Chapter 1 – General Administration

14010.6.10.2 Subpoenas – Peace Officer Personnel Records

• Peace officer personnel files are considered confidential under PCPenal Code 832.7 and 832.8. Disclosure shall occur only if:

  • The employee consents in writing to the disclosure, or

  • A subpoena is issued by a DA for the limited purpose of enforcing child support obligations; or

  • The Department is served notice more than ten days in advance of a hearing on a motion for hearing held under ECEvidence Code 1043 and 1046. At the hearing, the court, not the Department, would determine if the record is to be disclosed.

• Motions made to obtain information from peace officer personnel files shall be handled in accordance with the following:

  • Upon receipt of a subpoena or notice that a motion has been requested, the employee whose records are being sought shall be sent a written notice mailed to the employee’s last known address that a hearing is being scheduled to determine whether information in the employee’s file is to be disclosed.

  • All subpoenas in criminal and civil actions requesting peace officer records, other than those noted above, shall be referred to the AGAttorney General’s Office.

• An attorney serving a subpoena for peace officer personnel records shall be informed of the provisions of PCPenal Code 832.7 and 832.8.