Existing law authorizes a party to file a motion to disqualify a district attorney, city attorney, or city prosecutor from performing an authorized duty. Existing law requires notice of the motion to be served on the district attorney and the Attorney General at least 10 court days before the motion is heard. Under existing law, the motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial.
This bill would require a district attorney or the Attorney General to recuse themselves from a decision relating to investigating, charging, or prosecuting a peace officer for alleged criminal conduct while on duty if the district attorney or Attorney General has a conflict of interest, as specified. The bill would state that a conflict of interest exists when a district attorney or the Attorney General who is investigating, charging, or prosecuting a peace officer for alleged criminal conduct while on duty received a monetary benefit from a member organization or association solely representing law enforcement in specified circumstances at any point between the time the district attorney or the Attorney General filed to run for the office of district attorney or Attorney General until the conclusion of their term in that office.

Statutes affected:
SB710: 1424 PEN
02/19/21 - Introduced: 1424 PEN
03/25/21 - Amended Senate: 1424 PEN
SB 710: 1424 PEN