AB 1195, as introduced, Eggman. Public records: crime victims.
The California Public Records Act requires state and local agencies to make public records available for inspection, subject to certain conditions. The act specifically requires state and local law enforcement agencies to disclose certain information regarding an incident to a victim, or the victim’s authorized representative, unless certain conditions exist.
This bill would prohibit a state or local law enforcement agency from requiring a victim of an incident, or the victim’s authorized representative, to show proof of the victim’s legal presence in this country in order to obtain the information required to be disclosed by that law enforcement agency, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6254 of the Government Code is amended
Except as provided in Sections 6254.7 and 6254.13,
4nothing in this chapter shall be construed to require disclosure of
5records that are any of the following:
6(a) Preliminary drafts, notes, or interagency or intra-agency
7memoranda that are not retained by the public agency in the
8ordinary course of business, if the public interest in withholding
9those records clearly outweighs the public interest in disclosure.
10(b) Records pertaining to pending litigation to which the public
11agency is a party, or to claims made pursuant to Division 3.6
12(commencing with Section 810), until the pending litigation or
13claim has been finally adjudicated or otherwise settled.
14(c) Personnel, medical, or similar files, the disclosure of which
15would constitute an unwarranted invasion of personal privacy.
16(d) Contained in or related to any of the following:
17(1) Applications filed with any state agency responsible for the
18regulation or supervision of the issuance of securities or of financial
19institutions, including, but not limited to, banks, savings and loan
20associations, industrial loan companies, credit unions, and
22(2) Examination, operating, or condition reports prepared by,
23on behalf of, or for the use of, any state agency referred to in
25(3) Preliminary drafts, notes, or interagency or intra-agency
26communications prepared by, on behalf of, or for the use of, any
27state agency referred to in paragraph (1).
28(4) Information received in confidence by any state agency
29referred to in paragraph (1).
30(e) Geological and geophysical data, plant production data, and
31similar information relating to utility systems development, or
32market or crop reports, that are obtained in confidence from any
34(f) Records of complaints to, or investigations conducted by,
35or records of intelligence information or security procedures of,
36the office of the Attorney General and the Department of Justice,
begin delete California Emergency Management Agencyend delete, and any state or local police agency, or any
P3 1 investigatory or security files compiled by any other state or local
2police agency, or any investigatory or security files compiled by
3any other state or local agency for correctional, law enforcement,
4or licensing purposes. However, state and local law enforcement
5agencies shall disclose the names and addresses of persons involved
6in, or witnesses other than confidential informants to, the incident,
7the description of any property involved, the date, time, and
8location of the incident, all diagrams, statements of the parties
9involved in the incident, the statements of all witnesses, other than
10confidential informants, to the victims of an incident, or an
11authorized representative thereof, an insurance carrier against
12which a claim has been or might be made, and any person suffering
13bodily injury or property damage or loss, as the result of the
14incident caused by arson, burglary, fire, explosion, larceny,
15robbery, carjacking, vandalism, vehicle theft, or a crime as defined
16by subdivision (b) of Section 13951, unless the disclosure would
17endanger the safety of a witness or other person involved in the
18investigation, or unless disclosure would endanger the successful
19completion of the investigation or a related investigation. However,
20nothing in this division shall require the disclosure of that portion
21of those investigative files that reflects the analysis or conclusions
22of the investigating officer.
28Customer lists provided to a state or local police agency by an
29alarm or security company at the request of the agency shall be
30construed to be records subject to this subdivision.
31Notwithstanding any other provision of this subdivision, state
32and local law enforcement agencies shall make public the following
33information, except to the extent that disclosure of a particular
34item of information would endanger the safety of a person involved
35in an investigation or would endanger the successful completion
36of the investigation or a related investigation:
37(1) The full name and occupation of every individual arrested
38by the agency, the individual’s physical description including date
39of birth, color of eyes and hair, sex, height and weight, the time
40and date of arrest, the time and date of booking, the location of
P4 1the arrest, the factual circumstances surrounding the arrest, the
2amount of bail set, the time and manner of release or the location
3where the individual is currently being held, and all charges the
4individual is being held upon, including any outstanding warrants
5from other jurisdictions and parole or probation holds.
