Senate Bills 1421 & 16

What is Senate Bill 1421?

On January 1, 2019, California Senate Bill 1421 (“SB 1421”) went into effect, which amended California Penal Code section 832.7 and gave the public access to police personnel records related to reports, investigations, and findings via the California Public Records Act (“PRA”) in four categories:

• The discharge of a firearm at a person by a peace officer.
• The use of force by a peace officer against a person resulting in death or great bodily injury.
• A sustained finding that a peace officer engaged in a sexual assault with a member of the public, or a sexual act while on duty.
• A sustained finding of dishonesty.

What is Senate Bill 16?

On January 1, 2023, California Senate Bill 16 (“SB 16”) went into effect, which expanded SB 1421 to also include:

• A sustained finding that a peace officer used unreasonable or excessive force.
• A sustained finding that a peace officer failed to intervene against another officer using force that is clearly unreasonable or excessive.
• A sustained finding that a peace officer engaged in conduct that was prejudiced or discriminated against a person based upon the basis of:
  • Age, race, color, or religious creed; 
  • National origin or ancestry;
  • Physical/mental disability, a medical condition, or genetic information;
  • Martial status or sexual orientation;
  • Sex, gender, gender identity, or gender expression;
  • Military and veteran status
• A sustained finding that a peace officer made an unlawful arrest or conducted an unlawful search.

What types of records can be requested?

The statute provides an exhaustive list of the types of records to be disclosed, including, but not limited to: all investigative reports, photos, audio and video recordings, transcripts, documents presented to the district attorney for review, internal investigation reports, and disciplinary records. Requested records that are applicable to the provisions of SB 1421 and SB 16 are referred to as being “responsive.”

How long does the department retain these records?

Consistent with California Penal Code section 823.5(b), administrative investigations (such as those for misconduct)  are purged after five (5) years, although pursuant to SB 16, records of sustained misconduct must be retained for a minimum of fifteen (15) years.  Criminal investigation cases (such as officer involved shootings) are maintained indefinitely.

How can I make requests for SB 1421 or SB 16 Related Records?

The Oxnard City Clerk’s Office receives and coordinates requests for public records.  The Oxnard City Clerk is located at: 

300 West 3rd Street, 4th Floor

Oxnard, CA 93030

(805) 385-7803

You can also visit Oxnard’s Public Records Request Portal.

How long does it take to obtain the documents?

When we receive public records requests, the request must be assessed to determine if they are “SB 1421 or SB 16 responsive.”  If the records are responsive, the redaction process is necessary.   Prior to disclosing these records, we must redact certain categories of information (as authorized by the statute) to protect the privacy interest of certain individuals, such as witnesses, complaining parties, victim information, personal information of officers (other than the name of the officer), and confidential financial and/or medical information.  In general, redaction of such records is time and labor intensive, especially the effort to redact body worn camera video, or cases with thousands of pages of documents.  Upon completion of the redaction phase, the materials are then released to the requesting party. This process can require up to several weeks for cases with voluminous amounts of records. If a requesting party wants something that has already been redacted under another party’s earlier request, their request can be met much faster.

Additional Resources

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