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Item 29 - Police Oversight Commission Ordinance Amendment
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Item 29 - Police Oversight Commission Ordinance Amendment
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City Clerk
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Agenda Packet
Agency
City Manager's Office
Item #
29
Date
7/1/2025
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STATE OF CALIFORNIA <br />AUTHENTICATED <br />ELECTRONIC LEGAL MATERIAL <br /> <br />magistrate is satisfied, based upon evidence produced in open court, out of the <br />presence of the jury, that such information was received from a relia ble informant <br />and in his discretion does not require such disclosure. <br />(d) When, in any such criminal proceeding, a party demands disclosure of the <br />identity of the informant on the ground the informant is a material witness on the <br />issue of guilt, the court shall conduct a hearing at which all parties may present <br />evidence on the issue of disclosure. Such hearing shall be conducted outside the <br />presence of the jury, if any. During the hearing, if the privilege provided for in <br />Section 1041 is claimed by a person authorized to do so or if a person who is <br />authorized to claim such privilege refuses to answer any question on the ground <br />that the answer would tend to disclose the identity of the informant, the prosecuting <br />attorney may request that the court hold an in camera hearing. If such a request is <br />made, the court shall hold such a hearing outside the presence of the defendant and <br />his counsel. At the in camera hearing, the prosecution may offer evidence which <br />would tend to disclose or which discloses the identity of the informant to aid the <br />court in its determination whether there is a reasonable possibility that <br />nondisclosure might deprive the defendant of a fair trial. A reporter shall be present <br />at the in camera hearing. Any transcription of the proceedings at t he in camera <br />hearing, as well as any physical evidence presented at the hearing, shall be ordered <br />sealed by the court, and only a court may have access to its contents. The court <br />shall not order disclosure, nor strike the testimony of the witness who invok es the <br />privilege, nor dismiss the criminal proceeding, if the party offering the witness <br />refuses to disclose the identity of the informant, unless, based upon the evidence <br />presented at the hearing held in the presence of the defendant and his counsel and <br />the evidence presented at the in camera hearing, the court concludes that there is a <br />reasonable possibility that nondisclosure might deprive the defendant of a fair trial. <br />(Amended by Stats. 1969, Ch. 1412.) <br /> <br />1043. (a) In any case in which discovery or disclosure is sought of peace or <br />custodial officer personnel records or records maintained pursuant to Section 832.5 <br />of the Penal Code or information from those records, the party seeking the <br />discovery or disclosure shall file a written motion with the approp riate court or <br />administrative body upon written notice to the governmental agency that has <br />custody and control of the records, as follows: <br />(1) In a civil action, the written notice shall be given at the times prescribed by <br />subdivision (b) of Section 1005 of the Code of Civil Procedure. <br /> <br />(2) In a criminal action, the written notice shall be served and filed at least 10 court <br />days before the hearing. All papers opposing a motion so noticed shall be filed with <br />the court at least five court days, and all reply papers at least two court days, before <br />the hearing. Proof of service of the notice shall be filed no later than five court days <br />before the hearing. <br /> <br />(b) The motion shall include all of the following: <br />(1) Identification of the proceeding in which discovery or disclosure is sought, the <br />party seeking discovery or disclosure, the peace or custodial officer whose records <br />are sought, the governmental agency that has custody and control of the records,
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