AB 1195, as amended, 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.
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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,
37the Office of Emergency Services, and any state or local police
38agency, or any investigatory or security files compiled by any other
P3 1state or local police agency, or any investigatory or security files
2compiled by any other state or local agency for correctional, law
3enforcement, or licensing purposes. However, state and local law
4enforcement agencies shall disclose the names and addresses of
5persons involved in, or witnesses other than confidential informants
6to, the incident, the description of any property involved, the date,
7time, and location of the incident, all diagrams, statements of the
8parties involved in the incident, the statements of all witnesses,
9other than confidential informants, to the victims of an incident,
10or an authorized representative thereof, an insurance carrier against
11which a claim has been or might be made, and any person suffering
12bodily injury or property damage or loss, as the result of the
13incident caused by arson, burglary, fire, explosion, larceny,
14robbery, carjacking, vandalism, vehicle theft, or a crime as defined
15by subdivision (b) of Section 13951, unless the disclosure would
16endanger the safety of a witness or other person involved in the
17investigation, or unless disclosure would endanger the successful
18completion of the investigation or a related investigation. However,
19nothing in this division shall require the disclosure of that portion
20of those investigative files that reflects the analysis or conclusions
21of the investigating officer. A state or local law enforcement agency
22shall not require a victim of an incident, or an authorized
23representative thereof, to show proof of the victim’s legal presence
24in the United States
begin delete of Americaend delete in order to obtain the information
25required to be disclosed by that law enforcement agency pursuant
26to this subdivision.
35Customer lists provided to a state or local police agency by an
36alarm or security company at the request of the agency shall be
37construed to be records subject to this subdivision.
38Notwithstanding any other provision of this subdivision, state
39and local law enforcement agencies shall make public the following
40information, except to the extent that disclosure of a particular
P4 1item of information would endanger the safety of a person involved
2in an investigation or would endanger the successful completion
3of the investigation or a related investigation:
4(1) The full name and occupation of every individual arrested
5by the agency, the individual’s physical description including date
6of birth, color of eyes and hair, sex, height and weight, the time
7and date of arrest, the time and date of booking, the location of
8the arrest, the factual circumstances surrounding the arrest, the
9amount of bail set, the time and manner of release or the location
10where the individual is currently being held, and all charges the
11individual is being held upon, including any outstanding warrants
12from other jurisdictions and parole or probation holds.
13(2) Subject to the restrictions imposed by Section 841.5 of the
14Penal Code, the time, substance, and location of all complaints or
15requests for assistance received by the agency and the time and
16nature of the response thereto, including, to the extent the
17information regarding crimes alleged or committed or any other
18incident investigated is recorded, the time, date, and location of
19occurrence, the time and date of the report, the name and age of
20the victim, the factual circumstances surrounding the crime or
21incident, and a general description of any injuries, property, or
22weapons involved. The name of a victim of any crime defined by
23Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
24266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
25286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
26Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
27of the November 7, 2006, statewide general election), 288.5, 288.7,
28289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
29be withheld at the victim’s request, or at the request of the victim’s
30parent or guardian if the victim is a minor. When a person is the
31victim of more than one crime, information disclosing that the
32person is a victim of a crime defined in any of the sections of the
33Penal Code set forth in this subdivision may be deleted at the
34request of the victim, or the victim’s parent or guardian if the
35victim is a minor, in making the report of the crime, or of any
36crime or incident accompanying the crime, available to the public
37in compliance with the requirements of this paragraph.
38(3) Subject to the restrictions of Section 841.5 of the Penal Code
39and this subdivision, the current address of every individual
40arrested by the agency and the current address of the victim of a
P5 1crime, where the requester declares under penalty of perjury that
2the request is made for a scholarly, journalistic, political, or
3governmental purpose, or that the request is made for investigation
4purposes by a licensed private investigator as described in Chapter
511.3 (commencing with Section 7512) of Division 3 of the Business
6and Professions Code. However, the address of the victim of any
7crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
8265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
9273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
10Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
116 of Proposition 83 of the November 7, 2006, statewide general
12election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
13of the Penal Code shall remain confidential. Address information
14obtained pursuant to this paragraph may not be used directly or
15indirectly, or furnished to another, to sell a product or service to
16any individual or group of individuals, and the requester shall
17execute a declaration to that effect under penalty of perjury.
