disclosures - SB 1421, SB 16

SB 1421

Senate Bill No. 1421 (SB 1421), effective Jan. 1, 2019, requires certain peace officer and custodial officer personnel records and records relating to specific incidents, complaints, and investigations be made available for public inspection pursuant to the California Public Records Act. Those subject to disclosure are limited to certain specified records, which include the following:

  1. An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
  2. An incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury.
  3. An incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public.
  4. An incident in which a sustained finding was made, by any law enforcement agency or oversight agency, of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime. Or directly relating to the reporting or investigation of misconduct by another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence.

Records

In regards to SB 1421, the San Diego State University Police Department (UPD) has no responsive data.

SB 16 

Senate Bill No. 16 (SB 16), effective Jan. 1, 2022, amended sections of the Penal Code to expand publication of peace officer and custodial officer records relating to the report, investigation, or findings of any of the following:

  1. A sustained finding involving a complaint that alleges unreasonable or excessive force.
  2. A sustained finding that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive.
  3. Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency involving dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any false statements, filing false reports, destruction, falsifying, or concealing of evidence, or perjury. 
  4. Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
  5. Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that the peace officer made an unlawful arrest or conducted an unlawful search.

Records

In regards to SB 16, the San Diego State University Police Department (UPD) has no responsive data.