Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Assembly Bill 2327 was signed into law by Gov. Brown in September 2018. According to the bill, any state agency hiring a law enforcement officer must now review that officer’s history of public complaints, and any investigations conducted therein, prior to employment.
AB 2327 marks a change in California law. Prior to the bill, an agency hiring an officer was under no obligation to review that person’s personnel file, which includes documentation on public complaints and investigations.
New Laws Under Assembly Bill 2327
Existing California law states that if an agency employs law enforcement personnel, that agency must have a procedure to investigate public complaints made against these staff members.
Further, any complaints made against an officer, and any investigations or findings related to those complaints, must be kept within an officer’s personnel file.
Assembly Bill 2327 now requires state agencies to review these materials pre-employment. That is, any agency hiring an officer must review that officer’s personnel file – namely, the officer’s history of complaints/misconduct and any investigations contained therein.
Laws Prior to Assembly Bill 2327
AB 2327 significantly changed California’s laws on the hiring of law enforcement officers. Under the State’s old law, agencies still had to have a procedure for investigating public complaints made against an officer.
These agencies were also obligated to document any complaints made against an officer, and any related investigations and findings, in that officer’s personnel file.
However, California law never stated that an agency had to review these materials pre-employment. If a state agency was contemplating hiring an officer, that agency was never required to review that officer’s history of complaints/misconduct – until now.
Reasoning for Assembly Bill 2327
Supporters of AB 2327 state that the new law requiring misconduct review is beneficial for three main reasons. These are:
As to the latter reason, the logic here is that officers will be less likely to engage in instances of misconduct if they know the documentation of these acts will be reviewed prior to another job.
Police misconduct in California, and instances involving an officer’s use of excessive force, have remained at national attention for several years now. Last year, the Department of Justice released, for the first time ever, data regarding police use of force. In particular, this data was on violent encounters between police and citizens.
Two sets of statistics are important to note with regards to this data. These are that in 2016:
Assembly Bill 2327 was introduced in February of 2018 by Bill Quirk. The bill adds Section 832.12 to the California Penal Code.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Las Vegas police must read Miranda warnings to suspects in “custodial interrogation.” This is when the suspect is not free to leave (usually after an arrest), and the police are questioning the suspect. What is the purpose of Miranda warnings? Miranda warnings inform arrestees of their rights. Specifically, they have the right to not say ...
Nevada recently passed Senate Bill 159, which prohibits knowingly selling substances containing dextromethorphan to a minor (under 18 years old) without a valid prescription. Dextromethorphan (DXM or DM) is a common ingredient in such cough suppressants as NyQuil, Robitussin, Dimetapp, Benylin DM, Mucinex DM,Camydex-20 tablets, Vicks, Coricidin, Delsym, TheraFlu, and Cheracol D. Contrary to popular belief, dextromethorphan ...
The majority of Colorado State Prison inmates may collect up to 10 days a month of “earned time” to reduce their sentences. There are five ways inmates can accrue this “earned time”: Participating in self-help groups and counseling sessions; Participating in work and training programs, which comprises cooperating with others, performing well, being punctual, and ...
Eighteen (18). Once a person reaches 18-years-old in Nevada, he/she is the “age of majority” and is considered an adult for all legal purposes. Some of the rights that belong to people who reach the age of majority include: right to serve on a criminal or civil jury right to vote right to get married ...