Assembly Bill 3434 (House – 1996)
Chapter 1108, Statutes of 1996 - AB 3434
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Penal Code section 832.5 was amended with the legislative enactment of Assembly Bill 3434 of 1996. (See Exhibit #1g) Assembly Bill 3434 was introduced on February 23, 1996 by Assembly member George House, reportedly for the California Organization of Police and Sheriffs. (See Exhibit #1a and #8) The bill was a single section measure only affecting Penal Code section 832.5. (See Exhibit #1g)
Assembly Bill 3434 was assigned to the Assembly Committee on Public Safety and the Senate Committee on Criminal Procedure where policy issues raised by the bill were considered. (See Exhibits #3 and #8) The fiscal ramifications of the bill were considered by the Assembly Committee on Appropriations and the Senate Committee on Appropriations. (See Exhibits #4 and #10) Five amendments were made to Assembly Bill 3434. (See Exhibits #1b through #1f and #2) Subsequent to legislative approval, Governor Pete Wilson signed the bill on September 29, 1996, and it was recorded by the Secretary of State on September 30, 1996 as Chapter 1108 of the Statutes of 1996. (See Exhibits #1g and #2)
The Third Reading Analysis of the Office of Senate Floor Analyses prepared for Assembly Bill 3434 as last amended on August 26, 1996 provides this digest:
The bill requires that complaints against peace officers by members of the public that are determined to be frivolous conduct shall not be retained in the officer's general personnel file.
Senate Floor Amendments of 8/26/96 delete the terms "unfounded" and "exonerated" altogether and instead substitutes only the term "frivolous" complaints as defined in the Code of Civil Procedure. That amendment is consistent with the discussion before the Senate Criminal Procedure Committee.
(See Exhibit #12b, page 1)