SB 16Rohnert Park Department of Public Safety
Training Bulletin Senate Bill 16
Topic: Senate Bill 16
Summary: SB 16, signed September 30, 2021 added and modified existing California legislation related to the retention of records associated with Peace Officers and Use of Force.
On September 30, 2021, Governor Newson signed SB 16 into law. The provisions in SB 16 took effect on January 1, 2022. SB 16 added or modified the following:
Amended Penal Code Section 832.5:
This penal code requires retention of complaints against peace officers for designated periods of time
Amended pendal code section 832.7
Added that the following records shall not be confidential and shall be made publically available:
Incidents involving use of force by a peace officer that result in death or GBI
Sustained findings of unreasonable or excessive force
Sustained finding on failure to intervene
Unlawful arrests and unlawful searches
Incidents where an officer resigns before an investigtion is complete
"Any record relating to an incident in which a sustained finding was made by 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.
It's important for officers to undersand the impact their online behavior can have on their personal and professional lives. If you participate in an online conversation that has any of the charcteristics listed in this new amendment, you may be subject to an investigation that is publicly released.
Creates penal code section 832.13
This new penal code requires officers to immediately report all uses of force to the officer's agency. Sometimes, officers can be involved in an incident where they aren't sure if their actions would be considered a use of force.
Moving forward, best practice to complete a use of force report to ensure you stay in compliance with this law.