Crime

Law Would Allow Public to View Records of Police Misconduct

Published

10 years ago

February 22, 2016

In an effort to improve transparency, accountability and trust between law enforcement and the public, CA Senator Mark Leno has introduced SB 1286, a bill allowing greater public access to peace officer records related to serious uses of force and sustained charges of misconduct.

Assemblymember Mark Leno. Photo by Luke Thomas.

“California is behind the times when it comes to providing transparency in law enforcement records,” said Senator Leno, D-San Francisco.

“The public has a right to know when officers apply deadly force and when serious cases of misconduct have been confirmed,” he said. ”Failing to disclose such important information can fuel mistrust within our communities and threaten public safety.”

While California statutes and case law prevent the disclosure of most peace officer records, states such as Texas, Kentucky, Utah, and several others, make information available to the public when an allegation of misconduct has been confirmed.

At least 10 other states, including Florida, Ohio and Washington, also make these same records public regardless of whether the incident has been confirmed.

“California is among a minority of states that makes police disciplinary records confidential,” said San Francisco District Attorney George Gascón. “If the public can’t determine whether an officer has been disciplined they can’t assess if accountability mechanisms are working.”

A recent Pew Research Center poll found that only 30 percent of Americans, and just 10 percent of African Americans, believe law enforcement agencies are doing a good or excellent job of holding officers accountable for misconduct.

Separate polling data shows that nearly 80 percent of Californians believe the public should have access to the findings of police misconduct.

“Police can’t earn the public’s trust when there is a wall of secrecy shielding how departments address misconduct and when they allow officers to use deadly force,” said Peter Bibring, director of police practices for the American Civil Liberties Union of California. “Providing greater transparency in state law is crucial to holding police accountable to the communities they serve, which is an important first step in improving public trust – particularly with communities of color.”

In addition to increasing access to records related to uses of force and confirmed misconduct, SB 1286 gives residents who file complaints alleging misconduct access to information related to those complaints.

The bill also allows local governments to determine whether public hearings and administrative appeals should be held on allegations of peace officer misconduct. Additionally, it aims to balance the needs of public disclosure and individual privacy by allowing courts to withhold records if there is a risk or danger to an officer or another person.

Alice Huffman

“We are still at the back of the bus in areas of criminal justice,” said Alice A. Huffman, president of the California-Hawaii State Conference of NAACP.

“Every day we are still being victimized,” she said. “Police misconduct and racial injustice is at an all-time high in our country and one has to wonder just what did the civil rights movement accomplish. That’s why the California-Hawaii State Conference of the NAACP stands with Senator Leno on this very timely bill.”

“This bill will allow Californians to see how law enforcement agencies handle confirmed cases of misconduct and help eliminate the public’s doubts and suspicions that have recently plagued the state’s law enforcement agencies,” said Jim Ewert, general counsel of the California Newspaper Publishers Association.

SB 1286 will be heard in Senate policy committees this spring.

San Francisco Public Defender Jeff Adachi supports the bill.

The Conference of California Bar Associations (CCBA) also backed the Leno’s measure.

“Current law, as interpreted by the Copley Press decision, prevents the public from knowing the depth and extent of misconduct and discipline of police and correctional officers,” said Larry Doyle, Legislative Representative for CCBA.

“This undermines public efforts to achieve police accountability and to deter future misconduct,” he said. “But it also undermines public trust in law enforcement by perpetuating the belief that misconduct is so pervasive that it must be completely shielded from the public eyes.”

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Gov. Newsom, AG Bonta to Local Law Enforcement: You Have Authority to Investigate Federal Agents

The guidance, released by the California Department of Justice (DOJ), emphasizes that local and state police have concurrent jurisdiction in cases involving federal officers and are not required to defer to federal investigations. The bulletin follows recent federal officer-involved shooting deaths in Minnesota and California.

Published

7 minutes ago

February 10, 2026

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By Bo Tefu, California Black Media

Gov. Gavin Newsom and California Attorney General Rob Bonta issued a bulletin Jan. 27 reminding state and local law enforcement agencies that they have the authority to investigate potential violations of state law committed by federal agents, even when federal authorities do not cooperate.

The bulletin states that federal and state law enforcement have long worked together on investigations that can result in both federal and state charges, but recent actions by the federal government have raised concerns about obstruction and a lack of transparency. California officials say those developments require state and local agencies to be prepared to assert their legal authority.

“Especially when a fatal shooting occurs, no one should be allowed to rush in, seize evidence, and control the narrative before state and local law enforcement have lawful access,” said Newsom. “Transparency isn’t a talking point; it’s a legal and moral requirement.”

Bonta said federal agents do not have absolute immunity from state criminal prosecution and warned against claims suggesting otherwise.

“Let there be no question: State and local law enforcement in California have authority to investigate potential violations of state law, even when those violations are committed by federal agents,” said Bonta. “Federal courts have long recognized that federal agents do not have absolute immunity from state law prosecution.”

The bulletin advises agencies that states have primary authority to investigate and prosecute violations of state criminal law, including cases involving federal officers. It also notes that the California DOJ is available to assist local agencies and can seek court orders to preserve evidence or secure access to crime scenes if needed.

California officials pointed to a Minnesota case in which a Trump-appointed federal judge ordered the federal government not to destroy evidence amid allegations that federal authorities interfered with a state investigation into a fatal shooting involving a federal officer.

The move comes amid broader legal battles between California and the Trump administration over federal law enforcement practices. In recent months, Bonta has led or joined court filings challenging federal deployments and enforcement actions, while Newsom has opposed what state leaders describe as unlawful federal overreach.