18Nothing in this paragraph shall be construed to prohibit or limit a
19scholarly, journalistic, political, or government use of address
20information obtained pursuant to this paragraph.
21(g) Test questions, scoring keys, and other examination data
22used to administer a licensing examination, examination for
23employment, or academic examination, except as provided for in
24Chapter 3 (commencing with Section 99150) of Part 65 of Division
2514 of Title 3 of the Education Code.
26(h) The contents of real estate appraisals or engineering or
27feasibility estimates and evaluations made for or by the state or
28local agency relative to the acquisition of property, or to
29prospective public supply and construction contracts, until all of
30the property has been acquired or all of the contract agreement
31obtained. However, the law of eminent domain shall not be affected
32by this provision.
33(i) Information required from any taxpayer in connection with
34the collection of local taxes that is received in confidence and the
35disclosure of the information to other persons would result in unfair
36competitive disadvantage to the person supplying the information.
37(j) Library circulation records kept for the purpose of identifying
38the borrower of items available in libraries, and library and museum
39materials made or acquired and presented solely for reference or
P6 1exhibition purposes. The exemption in this subdivision shall not
2apply to records of fines imposed on the borrowers.
3(k) Records, the disclosure of which is exempted or prohibited
4pursuant to federal or state law, including, but not limited to,
5provisions of the Evidence Code relating to privilege.
6(l) Correspondence of and to the Governor or employees of the
7Governor’s office or in the custody of or maintained by the
8Governor’s Legal Affairs Secretary. However, public records shall
9not be transferred to the custody of the Governor’s Legal Affairs
10Secretary to evade the disclosure provisions of this chapter.
11(m) In the custody of or maintained by the Legislative Counsel,
12except those records in the public database maintained by the
13Legislative Counsel that are described in Section 10248.
14(n) Statements of personal worth or personal financial data
15required by a licensing agency and filed by an applicant with the
16licensing agency to establish his or her personal qualification for
17the license, certificate, or permit applied for.
18(o) Financial data contained in applications for financing under
19Division 27 (commencing with Section 44500) of the Health and
20Safety Code, where an authorized officer of the California Pollution
21Control Financing Authority determines that disclosure of the
22financial data would be competitively injurious to the applicant
23and the data is required in order to obtain guarantees from the
24United States Small Business Administration. The California
25Pollution Control Financing Authority shall adopt rules for review
26of individual requests for confidentiality under this section and for
27making available to the public those portions of an application that
28are subject to disclosure under this chapter.
29(p) Records of state agencies related to activities governed by
30Chapter 10.3 (commencing with Section 3512), Chapter 10.5
31(commencing with Section 3525), and Chapter 12 (commencing
32with Section 3560) of Division 4, that reveal a state agency’s
33deliberative processes, impressions, evaluations, opinions,
34recommendations, meeting minutes, research, work products,
35theories, or strategy, or that provide instruction, advice, or training
36to employees who do not have full collective bargaining and
37representation rights under these chapters. Nothing in this
38subdivision shall be construed to limit the disclosure duties of a
39state agency with respect to any other records relating to the
P7 1activities governed by the employee relations acts referred to in
3(q) (1) Records of state agencies related to activities governed
4by Article 2.6 (commencing with Section 14081), Article 2.8
5(commencing with Section 14087.5), and Article 2.91
6(commencing with Section 14089) of Chapter 7 of Part 3 of
7Division 9 of the Welfare and Institutions Code, that reveal the
8special negotiator’s deliberative processes, discussions,
9communications, or any other portion of the negotiations with
10providers of health care services, impressions, opinions,
11recommendations, meeting minutes, research, work product,
12theories, or strategy, or that provide instruction, advice, or training
14(2) Except for the portion of a contract containing the rates of
15payment, contracts for inpatient services entered into pursuant to
16these articles, on or after April 1, 1984, shall be open to inspection
17one year after they are fully executed. If a contract for inpatient
18services that is entered into prior to April 1, 1984, is amended on
19or after April 1, 1984, the amendment, except for any portion
20containing the rates of payment, shall be open to inspection one
21year after it is fully executed. If the California Medical Assistance
22Commission enters into contracts with health care providers for
23other than inpatient hospital services, those contracts shall be open
24to inspection one year after they are fully executed.