6(2) Subject to the restrictions imposed by Section 841.5 of the
7Penal Code, the time, substance, and location of all complaints or
8requests for assistance received by the agency and the time and
9nature of the response thereto, including, to the extent the
10information regarding crimes alleged or committed or any other
11incident investigated is recorded, the time, date, and location of
12occurrence, the time and date of the report, the name and age of
13the victim, the factual circumstances surrounding the crime or
14incident, and a general description of any injuries, property, or
15weapons involved. The name of a victim of any crime defined by
16Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
17266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
18286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
19Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
20of the November 7, 2006, statewide general election), 288.5, 288.7,
21289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
22be withheld at the victim’s request, or at the request of the victim’s
23parent or guardian if the victim is a minor. When a person is the
24victim of more than one crime, information disclosing that the
25person is a victim of a crime defined in any of the sections of the
26Penal Code set forth in this subdivision may be deleted at the
27request of the victim, or the victim’s parent or guardian if the
28victim is a minor, in making the report of the crime, or of any
29crime or incident accompanying the crime, available to the public
30in compliance with the requirements of this paragraph.
31(3) Subject to the restrictions of Section 841.5 of the Penal Code
32and this subdivision, the current address of every individual
33arrested by the agency and the current address of the victim of a
34crime, where the requester declares under penalty of perjury that
35the request is made for a scholarly, journalistic, political, or
36governmental purpose, or that the request is made for investigation
37purposes by a licensed private investigator as described in Chapter
3811.3 (commencing with Section 7512) of Division 3 of the Business
39and Professions Code. However, the address of the victim of any
40crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
P5 1265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
2273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
3Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
46 of Proposition 83 of the November 7, 2006, statewide general
5election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
6of the Penal Code shall remain confidential. Address information
7obtained pursuant to this paragraph may not be used directly or
8indirectly, or furnished to another, to sell a product or service to
9any individual or group of individuals, and the requester shall
10execute a declaration to that effect under penalty of perjury.
11Nothing in this paragraph shall be construed to prohibit or limit a
12scholarly, journalistic, political, or government use of address
13information obtained pursuant to this paragraph.
14(g) Test questions, scoring keys, and other examination data
15used to administer a licensing examination, examination for
16employment, or academic examination, except as provided for in
17Chapter 3 (commencing with Section 99150) of Part 65 of Division
1814 of Title 3 of the Education Code.
19(h) The contents of real estate appraisals or engineering or
20feasibility estimates and evaluations made for or by the state or
21local agency relative to the acquisition of property, or to
22prospective public supply and construction contracts, until all of
23the property has been acquired or all of the contract agreement
24obtained. However, the law of eminent domain shall not be affected
25by this provision.
26(i) Information required from any taxpayer in connection with
27the collection of local taxes that is received in confidence and the
28disclosure of the information to other persons would result in unfair
29competitive disadvantage to the person supplying the information.
circulation records kept for the purpose of identifying
31the borrower of items available in libraries, and library and museum
32materials made or acquired and presented solely for reference or
33exhibition purposes. The exemption in this subdivision shall not
34apply to records of fines imposed on the borrowers.
35(k) Records, the disclosure of which is exempted or prohibited
36pursuant to federal or state law, including, but not limited to,
37provisions of the Evidence Code relating to privilege.
38(l) Correspondence of and to the Governor or employees of the
39Governor’s office or in the custody of or maintained by the
40Governor’s Legal Affairs Secretary. However, public records shall
P6 1not be transferred to the custody of the Governor’s Legal Affairs
2Secretary to evade the disclosure provisions of this chapter.
3(m) In the custody of
or maintained by the Legislative Counsel,
4except those records in the public database maintained by the
5Legislative Counsel that are described in Section 10248.