The DOJ encouraged Californians to report alleged misconduct by federal agents through its online reporting portal, saying the state stands ready to investigate and, where warranted, pursue charges under the California Penal Code.

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Activism

Cracking Down on Human Trafficking, California DOJ Announces 120 Arrests

According to the California DOJ, 87 arrests were made for loitering, 25 for solicitation, and eight for pimping and pandering. Officials said the operation focused on reducing demand for commercial sexual exploitation while prioritizing a survivor-centered approach.

Published

27 minutes ago

February 10, 2026

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By Bo Tefu, California Black Media

The California Department of Justice (DOJ) announced on Jan. 26 that 120 people were arrested during a coordinated, multi-county law enforcement operation aimed at disrupting human trafficking and connecting survivors with support services.

The arrests stem from Operation Stand On Demand, a six-day effort conducted from Jan. 19 through Jan. 24 across San Diego, Sacramento, Tulare, and Fresno counties. It involved more than a dozen state and local law enforcement agencies working together to target individuals involved in sex trafficking, including traffickers and buyers.

“This operation reflects an ongoing commitment by California law enforcement to target those who fuel trafficking and exploitation,” said Attorney General Rob Bonta.

“It’s a coordinated, multi-county law enforcement effort focused on disrupting sex trafficking, holding perpetrators accountable, and connecting survivors with support,” said Bonta.

San Diego County accounted for the majority of enforcement activity during the operation. District Attorney Summer Stephan said law enforcement agencies worked around the clock to identify and arrest individuals attempting to purchase sex.

“Our officers, in less than one week during this operation, took action, not words, by working around the clock and arresting and citing 105 people who thought that they were going to go out and buy a human being like they’re a hamburger or a slice of pizza,” Stephan said.

San Diego County Sheriff Kelly Martinez chimed in.

“Communities like Santee and San Marcos, which were part of this operation, face unique vulnerabilities tied to transportation routes, student populations, and employment opportunities,” she said.

Bonta said the arrests are part of broader statewide efforts to combat human trafficking. Since 2021, the Attorney General’s Office said its human trafficking task forces have led to more than 900 arrests and connected more than 1,000 survivors to services and resources.

“Human trafficking is a complex, devastating crime, but when we work together, we can make a real difference, and this operation is proof positive of that fact,” Bonta said.

California DOJ officials said similar operations will continue as part of the state’s ongoing strategy to combat human trafficking and protect vulnerable communities.

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Activism

Black Caucus Members Join Legislative Democrats to Condemn Fatal Shootings by Federal Agents

Lawmakers expressed concern and outrage over the killings of Alex Pretti, a Veterans Affairs ICU nurse, and Renee Nicole Good, a poet, writer, and mother of three. Sen. Laura Richardson (D–San Pedro) spoke on behalf of the CLBC, criticizing federal immigration enforcement practices and calling for accountability.

Published

1 hour ago

February 10, 2026

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Sen. Laura Richardson (D San Pedro) spoke on behalf of the California Legislative Black Caucus at a Jan. 26 news conference condemning the fatal shooting of Minneapolis nurse Alex Pretti and other civilians by federal immigration agents, including U.S. Customs and Border Protection and ICE, in Minneapolis, Minnesota. (Screenshot)

By Antonio Ray Harvey, California Black Media

Led by Assembly Speaker Robert Rivas (D–Salinas) and Senate President Pro Tem Monique Limón (D–Santa Barbara), California Democratic lawmakers, including members of the California Legislative Black Caucus (CLBC), held a news conference in Sacramento on Jan. 26 to address recent fatal shootings of civilians by federal immigration agents in Minnesota and California.

Lawmakers expressed concern and outrage over the killings of Alex Pretti, a Veterans Affairs ICU nurse, and Renee Nicole Good, a poet, writer, and mother of three.

Sen. Laura Richardson (D–San Pedro) spoke on behalf of the CLBC, criticizing federal immigration enforcement practices and calling for accountability.

Richardson, who said she was previously married to a police officer, argued that Immigration and Customs Enforcement (ICE) and U.S. Border Patrol agents are not “making sure lawful activity is occurring.” She invoked the words of civil rights leader Dr. Martin Luther King Jr. to condemn what she described as public silence in the face of injustice.

“We are Californians. We are Americans, and we will not be silent. We will be here every time, every day, until this stops,” Richardson said.

Assemblymember Mark González (D–Los Angeles) recalled the names of people who were allegedly shot in January during enforcement operations involving ICE or U.S. Border Patrol agents.

On New Year’s Eve, Keith Porter Jr., 43, was allegedly shot and killed by an off-duty ICE agent in Northridge, Los Angeles. Authorities said the confrontation occurred outside an apartment complex after the agent alleged Porter fired celebratory gunshots into the air.

“What’s been happening there is not isolated. It’s part of a dangerous pattern of federal power turning inward on the people it claims to serve,” González said.

Following the news conference, Democratic lawmakers announced a slate of legislative proposals to increase oversight and limit state law enforcement’s involvement in federal immigration enforcement.

During the briefing, Rivas described the fatal incidents as an “assault on the American right to life” and characterized federal agents’ actions as a form of “out-of-control violence.”

On Jan. 6, Assemblymember Isaac Bryan (D–Ladera Heights) introduced Assembly Bill 1537, titled “Peace Officers: Secondary Employment.” The bill would prohibit California peace officers from taking secondary employment, contract work, or volunteer roles with the U.S. Department of Homeland Security (DHS), its contractors, or any entity involved in immigration enforcement.

“Right now, California’s law enforcement officers can take second jobs with ICE,” Bryan, a member of the CLBC, wrote in a Jan. 27 Instagram post. “AB 1537