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AB-1388 • 2026

Law enforcement: settlement agreements.

Law enforcement: settlement agreements.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Bryan
Last action
2025-10-13
Official status
Chaptered by Secretary of State - Chapter 729, Statutes of 2025.
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide a specific effective date for the legislation.

Law Enforcement Settlement Agreements

AB-1388 makes certain settlement agreements between law enforcement agencies and peace officers confidential, particularly those involving the destruction or concealment of misconduct investigation records.

What This Bill Does

  • Adds new rules to keep some settlement agreements between police departments and their officers secret from the public.
  • Includes agreements that require a department to destroy, remove, or hide records about an officer's misconduct investigation.

Who It Names or Affects

  • Law enforcement agencies and peace officers
  • The public who want to see certain settlement agreements

Terms To Know

Peace Officer Standards Accountability Division
A part of the Commission on Peace Officer Standards and Training that handles complaints about police misconduct.
California Public Records Act
A law that says most government records must be open for people to see, but allows some exceptions.

Limits and Unknowns

  • The bill does not specify when it will start.
  • It only applies if other related bills are also passed and this one is enacted last.

Bill History

  1. 2025-10-13 California Legislative Information

    Chaptered by Secretary of State - Chapter 729, Statutes of 2025.

  2. 2025-10-13 California Legislative Information

    Approved by the Governor.

  3. 2025-09-24 California Legislative Information

    Enrolled and presented to the Governor at 3 p.m.

  4. 2025-09-13 California Legislative Information

    Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 3476.).

  5. 2025-09-13 California Legislative Information

    Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)

  6. 2025-09-12 California Legislative Information

    In Assembly. Concurrence in Senate amendments pending.

  7. 2025-09-12 California Legislative Information

    Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2989.).

  8. 2025-09-10 California Legislative Information

    Read second time. Ordered to third reading.

  9. 2025-09-09 California Legislative Information

    Read third time and amended. Ordered to second reading.

  10. 2025-09-09 California Legislative Information

    Joint Rule 61(a)(13) suspended. (Ayes 28. Noes 8. Page 2568.)

  11. 2025-09-08 California Legislative Information

    Read second time. Ordered to third reading.

  12. 2025-09-05 California Legislative Information

    Read third time and amended. Ordered to second reading.

  13. 2025-08-20 California Legislative Information

    Read second time. Ordered to third reading.

  14. 2025-08-19 California Legislative Information

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  15. 2025-07-15 California Legislative Information

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 15). Re-referred to Com. on APPR.

  16. 2025-06-18 California Legislative Information

    Referred to Com. on PUB. S.

  17. 2025-06-04 California Legislative Information

    In Senate. Read first time. To Com. on RLS. for assignment.

  18. 2025-06-03 California Legislative Information

    Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 2018.)

  19. 2025-05-27 California Legislative Information

    Read second time. Ordered to third reading.

  20. 2025-05-23 California Legislative Information

    Read second time and amended. Ordered returned to second reading.

  21. 2025-05-23 California Legislative Information

    From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 23).

  22. 2025-05-23 California Legislative Information

    Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)

  23. 2025-05-14 California Legislative Information

    In committee: Set, first hearing. Referred to APPR. suspense file.

  24. 2025-04-30 California Legislative Information

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 29). Re-referred to Com. on APPR.

  25. 2025-04-21 California Legislative Information

    Re-referred to Com. on PUB. S.

  26. 2025-04-16 California Legislative Information

    In committee: Hearing postponed by committee.

  27. 2025-04-10 California Legislative Information

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  28. 2025-03-13 California Legislative Information

    Referred to Com. on PUB. S.

  29. 2025-02-24 California Legislative Information

    Read first time.

  30. 2025-02-22 California Legislative Information

    From printer. May be heard in committee March 24.

  31. 2025-02-21 California Legislative Information

    Introduced. To print.

Official Summary Text

AB 1388, Bryan.
Law enforcement: settlement agreements.
Existing law establishes the Commission on Peace Officer Standards and Training, and requires the commission to, among other things, establish a certification program for peace officers, as defined. Existing law requires the commission to establish procedures for accepting complaints from members of the public regarding peace officers or law enforcement agencies that may be investigated. Existing law establishes, within the commission, the Peace Officer Standards Accountability Division and requires the division, among other things, to bring proceedings seeking the suspension or revocation of certification of a peace officer.
Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel
records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.
This bill would additionally exempt agreements between an employing agency and a peace officer that, among other things, require the agency to destroy, remove, or conceal a record of a misconduct investigation. The bill would declare that its provisions are severable.
This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by AB 847 and AB 1178, to be operative only if this bill and AB 847 or AB 1178 are enacted and this bill is enacted last.
The California Constitution requires local agencies, for the purpose of
ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.

Current Bill Text

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