BILL NUMBER: SB 58 CHAPTERED
BILL TEXT
CHAPTER 507
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2004
APPROVED BY GOVERNOR SEPTEMBER 14, 2004
PASSED THE SENATE AUGUST 25, 2004
PASSED THE ASSEMBLY AUGUST 12, 2004
AMENDED IN ASSEMBLY JUNE 29, 2004
AMENDED IN ASSEMBLY JUNE 16, 2004
AMENDED IN SENATE JANUARY 15, 2004
AMENDED IN SENATE JANUARY 5, 2004
AMENDED IN SENATE APRIL 30, 2003
AMENDED IN SENATE APRIL 22, 2003
AMENDED IN SENATE MARCH 20, 2003
INTRODUCED BY Senators Johnson, Alpert, Battin, Florez, Knight,
McPherson, and Speier
(Coauthors: Assembly Members Bates, Benoit, Campbell, Cogdill,
Daucher, Dutton, La Malfa, Longville, Maddox, Mountjoy, Nakanishi,
Pacheco, Plescia, Spitzer, Strickland, and Wyland)
JANUARY 15, 2003
An act to add Section 964 to the Penal Code, relating to police
reports, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 58, Johnson. Police reports: confidentiality.
Existing law provides Californians with a right of privacy.
Existing law regulates the dissemination of personal information held
by government agencies. Existing law exempts courts from the
provisions of the California Public Records Act and permits a court
to seal records and redact information from them.
This bill would require the district attorney and the courts in
each county to establish a mutually agreeable procedure, as
specified, to protect confidential personal information, as defined,
regarding any witness or victim contained in a police report, arrest
report, or investigative report that is submitted to a court by a
prosecutor in support of a criminal complaint, indictment, or
information, or by a prosecutor or law enforcement officer in support
of a search warrant or an arrest warrant.
By requiring local prosecutors to establish a procedure with the
courts for protecting the confidentiality of personal information in
reports submitted to court, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 964 is added to the Penal Code, to read:
964. (a) In each county, the district attorney and the courts, in
consultation with any local law enforcement agencies that may desire
to provide information or other assistance, shall establish a
mutually agreeable procedure to protect confidential personal
information regarding any witness or victim contained in a police
report, arrest report, or investigative report if one of these
reports is submitted to a court by a prosecutor in support of a
criminal complaint, indictment, or information, or by a prosecutor or
law enforcement officer in support of a search warrant or an arrest
warrant.
(b) For purposes of this section, "confidential personal
information" includes, but is not limited to, an address, telephone
number, driver's license or California Identification Card number,
social security number, date of birth, place of employment, employee
identification number, mother's maiden name, demand deposit account
number, savings or checking account number, or credit card number.
(c) (1) This section may not be construed to impair or affect the
provisions of Chapter 10 (commencing with Section 1054) of Title 6 of
Part 2.
(2) This section may not be construed to impair or affect
procedures regarding informant disclosure provided by Sections 1040
to 1042, inclusive, of the Evidence Code, or as altering procedures
regarding sealed search warrant affidavits as provided by People v.
Hobbs (1994) 7 Cal.4th 948.
(3) This section shall not be construed to impair or affect a
criminal defense counsel's access to unredacted reports otherwise
authorized by law, or the submission of documents in support of a
civil complaint.
(4) This section applies as an exception to California Rule of
Court 243.1, as provided by paragraph (2) of subdivision (a) of that
rule.
SEC. 2. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the safety and privacy of victims and
witnesses of crimes, to encourage witnesses to come forward and
report crimes, and to combat the efforts of identity thieves to
obtain the personal identifying information of California citizens,
it is necessary that this act go into immediate effect.