6(n) Statements of personal worth or personal financial data
7required by a licensing agency and filed by an applicant with the
8licensing agency to establish his or her personal qualification for
9the license, certificate, or permit applied for.
10(o) Financial data contained in applications for financing under
11Division 27 (commencing with Section 44500) of the Health and
12Safety Code, where an authorized officer of the California Pollution
13Control Financing Authority determines that disclosure of the
14financial data would be competitively injurious to the applicant
15and the data is required in order to obtain guarantees from the
16United States Small Business Administration. The California
17Pollution Control Financing Authority shall adopt rules for review
18of individual requests for confidentiality under this section and for
19making available to the public those portions of an application that
20are subject to disclosure under this chapter.
21(p) Records of state agencies related to activities governed by
22Chapter 10.3 (commencing with Section 3512), Chapter 10.5
23(commencing with Section 3525), and Chapter 12 (commencing
24with Section 3560) of Division 4, that reveal a state agency’s
25deliberative processes, impressions, evaluations, opinions,
26recommendations, meeting minutes, research, work products,
27theories, or strategy, or that provide instruction, advice, or training
28to employees who do not have full collective bargaining and
29representation rights under these chapters. Nothing in this
30subdivision shall be construed to limit the disclosure duties of a
31state agency with respect to any other records relating to the
32activities governed by the employee relations acts referred to in
34(q) (1) Records of state agencies related to activities governed
35by Article 2.6 (commencing with Section 14081), Article 2.8
36(commencing with Section 14087.5), and Article 2.91
37(commencing with Section 14089) of Chapter 7 of Part 3 of
38Division 9 of the Welfare and Institutions Code, that reveal the
39special negotiator’s deliberative processes, discussions,
40communications, or any other portion of the negotiations with
P7 1providers of health care services, impressions, opinions,
2recommendations, meeting minutes, research, work product,
3theories, or strategy, or that provide instruction, advice, or training
5(2) Except for the portion of a contract containing the rates of
6payment, contracts for inpatient services entered into pursuant to
7these articles, on or after April 1, 1984, shall be open to inspection
8one year after they are fully executed. If a contract for inpatient
9services that is entered into prior to April 1, 1984, is amended on
10or after April 1, 1984, the amendment, except for any portion
11containing the rates of payment, shall be open to inspection one
12year after it is fully executed. If the California Medical Assistance
13Commission enters into contracts with health care providers for
14other than inpatient hospital services, those contracts shall be open
15to inspection one year after they are fully executed.
16(3) Three years after a contract or amendment is open to
17inspection under this subdivision, the portion of the contract or
18amendment containing the rates of payment shall be open to
20(4) Notwithstanding any other
begin delete provision ofend delete law, the entire
21contract or amendment shall be open to inspection by the Joint
22Legislative Audit Committee and the Legislative Analyst’s Office.
23The committee and that office shall maintain the confidentiality
24of the contracts and amendments until the time a contract or
25amendment is fully open to inspection by the public.
26(r) Records of Native American graves, cemeteries, and sacred
27places and records of Native American places, features, and objects
28described in Sections 5097.9 and 5097.993 of the Public Resources
29Code maintained by, or in the possession of, the Native American
30Heritage Commission, another state agency, or a local agency.
31(s) A final accreditation report of the Joint Commission on
32Accreditation of Hospitals that has been transmitted to the State
33Department of Health Care Services pursuant to subdivision (b)
34of Section 1282 of the Health and Safety Code.
35(t) Records of
a local hospital district, formed pursuant to
36Division 23 (commencing with Section 32000) of the Health and
37Safety Code, or the records of a municipal hospital, formed
38pursuant to Article 7 (commencing with Section 37600) or Article
398 (commencing with Section 37650) of Chapter 5 of Part 2 of
40Division 3 of Title 4 of this code, that relate to any contract with
P8 1an insurer or nonprofit hospital service plan for inpatient or
2outpatient services for alternative rates pursuant to Section 10133
3of the Insurance Code. However, the record shall be open to
4inspection within one year after the contract is fully executed.
