BILL ANALYSIS Ó AB 2221 Page 1 Date of Hearing: April 18, 2012 ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION Isadore Hall, Chair AB 2221 (Block) - As Amended: March 28, 2012 SUBJECT : Public Records SUMMARY : Adds prosecutors and public defenders to the types of professionals whose firearm license applications are not fully required to be disclosed as public records under the California Public Records Act (CPRA). Specifically, this bill : 1)Adds a constitutional provision to the list of laws that may operate to exempt public records from the disclosure requirements of the CPRA. 2)Makes other technical, non-substantive changes. EXISTING LAW 1)The PRA governs disclosure of governmental records to the public, upon request. Generally, all public records are open to the public upon request unless the record requested is exempt from public disclosure. 2)Exempts from disclosure requirements under the CPRA records that are exempted or prohibited pursuant to federal and state law. 3)Exempts from disclosure requirements under the CPRA information contained in applications for licenses to carry firearms issued by the sheriff of a county or the chief or other head of a municipal police department that indicates when or where the applicant is vulnerable to attack. 4)Exempts from disclosure requirements, under the CPRA, the home address and telephone number of peace officers, judges, court commissioners, and magistrates that are set forth in applications for licenses to carry firearms issued by the sheriff of a county or the chief or other head of a municipal police department. 5)Forbids an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendant's family, AB 2221 Page 2 or anyone else, the address or telephone number of a victim or witness whose name is disclosed to the attorney as part of the discovery process, unless specifically permitted to do so by the court after a hearing and a showing of a good cause. 6)Defines a "victim" as a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. FISCAL EFFECT : Unknown COMMENTS : Background : Under Government Code Section 6254, law enforcement agencies are required to release certain criminal case information in response to requests for information, which includes victim information. However under Marsy's law, set forth in Article 1, Section 28, if victim requests confidentiality, disclosure of their personal identifying information is prohibited. Although the CPRA contains a catch-all-provision that exempts disclosure under the PRA for those records that are exempt from disclosure under any state or federal law, the San Diego County District Attorney's office believes that this bill is necessary to resolve this conflict. Purpose of the bill : This bill clarifies current law by providing that law enforcement agencies will not be required to disclose any victim information unless the victim, or an authorized representative on behalf of the victim, requests the disclosure. Additionally, by adding prosecutors and public defenders to the list of professionals whose firearms licenses and license applications are not fully required to be disclosed, this bill would help to protect these types of professionals. Arguments in Support : According to the San Diego County District Attorney's office, "the California Constitution and the CPRA are at odds when determining whether a victim's personal identifying information shall be released. This bill will protect the privacy of victims, and bring conformity to dueling laws." AB 2221 Page 3 Supporters also state that, "current law prohibits the release of home addresses and telephone numbers of peace officers, judges, court commissioners and magistrates as set forth in code sections governing the applications for licenses to carry firearms and the actual licenses themselves. Conspicuously absent from the list of protected officials are prosecutors and public defenders. AB 2221 will ensure prosecutors and public defenders, who apply for licenses to carry firearms, are given equal protection from defendants bent on revenge." Related Legislation : AB 2251 (Feuer), 2011-2012 Legislative Session (pending on the Assembly Floor). This bill would authorize prosecutors to send victim-contact information to the California Department of Corrections without the victim's consent for purposes of recouping restitution. AB 2299 (Feuer), 2011 -2012 Legislative Session (pending in the Assembly Committee on Local Government). This bill would authorize a board of supervisors to establish a program that requires the name of a public safety official to be redacted from any property record disclosed to the public. Prior Legislation : AB 1682 (Torres), 2009-2010 Legislative Session. Would have allowed a board of supervisors or a city council to authorize the sheriff or the chief of police to establish a procedure to protect confidential personal information contained in a police arrest report. The bill failed passage in the Assembly Committee on Public Safety. SB 1239 (Hollingsworth), Chapter 52, Statutes of 2206. Required a dealer, in a private party firearms transaction, to provide copies of paperwork completed in connection with said transaction to both the buyer and the seller and to redact from those documents the purchaser's personal informational from the seller's copy and the seller's personal information from the purchaser's copy. SB 58 (Johnson), Chapter 507, Statutes of 2005. Required county district attorneys, the courts, and law enforcement to establish a mutually agreeable procedure to protect personal confidential information regarding a victim or witness contained in a police AB 2221 Page 4 report submitted to a court. REGISTERED SUPPORT / OPPOSITION : Support San Diego County District Attorney's Office (Sponsor) California District Attorneys Association Crime Victims Action Alliance Opposition None on file Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531