Senator Ted Leiu introduced a new bill, SB 388, the expand officers' POBR rights under state law. Under current law, agencies must inform public safety officers of the nature of an interrogation and allow them to have a representative, but only when the officer is "under investigation." SB 388 expands the law to cover public safety officers "subject to interrogation without being under investigation." This change makes clear officers have a right to notice regardless of whether an IA is opened on them and helps protect witness officers' rights.
SB 388 also expands the rule that public safety officers have a right to a representative "whenever an interrogation under any circumstances focuses on matters that could lead to punitive action." Under the old law, the right to a representative only applied when an interrogation "are likely to result in" punitive action. The bill is currently being considered by the committees on public safety and appropriations.
