Senate Bill 1019 Gets Held in Assembly Public Safety Committee

Bill fails to get a motion

Source: Coby Pizzotti

Date: 6/27/2007

Update:

As a special order of business this week in the Assembly’s Public Safety Committee, Senate Bill 1019 failed to receive a motion to be considered for passage. This highly controversial bill struck the ire of many public safety professionals by trying abrogate the Copley Press decision handed down by the Supreme Court last year. This bill authored by Senator Romero had about an hour and a half worth of testimony given by both the supporters and opponents of the measure. Senator Romero was asked by Chairman Solorio if she would like more time to work with public safety professionals to craft some language that would be amenable to both parties. Romero replied to the offer, “NO, I would like a vote today….” With that Chairman Solorio asked for a motion on the bill yet the room remained silent. Solorio continued to say without a motion and a second the bill will remain in committee. The bill is not official dead for the year, Senator Romero can request the bill be taken up again; however, for all intents and purposes this bill will not see the light of day again until next year.

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Last year, the California Supreme Court ruled in Copley v Superior Court that neither the media nor members of the public may have access to police disciplinary hearings or records filed at the administrative level, a decision with a long pedigree from the U.S. Supreme Court in its 30-year-old Garrity v State of New Jersey decision.

Senate Bill 1019 seeks to effectively reverse the court’s decision and give criminals and TV cameras access to previously confidential information on peace officers, and that includes CSLEA-member state investigators and police officers.

“This bill would state the intent of the Legislature to abrogate the California Supreme Court decision in Copley Press, Inc. v Superior Courtand to restore public access to meetings and hearings regarding peace officer discipline that were open prior to the Copley Press decision … provide that notwithstanding specified statutory provisions or the holding in Copley Press v Superior Court, any city, county, city and county, or other local government entity that employs peace officers, or any state agency or state department,before the Copley Press decision with respect to the release of limited information regarding certain personnel investigations,” states Senate Bill 1019. [CSLEA emphasis added.]

According to a June 5, Los Angeles Times report, “The police records measure, SB 1019, passed with the minimum number of votes, but with unusual bipartisan support. Four Senate Republicans joined 17 Democrats in favor. One Democrat, Lou Correa of Santa Ana, sided with nine Republicans in opposition. Eight senators who were present in the Senate on Monday did not vote.”

“CSLEA would like to praise those Senators who recognize the ramifications of SB 1019 and voted ‘No’on this bill,” said Alan Barcelona, CSLEA president. “These members of the Senate understand that peace officers are forced to make life-and-death decisions in split seconds and realize that this kind of charged responsibility is taken by only the finest men and women who have sworn an oath to protect and serve the citizenry.”

The bill passed the state Senate just four days before the Friday deadline for bills to pass their house of origin or die. SB 1019 is now in the state Assembly.

Barcelona, a sworn peace officer himself said, “When you have two Supreme Court decisions upholding the legality and probity of a procedure, I don’t believe that this legislation is necessary. It only puts our public safety professionals at risk by opening up confidential records about peace officers. This bill would expose peace officers and their families to potential retribution from someone reacting to only fragments of information, instead of the whole story as revealed over time.”

Barcelona said the federal government and states have long recognized that peace officers do more dangerous jobs than other public employees and have long accorded them a modicum of added protection. “A peace officer must live constantly under the vengeful threats of murderers, rapists, and a variety of other felons, who would love nothing better than to jump on one little thing coming out of an administrative hearing,” he said.

CSLEA sent thank you letters to all 11 senators for their support for law enforcement. A copy of one is attached.

A partial list of the law-enforcement organizations united in opposition to SB 1019 includes:

American Federation of State, County, and Municipal Employees (AFSCME)
California State Sheriffs’ Association
California Police Chiefs’ Association
California Peace Officers’ Association
Association for Los Angeles Deputy Sheriffs (ALADS)
California Association of Highway Patrolmen (CAHP)
California Correctional Peace Officers’ Association (CCPOA)
California Narcotics Officers’ Association (CNOA)
California Coalition of Law Enforcement Associations (CCLEA)
California School Employees Association (CSEA)
California Statewide Law Enforcement Association (CSLEA)
California Fraternal Order of Police (CFOP)
California State Firefighters’ Association (CSFA)
Los Angeles Probation Union , AFSCME, Local 685
Los Angeles Professional Peace Officers Association (POPA)
Los Angeles Police Protective League (LAPPL)
Long Beach Police Officers Association
Peace Officers’ Research Association of California (PORAC)
San Bernardino Public Employees Association (SBPCA)
San Francisco Police Officers Association
San Jose Police Officers Association
Santa Ana Police Officers Association
Southern California Alliance of Law Enforcement (SCALE)

Downloads:  

Thank you letter SB 1019 Correa.pdf