25(3) Three years after a contract or amendment is open to
26inspection under this subdivision, the portion of the contract or
27amendment containing the rates of payment shall be open to
29(4) Notwithstanding any other law, the entire contract or
30amendment shall be open to inspection by the Joint Legislative
31Audit Committee and the Legislative Analyst’s Office. The
32committee and that office shall maintain the confidentiality of the
33contracts and amendments until the time a contract or amendment
34is fully open to inspection by the public.
35(r) Records of Native American graves, cemeteries, and sacred
36places and records of Native American places, features, and objects
37described in Sections 5097.9 and 5097.993 of the Public Resources
38Code maintained by, or in the possession of, the Native American
39Heritage Commission, another state agency, or a local agency.
P8 1(s) A final accreditation report of the Joint Commission on
2Accreditation of Hospitals that has been transmitted to the State
3Department of Health Care Services pursuant to subdivision (b)
4of Section 1282 of the Health and Safety Code.
5(t) Records of a local hospital district, formed pursuant to
6Division 23 (commencing with Section 32000) of the Health and
7Safety Code, or the records of a municipal hospital, formed
8pursuant to Article 7 (commencing with Section 37600) or Article
98 (commencing with Section 37650) of Chapter 5 of Part 2 of
10Division 3 of Title 4 of this code, that relate to any contract with
11an insurer or nonprofit hospital service plan for inpatient or
12outpatient services for alternative rates pursuant to Section 10133
13of the Insurance Code. However, the record shall be open to
14inspection within one year after the contract is fully executed.
15(u) (1) Information contained in applications for licenses to
16carry firearms issued pursuant to Section 26150, 26155, 26170,
17or 26215 of the Penal Code by the sheriff of a county or the chief
18or other head of a municipal police department that indicates when
19or where the applicant is vulnerable to attack or that concerns the
20applicant’s medical or psychological history or that of members
21of his or her family.
22(2) The home address and telephone number of prosecutors,
23public defenders, peace officers, judges, court commissioners, and
24magistrates that are set forth in applications for licenses to carry
25firearms issued pursuant to Section 26150, 26155, 26170, or 26215
26of the Penal Code by the sheriff of a county or the chief or other
27head of a municipal police department.
28(3) The home address and telephone number of prosecutors,
29public defenders, peace officers, judges, court commissioners, and
30magistrates that are set forth in licenses to carry firearms issued
31pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
32Code by the sheriff of a county or the chief or other head of a
33municipal police department.
34(v) (1) Records of the Managed Risk Medical Insurance Board
35related to activities governed by Part 6.3 (commencing with Section
3612695), Part 6.5 (commencing with Section 12700), Part 6.6
37(commencing with Section 12739.5), and Part 6.7 (commencing
38with Section 12739.70) of Division 2 of the Insurance Code, and
39that reveal any of the following:
P9 1(A) The deliberative processes, discussions, communications,
2or any other portion of the negotiations with entities contracting
3or seeking to contract with the board, entities with which the board
4is considering a contract, or entities with which the board is
5considering or enters into any other arrangement under which the
6board provides, receives, or arranges services or reimbursement.
7(B) The impressions, opinions, recommendations, meeting
8minutes, research, work product, theories, or strategy of the board
9or its staff, or records that provide instructions, advice, or training
11(2) (A) Except for the portion of a contract that contains the
12rates of payment, contracts entered into pursuant to Part 6.3
13(commencing with Section 12695), Part 6.5 (commencing with
14Section 12700), Part 6.6 (commencing with Section 12739.5), or
15Part 6.7 (commencing with Section 12739.70) of Division 2 of the
16Insurance Code, on or after July 1, 1991, shall be open to inspection
17one year after their effective dates.
18(B) If a contract that is entered into prior to July 1, 1991, is
19amended on or after July 1, 1991, the amendment, except for any
20portion containing the rates of payment, shall be open to inspection
21one year after the effective date of the amendment.
22(3) Three years after a contract or amendment is open to
23inspection pursuant to this subdivision, the portion of the contract
24or amendment containing the rates of payment shall be open to
26(4) 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
30contracts or amendments to the contracts are open to inspection
31pursuant to paragraph (3).
