Discovery: personnel records: peace officers and custodial officers.

(1) Existing law provides discovery procedures for peace or custodial officer personnel records, and other records pertaining to peace or custodial officers, as specified. Existing law requires the party seeking the discovery or disclosure to file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records according to times prescribed under other provisions of law. This bill would limit the written notice requirement with respect to motions pertaining to the discovery of peace or custodial officer personnel records to civil actions. The bill would prescribe an accelerated timeframe for requesting peace or custodial officer personnel records in criminal actions. The bill would require written notice to be served and filed at least 10 court days before the appointed hearing, all papers opposing a motion to be filed with the court at least 5 court days before the hearing, and all reply papers to be filed at least 2 court days before the hearing. The bill would also require proof of service of the notice to be filed no later than 5 court days before the hearing. (2) Existing law prohibits the disclosure of records of peace officers or custodial officers, including supervisorial officers, who either were not present during an arrest or had no contact with the party seeking disclosure from the time of the arrest until the time of booking, or who were not present at the time the conduct at issue is alleged to have occurred within a jail facility. This bill would create an exception to the above prohibition by permitting the disclosure of records of a supervisorial officer if the supervisorial officer issued command directives or had command influence over the circumstances at issue and had direct oversight of a peace officer or a custodial officer who was present during the arrest, had contact with the party seeking disclosure from the time of the arrest until the time of booking, or was present at the time the conduct at issue is alleged to have occurred within a jail facility.