AB 1298 California Assembly · 2017-2018 Regular Session

Public safety officers: procedural rights.

Summary
The Public Safety Officers Procedural Bill of Rights Act requires that certain conditions be met when any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action. Existing law also governs the admissibility of testimony and evidence in these actions. This bill would require, when any public safety officer is under investigation and subject to interrogation by his or her commanding officer, or any other member of the employing public safety department, on the allegation of making a false statement, that any administrative finding of the false statement shall require proof based on clear and convincing evidence. The bill would specify that this provision would apply only to allegations of false statements and would not apply to or affect any other allegation or charge against the public safety officer. By imposing these new evidentiary procedure requirements upon local government employers, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2017
Committee Review
Jul 2017
Assembly Passage
May 2017
Senate Passage
Governor
Introduced Feb 17, 2017 Last action Jul 11, 2017
Floor votes · Assembly May 31, 2017

How they voted

575
Passed · 12 other
Total votes 74
May 31, 2017
D Democratic52
39 Yea 4 Nay 9
75% Yea
I Independent1
1 Yea
100% Yea
R Republican21
17 Yea 1 Nay 3
80% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
6
Committee
9
Amendments
3
Jul 11, 2017
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 14, 2017
Committee
Referred to Com. on PUB. S.
upper
May 31, 2017
Assembly · Passed
Assembly Vote: pass (57-5-12)
assembly
May 10, 2017
Lower · Passed
From committee: Do pass. (Ayes 16. Noes 1.) (May 10).
lower
May 3, 2017
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 27, 2017
Committee
Re-referred to Com. on APPR.
lower
Apr 25, 2017
Lower · Passed
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 18).
lower
Apr 18, 2017
Committee
Re-referred to Com. on PUB. S.
lower
Apr 17, 2017
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 30, 2017
Committee
Re-referred to Com. on PUB. S.
lower
Mar 29, 2017
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 13, 2017
Committee
Referred to Com. on PUB. S.
lower
Feb 19, 2017
Lower · Passed
From printer. May be heard in committee March 21.
lower
1 primary · 1 co-sponsor

Sponsors