Opinion No. (1999)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General THE HONORABLE MARSHA JONES MOUTRIE, CITY ATTORNEY, CITY OF SANTA MONICA, has requested an opinion on the following question: Does the disclosure of peace officer personnel records in violation of Penal Code section 832.7 constitute a crime? CONCLUSION The disclosure of peace officer personnel records in violation of Penal Code section 832.7 may constitute a crime under the terms of Government Code section 1222 if the conditions of the latter statute are met. ANALYSIS Penal Code section 832.7 , subdivision (a), provides as follows: "Peace officer personnel records and records maintained by any state or local agency pursuant to Section 832.5 , or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of police officers or a police agency conducted by a grand jury, a district attorney's office, or the Attorney General's office." 1 While "Penal Code section 832.7 allows disclosure of the…