(a) Notwithstanding § 19635 of the Government Code, or any other law, any public agency that employs peace officers shall investigate, or cause to be investigated by the appropriate oversight agency, any internal complaint or complaint from a member of the public that alleges, with sufficient particularity to investigate the matter, that a peace officer employed by that agency has in the previous seven years and since 18 years of age, engaged in membership in a hate group, participation in any hate group activity or advocacy of any public expressions of hate.

(b) The agency shall remove from appointment as a peace officer, any peace officer against whom a complaint described in subdivision (a) is sustained.

Terms Used In California Penal Code 13682

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7

(c) The Department of Justice shall adopt and promulgate guidelines for the investigation and adjudication of complaints described in subdivision (a) by a public agency or oversight agency.

(d) Nothing in this section authorizes or requires adverse action to be taken against any peace officer who engages in any activities described in subdivision (a) as part of any undercover assignment in the course of their employment as a peace officer, or in any undercover work as part of any bona fide academic or journalistic research.

(Added by Stats. 2022, Ch. 854, Sec. 1. (AB 655) Effective January 1, 2023.)

  Previous section
Next section  
 Title 4.9 Contents