5(u) (1) Information contained in applications for licenses to
6carry firearms issued pursuant to Section 26150, 26155, 26170,
7or 26215 of the Penal Code by the sheriff of a county or the chief
8or other head of a municipal police department that indicates when
9or where the applicant is vulnerable to attack or that concerns the
10applicant’s medical or psychological history or that of members
11of his or her family.
12(2) The home address and telephone number of prosecutors,
13public defenders, peace officers, judges, court commissioners, and
14magistrates that are set forth in applications for licenses to carry
15firearms issued pursuant to Section 26150, 26155, 26170, or 26215
16of the Penal Code by the sheriff of a county or the chief or other
17head of a municipal police department.
18(3) The home address and telephone number of prosecutors,
19public defenders, peace officers, judges, court commissioners, and
20magistrates that are set forth in licenses to carry firearms issued
21pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
22Code by the sheriff of a county or the chief or other head of a
23municipal police department.
24(v) (1) Records of the Managed Risk Medical Insurance Board
25related to activities governed by Part 6.3 (commencing with Section
2612695), Part 6.5 (commencing with Section 12700), Part 6.6
27(commencing with Section 12739.5), and Part 6.7 (commencing
28with Section 12739.70) of Division 2 of the Insurance Code, and
29that reveal any of the following:
30(A) The deliberative processes, discussions, communications,
31or any other portion of the negotiations with entities contracting
32or seeking to contract with the board, entities with which the board
33is considering a contract, or entities with which the board is
34considering or enters into any other arrangement under which the
35board provides, receives, or arranges services or reimbursement.
36(B) The impressions, opinions, recommendations, meeting
37minutes, research, work product, theories, or strategy of the board
38or its staff, or records that provide instructions, advice, or training
P9 1(2) (A) Except for the portion of a contract that contains the
2rates of payment, contracts entered into pursuant to Part 6.3
3(commencing with Section 12695), Part 6.5 (commencing with
4Section 12700), Part 6.6 (commencing with Section 12739.5), or
5Part 6.7 (commencing with Section 12739.70) of Division 2 of the
6Insurance Code, on or after July 1, 1991, shall be open to inspection
7one year after their effective dates.
8(B) If a contract that is entered into prior to July 1, 1991, is
9amended on or after July 1, 1991, the amendment, except for any
10portion containing the rates of payment, shall be open to inspection
11one year after the effective date of the amendment.
12(3) Three years after a contract or amendment is open to
13inspection pursuant to this subdivision, the portion of the contract
14or amendment containing the rates of payment shall be open to
16(4) Notwithstanding any other law, the entire contract or
17amendments to a contract shall be open to inspection by the Joint
18Legislative Audit Committee. The committee shall maintain the
19confidentiality of the contracts and amendments thereto, until the
20contracts or amendments to the contracts are open to inspection
21pursuant to paragraph (3).
22(w) (1) Records of the Managed Risk Medical Insurance Board
23related to activities governed by Chapter 8 (commencing with
24Section 10700) of Part 2 of Division 2 of the Insurance Code, and
25that reveal the deliberative processes, discussions, communications,
26or any other portion of the negotiations with health plans, or the
27impressions, opinions, recommendations, meeting minutes,
28research, work product, theories, or strategy of the board or its
29staff, or records that provide instructions, advice, or training to
31(2) Except for the portion of a contract that contains the rates
32of payment, contracts for health coverage entered into pursuant to
33Chapter 8 (commencing with Section 10700) of Part 2 of Division
342 of the Insurance Code, on or after January 1, 1993, shall be open
35to inspection one year after they have been fully executed.
36(3) Notwithstanding any other law, the entire contract or
37amendments to a contract shall be open to inspection by the Joint
38Legislative Audit Committee. The committee shall maintain the
39confidentiality of the contracts and amendments thereto, until the
P10 1contracts or amendments to the contracts are open to inspection
2pursuant to paragraph (2).
