Cal. Evid. Code § 1047

Current through the 2023 Legislative Session.
Section 1047 - Records of officers not present during conduct
(a) Records of peace officers or custodial officers, as defined in Section 831.5 of the Penal Code, including supervisorial officers, who either were not present during the arrest or had no contact with the party seeking disclosure from the time of the arrest until the time of booking, or who were not present at the time the conduct at issue is alleged to have occurred within a jail facility, shall not be subject to disclosure.
(b) Notwithstanding subdivision (a), if a supervisorial officer whose records are being sought had direct oversight of a peace officer or a custodial officer, as defined in Section 831.5 of the Penal Code and issued command directives or had command influence over the circumstances at issue, the supervisorial officer's records shall be subject to disclosure pursuant to Section 1045 if the peace officer or custodial officer under supervision was present during the arrest, had contact with the party seeking disclosure from the time of the arrest until the time of booking, or was present at the time the conduct at issue is alleged to have occurred within a jail facility.

Ca. Evid. Code § 1047

Amended by Stats 2019 ch 585 (AB 1600),s 3, eff. 1/1/2020.
Amended by Stats 2002 ch 391 (AB 2040), s 4, eff. 1/1/2003.