Mandated Disclosures

The Sacramento State Police Department is required by state and local laws to disclose certain records. For victim privacy, parts of records may be redacted.

The California Legislature mandates the redaction of public records according to Penal Code § 832.7(b)(5). Information contained within these records is often sensitive, confidential, and personal in nature. The law directs the Sacramento State PD to redact information in the record for the following reasons (not an inclusive list):

• To remove personal data from the record.
• To preserve the anonymity of complainants and witnesses.
• To protect confidential medical, financial, or other information prohibited by federal law or cause unwarranted invasion of personal privacy.
• Where there is specific, articulable, and particularized reason to believe the disclosure of the information would pose a significant danger to the safety of the peace officer, custodial officer, or any other person.
• Where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.

ASSEMBLY BILL NO. 481 MILITARY – EQUIPMENT USE

California Assembly Bill (AB) 481 requires California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body prior to taking certain actions related to the funding, acquisition, or use of military equipment as defined by the legislature.

The CSU Board of Trustees is the governing body for the twenty-three CSU Police Departments.

AB 481 states no later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section.

If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section.

In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

Sacramento State PD’s Regulated Equipment and Tools policy can be found in the Sacramento State PD’s policy manual. The policy, full inventory and the text of AB 481 has been published on this website 30 days prior to a public meeting to meet the requirements of AB 481.

Members of the public are encouraged to contact Sacramento State PD at police@csus.edu with any questions or concerns.

Regulated Equipment Inventory
Sacramento State PD does not have in its possession, nor does it utilize, any equipment procured from the United States Department of Defense through the Law Enforcement Support Program.

Sacramento State PD also does not have any equipment in inventory identified under AB 481.

Sac State PD policy manual

SENATE BILL 1421 RELEASES

Effective January 1, 2019, SB 1421 amended sections of the Penal Code which generally made all peace officer personnel records and information confidential and exempt from disclosure, except by motion in a criminal, civil, or administrative action.

SB 1421 created exceptions that allow the public to obtain peace officer and custodial officer records relating to the report, investigation, or findings of:

• An incident involving the discharge of a firearm at a person by a peace officer or custodial officer
• An incident in which the use of force by a peace officer or custodial officer against a person resulted in death, or in great bodily injury.
• 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 a sexual assault involving a member of the public.
  • As used in this subparagraph, “sexual assault” means the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority. For purposes of this definition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault.
  • As used in this subparagraph, “member of the public” means any person not employed by the officer’s employing agency and includes any participant in a cadet, explorer, or other youth program affiliated with the agency.
• Any record relating to 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 of, 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.

ASSEMBLY BILL 748

Existing law, the California Public Records Act, requires that public records, as defined, be available to the public for inspection and made promptly available to any person. Existing law makes records of investigations conducted by any state or local police agency exempt from these requirements. Existing law requires specified information regarding the investigation of crimes to be disclosed to the public unless disclosure would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation.

This bill, commencing July 1, 2019, allows a video or audio recording that relates to a critical incident, as defined, to be withheld for 45 calendar days if disclosure would substantially interfere with an active investigation, subject to extensions, as specified. The bill allows the recording to be withheld if the public interest in withholding video or audio recording clearly outweighs the public interest in disclosure because the release of the recording would, based on the facts and circumstances depicted in the recording, violate the reasonable expectation of privacy of a subject depicted in the recording, in which case the bill allows the recording to be redacted to protect that interest. If the agency demonstrates that the reasonable expectation of privacy of a subject depicted in the recording cannot adequately be protected through redaction, the bill requires that the recording be promptly disclosed to a subject of the recording, his or her parent, guardian, or representative, as applicable, or his or her heir, beneficiary, immediate family member, or authorized legal representative, if deceased.

For purposes of this paragraph, a video or audio recording relates to a critical incident if it depicts any of the following incidents:

• An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
• An incident in which the use of force by a peace officer or custodial officer against a person resulted in death or in great bodily injury.