Central Coast assemblyman’s police misconduct bill is closer to becoming law. What’s next?
A Central Coast assemblyman’s bill aiming to make records of police misconduct public came one step closer to being law Thursday after it unanimously passed the California State Assembly.
Republican Assemblyman Jordan Cunningham, a former San Luis Obispo County prosecutor who manages a Templeton law firm, introduced the police transparency bill in response to frustration over a local case involving a former Paso Robles police sergeant.
This is the second time the legislator has pushed for this type of legislation. A similar effort in 2020 ended in the state Senate Appropriations Committee.
Cunningham’s office says AB 718 would require law enforcement agencies to complete misconduct and officer-involved shooting investigations even after an officer resigns.
The bill would also require that the investigating agency share the findings of the investigation with the officer’s new agency, should the former officer find employment with another law enforcement agency after resigning.
“Officer resignations should not be used as a tool to cover up potential misconduct,” Cunningham said in a news release Thursday. “By requiring investigations into misconduct be completed regardless of the accused’s employment status, we can ensure that bad actors are held accountable and help restore the public’s trust.”
He said he’s grateful for the support of his colleagues, and “will continue to work on common sense policies that increase transparency and accountability in all levels of government.”
The bill now heads to the state Senate, and Cunningham’s office says they expect a hearing sometime this summer.
Under a law passed in 2018, an officer’s investigative and personnel records can only be released to the public if an investigation makes a “sustained finding” of a specific misconduct allegations.
But, as was the case with former Paso Robles police Sgt. Christopher McGuire, most local jurisdictions do not complete their internal investigations into an officer’s misconduct after the accused officer resigns.
If there are no criminal charges filed against the officer, under current law, records about their misconduct are shielded from public scrutiny.
Cunningham, who was one of just four Republican assemblymembers to vote for the landmark 2018 law, has previously told The Tribune that his efforts toward police transparency are in response to the McGuire case — following his frustration at the inability of Central Coast media outlets to obtain critical information regarding the McGuire, who was accused by three women of sexual assault.
McGuire allegedly used his position of power to forcibly rape one of the women.
Despite a San Luis Obispo County Sheriff’s Office investigation finding McGuire should be prosecuted for forcible rape, attempted forcible rape, and assault and battery, as well as DNA evidence proving a sexual encounter took place, county District Attorney Dan Dow announced that he would not pursue any charges against the officer, who resigned from the Paso Robles Police Department before the city’s investigation concluded.
Because McGuire was a Paso Robles employee, the Sheriff’s Office’s recommendations of criminal charges did not count as a “sustained finding,” officials previously told The Tribune, and the city argued that they were prevented from releasing any records into the former officer.
The state Attorney General’s Office opened a review of the San Luis Obispo County District Attorney’s Office’s handling of the McGuire case in April 2019. That review has concluded, according to the attorney for the alleged victim.
Cunningham, who won a third term in November, represents the 35th Assembly District, which encompasses all of San Luis Obispo and northern Santa Barbara counties.