32(w) (1) Records of the Managed Risk Medical Insurance Board
33related to activities governed by Chapter 8 (commencing with
34Section 10700) of Part 2 of Division 2 of the Insurance Code, and
35that reveal the deliberative processes, discussions, communications,
36or any other portion of the negotiations with health plans, or the
37impressions, opinions, recommendations, meeting minutes,
38research, work product, theories, or strategy of the board or its
39staff, or records that provide instructions, advice, or training to
P10 1(2) Except for the portion of a contract that contains the rates
2of payment, contracts for health coverage entered into pursuant to
3Chapter 8 (commencing with Section 10700) of Part 2 of Division
42 of the Insurance Code, on or after January 1, 1993, shall be open
5to inspection one year after they have been fully executed.
6(3) Notwithstanding any other law, the entire contract or
7amendments to a contract shall be open to inspection by the Joint
8Legislative Audit Committee. The committee shall maintain the
9confidentiality of the contracts and amendments thereto, until the
10contracts or amendments to the contracts are open to inspection
11pursuant to paragraph (2).
12(x) Financial data contained in applications for registration, or
13registration renewal, as a service contractor filed with the Director
14of Consumer Affairs pursuant to Chapter 20 (commencing with
15Section 9800) of Division 3 of the Business and Professions Code,
16for the purpose of establishing the service contractor’s net worth,
17or financial data regarding the funded accounts held in escrow for
18service contracts held in force in this state by a service contractor.
19(y) (1) Records of the Managed Risk Medical Insurance Board
20related to activities governed by Part 6.2 (commencing with Section
2112693) or Part 6.4 (commencing with Section 12699.50) of
22Division 2 of the Insurance Code, and that reveal any of the
24(A) The deliberative processes,
25or any other portion of the negotiations with entities contracting
26or seeking to contract with the board, entities with which the board
27is considering a contract, or entities with which the board is
28considering or enters into any other arrangement under which the
29board provides, receives, or arranges services or reimbursement.
30(B) The impressions, opinions, recommendations, meeting
31minutes, research, work product, theories, or strategy of the board
32or its staff, or records that provide instructions, advice, or training
34(2) (A) Except for the portion of a contract that contains the
35rates of payment, contracts entered into pursuant to Part 6.2
36(commencing with Section 12693) or Part 6.4 (commencing with
37Section 12699.50) of Division 2 of the Insurance Code, on or after
38January 1, 1998, shall be open to inspection one year after their
P11 1(B) If a contract entered into pursuant to Part 6.2 (commencing
2 with Section 12693) or Part 6.4 (commencing with Section
312699.50) of Division 2 of the Insurance Code is amended, the
4amendment shall be open to inspection one year after the effective
5date of the amendment.
6(3) Three years after a contract or amendment is open to
7inspection pursuant to this subdivision, the portion of the contract
8or amendment containing the rates of payment shall be open to
10(4) Notwithstanding any other law, the entire contract or
11amendments to a contract shall be open to inspection by the Joint
12Legislative Audit Committee. The committee shall maintain the
13confidentiality of the contracts and amendments thereto until the
14contract or amendments to a contract are open to inspection
15pursuant to paragraph (2) or (3).
16(5) The exemption from disclosure provided pursuant to this
17subdivision for the contracts, deliberative processes, discussions,
18communications, negotiations, impressions, opinions,
19recommendations, meeting minutes, research, work product,
20theories, or strategy of the board or its staff shall also apply to the
21contracts, deliberative processes, discussions, communications,
22negotiations, impressions, opinions, recommendations, meeting
23minutes, research, work product, theories, or strategy of applicants
24pursuant to Part 6.4 (commencing with Section 12699.50) of
25Division 2 of the Insurance Code.
26(z) Records obtained pursuant to paragraph (2) of subdivision
27(f) of Section 2891.1 of the Public Utilities Code.
28(aa) A document prepared by or for a state or local agency that
29assesses its vulnerability to terrorist attack or other criminal acts
30intended to disrupt the public agency’s operations and that is for
31distribution or consideration in a closed session.
32(ab) Critical infrastructure information, as defined in Section
33131(3) of Title 6 of the United States Code, that is voluntarily
34submitted to the Office of Emergency Services for use by that
35office, including the identity of the person who or entity that
36voluntarily submitted the information. As used in this subdivision,
37“voluntarily submitted” means submitted in the absence of the
38office exercising any legal authority to compel access to or
39submission of critical infrastructure information. This subdivision
P12 1shall not affect the status of information in the possession of any
2other state or local governmental agency.
3(ac) All information provided to the Secretary of State by a
4person for the purpose of registration in the Advance Health Care
5Directive Registry, except that those records shall be released at
6the request of a health care provider, a public guardian, or the
7registrant’s legal representative.
