California Evidence Code 1045 – (a) This article does not affect the right of access to records …
(a) This article does not affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those investigations, concerning an event or transaction in which the peace officer or custodial officer, as defined in § 831.5 of the Penal Code, participated, or which the officer perceived, and pertaining to the manner in which the officer performed the officer’s duties, provided that information is relevant to the subject matter involved in the pending litigation.
(b) In determining relevance, the court shall examine the information in chambers in conformity with Section 915, and shall exclude from disclosure both of the following:
Terms Used In California Evidence Code 1045
- Chambers: A judge's office.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(1) In any criminal proceeding the conclusions of any officer investigating a complaint filed pursuant to § 832.5 of the Penal Code.
(2) Facts sought to be disclosed that are so remote as to make disclosure of little or no practical benefit.
(c) In determining relevance where the issue in litigation concerns the policies or pattern of conduct of the employing agency, the court shall consider whether the information sought may be obtained from other records maintained by the employing agency in the regular course of agency business which would not necessitate the disclosure of individual personnel records.
(d) Upon motion seasonably made by the governmental agency which has custody or control of the records to be examined or by the officer whose records are sought, and upon good cause showing the necessity thereof, the court may make any order which justice requires to protect the officer or agency from unnecessary annoyance, embarrassment or oppression.
(e) The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043, order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law.
(Amended by Stats. 2021, Ch. 402, Sec. 1. (SB 16) Effective January 1, 2022.)