Store Research
ASSEMBLY BILL 1016 (HERTZBERG – 1998)
CHAPTER 25, STATUTES OF 1998, AB 1016
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Assembly Bill 1016 of 1998 affected only Penal Code section 832.5. (See Exhibit #1e) This bill was introduced on February 27, 1997 by Assembly member Robert M. Hertzberg at the request of the Association for Los Angeles Deputy Sheriffs (ALADS). (See Exhibits #1a and #14, document PE-29) At this time, Assembly member Hertzberg served as chair of the Assembly Committee on Public Safety, which was the first legislative committee to review Assembly Bill 1016. (See Exhibit #3, page 1)
Assembly Bill 1016 was assigned to the Assembly Committee on Public Safety and the Senate Committee on Public Safety where policy issues raised by the bill were considered. (See Exhibits #3 and #9) The fiscal ramifications of the bill were considered by the Assembly Committee on Appropriations and the Senate Committee on Appropriations. (See Exhibits #2 and #5) Three amendments were made to Assembly Bill 1016. (See Exhibits #1b, #1c, #1d and #2) Subsequent to legislative approval, Governor Pete Wilson signed the bill on April 29, 1997, and it was recorded by the Secretary of State on the same day as Chapter 25 of the Statutes of 1998. (See Exhibits #1e and #2)
The Office of Senate Floor Analyses produced a Third Reading analysis of Assembly Bill 1016 as last amended that described this bill as follows:
DIGEST: This bill provides that complaints from members of the public against peace officers which are determined to be “unfounded or exonerated” be maintained in an officer’s general personnel file or in another separate file, as specified.
This bill defines “unfounded” in statutes to mean that the investigation clearly established that the allegation is not true.
This bill defines “exonerated” in statute to mean that the investigation established that the actions of the peace officer that formed the basis for the complaint are not violations of law or department policy.
(See Exhibit #12b, page 1)