3(x) Financial data contained
in applications for registration, or
4registration renewal, as a service contractor filed with the Director
5of Consumer Affairs pursuant to Chapter 20 (commencing with
6Section 9800) of Division 3 of the Business and Professions Code,
7for the purpose of establishing the service contractor’s net worth,
8or financial data regarding the funded accounts held in escrow for
9service contracts held in force in this state by a service contractor.
10(y) (1) Records of the Managed Risk Medical Insurance Board
11related to activities governed by Part 6.2 (commencing with Section
1212693) or Part 6.4 (commencing with Section 12699.50) of
13Division 2 of the Insurance Code, and that reveal any of the
15(A) The deliberative processes, discussions, communications,
16or any other portion of the negotiations with entities contracting
17or seeking to contract with the board, entities with which the board
18is considering a contract, or entities with which the board is
19considering or enters into any other arrangement under which the
20board provides, receives, or arranges services or reimbursement.
21(B) The impressions, opinions, recommendations, meeting
22minutes, research, work product, theories, or strategy of the board
23or its staff, or records that provide instructions, advice, or training
25(2) (A) Except for the portion of a contract that contains the
26rates of payment, contracts entered into pursuant to Part 6.2
27(commencing with Section 12693) or Part 6.4 (commencing with
28Section 12699.50) of Division 2 of the Insurance Code, on or after
29January 1, 1998, shall be open to inspection one year after their
31(B) If a contract entered into pursuant to
Part 6.2 (commencing
32with Section 12693) or Part 6.4 (commencing with Section
3312699.50) of Division 2 of the Insurance Code is amended, the
34amendment shall be open to inspection one year after the effective
35date of the amendment.
36(3) Three years after a contract or amendment is open to
37inspection pursuant to this subdivision, the portion of the contract
38or amendment containing the rates of payment shall be open to
P11 1(4) Notwithstanding any other law, the entire contract or
2amendments to a contract shall be open to inspection by the Joint
3Legislative Audit Committee. The committee shall maintain the
4confidentiality of the contracts and amendments thereto until the
5contract or amendments to a contract are open to inspection
6pursuant to paragraph (2) or (3).
7(5) The exemption from disclosure provided pursuant
8subdivision for the contracts, deliberative processes, discussions,
9communications, negotiations, impressions, opinions,
10recommendations, meeting minutes, research, work product,
11theories, or strategy of the board or its staff shall also apply to the
12contracts, deliberative processes, discussions, communications,
13negotiations, impressions, opinions, recommendations, meeting
14minutes, research, work product, theories, or strategy of applicants
15pursuant to Part 6.4 (commencing with Section 12699.50) of
16Division 2 of the Insurance Code.
17(z) Records obtained pursuant to paragraph (2) of subdivision
18(f) of Section 2891.1 of the Public Utilities Code.
19(aa) A document prepared by or for a state or local agency that
20assesses its vulnerability to terrorist attack or other criminal acts
21intended to disrupt the public agency’s operations and that is for
22distribution or consideration in a closed session.
23(ab) Critical infrastructure information, as defined in Section
24131(3) of Title 6 of the United States Code, that is voluntarily
25submitted to the
begin delete California Emergency Management Agencyend delete for use by that office, including the identity
27of the person who or entity that voluntarily submitted the
28information. As used in this subdivision, “voluntarily submitted”
29means submitted in the absence of the office exercising any legal
30authority to compel access to or submission of critical infrastructure
31information. This subdivision shall not affect the status of
32information in the possession of any other state or local
information provided to the Secretary of State by a
35person for the purpose of registration in the Advance Health Care
36Directive Registry, except that those records shall be released at
37the request of a health care provider, a public guardian, or the
38registrant’s legal representative.
39(ad) The following records of the State Compensation Insurance
P12 1(1) Records related to claims pursuant to Chapter 1
2(commencing with Section 3200) of Division 4 of the Labor Code,
3to the extent that confidential medical information or other
4individually identifiable information would be disclosed.
5(2) Records related to the discussions, communications, or any
6other portion of the negotiations with entities contracting or seeking
7to contract with the fund, and any related deliberations.