8(ad) The following records of the State Compensation Insurance
10(1) Records related to claims pursuant to Chapter 1
11(commencing with Section 3200) of Division 4 of the Labor Code,
12to the extent that confidential medical information or other
13individually identifiable information would be disclosed.
14(2) Records related to the discussions, communications, or any
15other portion of the negotiations with entities contracting or seeking
16to contract with the fund, and any related deliberations.
17(3) Records related to the impressions, opinions,
18recommendations, meeting minutes of meetings or sessions that
19are lawfully closed to the public, research, work product, theories,
20or strategy of the fund or its staff, on the development of rates,
21contracting strategy, underwriting, or competitive strategy pursuant
22to the powers granted to the fund in Chapter 4 (commencing with
23Section 11770) of Part 3 of Division 2 of the Insurance Code.
24(4) Records obtained to provide workers’ compensation
25insurance under Chapter 4 (commencing with Section 11770) of
26Part 3 of Division 2 of the Insurance Code, including, but not
27limited to, any medical claims information, policyholder
28information provided that nothing in this paragraph shall be
29interpreted to prevent an insurance agent or broker from obtaining
30proprietary information or other information authorized by law to
31be obtained by the agent or broker, and information on rates,
32pricing, and claims handling received from brokers.
33(5) (A) Records that are trade secrets pursuant to Section
346276.44, or Article 11 (commencing with Section 1060) of Chapter
354 of Division 8 of the Evidence Code, including without limitation,
36instructions, advice, or training provided by the State Compensation
37Insurance Fund to its board members, officers, and employees
38regarding the fund’s special investigation unit, internal audit unit,
39and informational security, marketing, rating, pricing, underwriting,
40claims handling, audits, and collections.
P13 1(B) Notwithstanding subparagraph (A), the portions of records
2containing trade secrets shall be available for review by the Joint
3Legislative Audit Committee, the Bureau of State Audits, Division
4of Workers’ Compensation, and the Department of Insurance to
5ensure compliance with applicable law.
6(6) (A) Internal audits containing proprietary information and
7the following records that are related to an internal audit:
papers and correspondence of any person providing
9assistance to the fund when that person has requested in writing
10that his or her papers and correspondence be kept private and
11confidential. Those papers and correspondence shall become public
12records if the written request is withdrawn, or upon order of the
14(ii) Papers, correspondence, memoranda, or any substantive
15information pertaining to any audit not completed or an internal
16audit that contains proprietary information.
17(B) Notwithstanding subparagraph (A), the portions of records
18containing proprietary information, or any information specified
19in subparagraph (A) shall be available for review by the Joint
20Legislative Audit Committee, the Bureau of State Audits, Division
21of Workers’ Compensation, and the Department of Insurance to
22ensure compliance with applicable law.
23(7) (A) Except as provided in subparagraph (C), contracts
24entered into pursuant to Chapter 4 (commencing with Section
2511770) of Part 3 of Division 2 of the Insurance Code shall be open
26to inspection one year after the contract has been fully executed.
27(B) If a contract entered into pursuant to Chapter 4 (commencing
28with Section 11770) of Part 3 of Division 2 of the Insurance Code
29is amended, the amendment shall be open to inspection one year
30after the amendment has been fully executed.
31(C) Three years after a contract or amendment is open to
32 inspection pursuant to this subdivision, the portion of the contract
33or amendment containing the rates of payment shall be open to
35(D) Notwithstanding any other law, the entire contract or
36amendments to a contract shall be open to inspection by the Joint
37Legislative Audit Committee. The committee shall maintain the
38confidentiality of the contracts and amendments thereto until the
39contract or amendments to a contract are open to inspection
40pursuant to this paragraph.
P14 1(E) This paragraph is not intended to apply to documents related
2to contracts with public entities that are not otherwise expressly
3confidential as to that public entity.
4(F) For purposes of this paragraph, “fully executed” means
5point in time when all of the necessary parties to the contract have
6signed the contract.
7This section shall not prevent any agency from opening its
8records concerning the administration of the agency to public
9inspection, unless disclosure is otherwise prohibited by law.
10This section shall not prevent any health facility from disclosing
11to a certified bargaining agent relevant financing information
12pursuant to Section 8 of the National Labor Relations Act (29
13U.S.C. Sec. 158).