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State of California <br />PENAL CODE <br />Section 832.7 <br />832.7. (a) Except as provided in subdivision (b), the personnel records of peace <br />officers and custodial officers and records maintained by a state or local agency <br />pursuant to Section 832.5, or information obtained from these records, are confidential <br />and shall not be disclosed in any criminal or civil proceeding except by discovery <br />pursuant to Sections 1043 and 1046 of the Evidence Code. This section does not apply <br />to investigations or proceedings concerning the conduct of peace officers or custodial <br />officers, or an agency or department that employs those officers, conducted by a grand <br />jury, a district attorney’s office, the Attorney General’s office, or the Commission on <br />Peace Officer Standards and Training. <br />(b) (1) Notwithstanding subdivision (a), Section 7923.600 of the Government <br />Code, or any other law, the following peace officer or custodial officer personnel <br />records and records maintained by a state or local agency shall not be confidential <br />and shall be made available for public inspection pursuant to the California Public <br />Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the <br />Government Code): <br />(A) A record relating to the report, investigation, or findings of any of the following: <br />(i) An incident involving the discharge of a firearm at a person by a peace officer <br />or custodial officer. <br />(ii) An incident involving the use of force against a person by a peace officer or <br />custodial officer that resulted in death or in great bodily injury. <br />(iii) A sustained finding involving a complaint that alleges unreasonable or <br />excessive force. <br />(iv) A sustained finding that an officer failed to intervene against another officer <br />using force that is clearly unreasonable or excessive. <br />(B) (i) Any record relating to an incident in which a sustained finding was made <br />by any law enforcement agency or oversight agency that a peace officer or custodial <br />officer engaged in sexual assault involving a member of the public. <br />(ii) As used in this subparagraph, “sexual assault” means the commission or <br />attempted initiation of a sexual act with a member of the public by means of force, <br />threat, coercion, extortion, offer of leniency or other official favor, or under the color <br />of authority. For purposes of this definition, the propositioning for or commission of <br />any sexual act while on duty is considered a sexual assault. <br />(iii) As used in this subparagraph, “member of the public” means any person not <br />employed by the officer’s employing agency and includes any participant in a cadet, <br />explorer, or other youth program affiliated with the agency.