8(3) Records related to the impressions, opinions,
9recommendations, meeting minutes of meetings or sessions that
10are lawfully closed to the public, research, work product, theories,
11or strategy of the fund or its staff, on the development of rates,
12contracting strategy, underwriting, or competitive strategy pursuant
13to the powers granted to the fund in Chapter 4 (commencing with
14Section 11770) of Part 3 of Division 2 of the Insurance Code.
15(4) Records obtained to provide workers’ compensation
16insurance under Chapter 4 (commencing with Section 11770) of
17Part 3 of Division 2 of the Insurance Code, including, but not
18limited to, any medical claims information, policyholder
19information provided that nothing in this paragraph shall be
20interpreted to prevent an insurance agent or broker from obtaining
21proprietary information or other information authorized by law to
22be obtained by the agent or broker, and information on rates,
23pricing, and claims handling received from brokers.
24(5) (A) Records that are trade secrets pursuant to Section
256276.44, or Article 11 (commencing with Section 1060) of Chapter
264 of Division 8 of the Evidence Code, including without limitation,
27instructions, advice, or training provided by the State Compensation
28Insurance Fund to its board members, officers, and employees
29regarding the fund’s special investigation unit, internal audit unit,
30and informational security, marketing, rating, pricing, underwriting,
31claims handling, audits, and collections.
32(B) Notwithstanding subparagraph (A), the portions of records
33containing trade secrets shall be available for review by the Joint
34Legislative Audit Committee, the Bureau of State Audits, Division
35of Workers’ Compensation, and the Department of Insurance to
36ensure compliance with applicable law.
37(6) (A) Internal audits containing proprietary information and
38the following records that are related to an internal audit:
39(i) Personal papers and correspondence of any person providing
40assistance to the fund when that person has requested in writing
P13 1that his or her papers and correspondence be kept private and
2confidential. Those papers and correspondence shall become public
3records if the written request is withdrawn, or upon order of the
5(ii) Papers, correspondence, memoranda, or any substantive
6information pertaining to any audit not completed or an internal
7audit that contains proprietary information.
8(B) Notwithstanding subparagraph (A), the portions of records
9containing proprietary information, or any information specified
10in subparagraph (A) shall be available for review by the Joint
11Legislative Audit Committee, the Bureau of State Audits, Division
12of Workers’ Compensation, and the Department of Insurance to
13ensure compliance with applicable law.
14(7) (A) Except as provided in subparagraph (C), contracts
15entered into pursuant to Chapter 4 (commencing with Section
1611770) of Part 3 of Division 2 of the Insurance Code shall be open
17to inspection one year after the contract has been fully executed.
18(B) If a contract entered into pursuant to Chapter 4 (commencing
19with Section 11770) of Part 3 of Division 2 of the Insurance Code
20is amended, the amendment shall be open to inspection one year
21after the amendment has been fully executed.
22(C) Three years after a contract or amendment is open to
23 inspection pursuant to this subdivision, the portion of the contract
24or amendment containing the rates of payment shall be open to
26(D) Notwithstanding any other law, the entire contract or
27amendments to a contract shall be open to inspection by the Joint
28Legislative Audit Committee. The committee shall maintain the
29confidentiality of the contracts and amendments thereto until the
30contract or amendments to a contract are open to inspection
31pursuant to this paragraph.
32(E) This paragraph is not intended to apply to documents related
33to contracts with public entities that are not otherwise expressly
34confidential as to that public entity.
35(F) For purposes of this paragraph, “fully executed” means the
36point in time when all of the necessary parties to the contract have
37signed the contract.
38This section shall not prevent any agency from opening its
39records concerning the administration of the agency to public
40inspection, unless disclosure is otherwise prohibited by law.
P14 1This section shall not prevent any health facility from disclosing
2to a certified bargaining agent relevant financing information
3pursuant to Section 8 of the National Labor Relations Act (29
4U.S.C. Sec. 158).