BILL ANALYSIS Ó AB 2221 Page 1 Date of Hearing: May 2, 2012 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 2221 (Block) - As Amended: March 28, 2012 Policy Committee: Public SafetyVote: 6-0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill: 1)Adds prosecutors and public defenders to the list of persons (peace officers, judges, court commissioners and magistrates) whose home address and phone number as provided in gun licenses and applications are not fully required to be disclosed as public records under the California Public Records Act (PRA). 2)Makes explicit that confidential information or records pertaining to crime victims, as provided in the Victims' Bill of Rights Act of 2008: Marsy's Law, Section 28 of Article I of the California Constitution, is included in the information protected from public records disclosure under the PRA. FISCAL EFFECT 1)Minor, potentially reimbursable local administrative costs to ensure the home addresses and phone numbers of prosecutors and public defenders as provided in gun licenses and applications are not disclosed as public records. 2)Negligible costs regarding crime victims as the PRA already protects victim information pursuant to state law. COMMENTS Rationale . The author and proponents contend this bill clarifies and strengthens PRA exemptions for prosecutors, public defenders and victims. AB 2221 Page 2 According to the author, "Currently, the California Public Records Act (PRA) requires law enforcement agencies to disclose certain information relating to investigative, arrest and incident reports in response to requests for information. This material may under certain circumstances include crime victims' confidential information prohibited from being disclosed to defendants, defendant's attorneys or anyone working on behalf of defendants under the California Constitution, Article I, Section 28(b)(4). However, it is unclear whether the PRA recognizes the state constitutional protections. As a result, uncertainty exists as to who may be entitled to information relating to crime victims. AB 2221 incorporates the constitutional protections into the PRA to bring clarity to questions of disclosure. "This bill also protects prosecutors and public defenders from disclosure of personal identifying information when they fill out an application for a firearm license. This would provide them with the same protections currently extended to judges and law enforcement officers against disclosure of addresses and phone numbers associated with firearm applications." Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081