BILL NUMBER: AB 2945 CHAPTERED 09/22/06 CHAPTER 427 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2006 APPROVED BY GOVERNOR SEPTEMBER 22, 2006 PASSED THE ASSEMBLY AUGUST 30, 2006 PASSED THE SENATE AUGUST 28, 2006 AMENDED IN SENATE AUGUST 23, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN ASSEMBLY APRIL 6, 2006 INTRODUCED BY Assembly Member Spitzer FEBRUARY 24, 2006 An act to amend Section 54957.8 of the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2945, Spitzer Open meetings: multijurisdictional law enforcement agencies. Existing law authorizes the legislative or advisory body of a multijurisdictional drug law enforcement agency to hold a closed session to discuss the case records of any ongoing criminal investigation, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases. Existing law defines "multijurisdictional drug law enforcement agency" for these purposes as a joint powers entity, formed pursuant to specified provisions of existing law, which provides drug law enforcement services for the parties to the joint powers agreement. This bill would redesignate a multijurisdictional drug law enforcement agency as a multijurisdictional law enforcement agency, and would permit a multijurisdictional law enforcement agency to instead hold a closed session to discuss any ongoing criminal investigation of that agency. This bill would also define a multijurisdictional law enforcement agency as a joint powers entity, as specified, that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology, computer or identity theft; human trafficking; or vehicle theft. This bill includes legislative findings that any limitation on the public's right of access made by this bill is necessary to serve the public interest. 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 54957.8 of the Government Code is amended to read: 54957.8. (a) For purposes of this section, "multijurisdictional law enforcement agency" means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft. (b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases. SEC. 2. The Legislature finds and declares that Section 1 of this act, which amends Section 54957.8 of the Government Code, imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect the public interest in preventing the impairment of ongoing law enforcement investigations, protecting witnesses and informants, and permitting the discussion of effective courses of action in particular cases, it is necessary to authorize the legislative body of a multijurisdictional law enforcement agency to hold a closed session for specified purposes related to any ongoing criminal investigation of the multijurisdictional law enforcement agency. 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 prevent the impairment of ongoing law enforcement investigations, to protect witnesses and informants, and to permit the discussion of effective courses of action in particular cases at the earliest possible time, it is necessary that this act take effect immediately.