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
begin delete conditionsend delete. 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
begin delete in orderend delete
to obtain the information required to be disclosed by that law enforcement agency, as specified. For identification purposes, the bill would begin delete authorizeend delete a state or local law enforcement agency
to accept begin delete variousend delete forms of identification begin delete in orderend delete for a victim of an incident, or the victim’s authorized representative, to obtain that information.
Vote: majority. Appropriation: no. Fiscal committee: yes. 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
P3 1(f) Records of complaints to, or investigations conducted by,
2or records of intelligence information or security procedures of,
3the office of the Attorney General and the Department of Justice,
4the Office of Emergency Services, and any state or local police
5agency, or any investigatory or security files compiled by any other
6state or local police agency, or any investigatory or security files
7compiled by any other state or local agency for correctional, law
8enforcement, or licensing purposes. However, state and local law
9enforcement agencies shall disclose the names and addresses of
10persons involved in, or witnesses other than confidential informants
11to, the incident, the description of any property involved, the date,
12time, and location of the incident, all diagrams, statements of the
13parties involved in the incident, the statements of all witnesses,
14other than confidential informants, to the victims of an incident,
15or an authorized representative thereof, an insurance carrier against
16which a claim has been or might be made, and any person suffering
17bodily injury or property damage or loss, as the result of the
18incident caused by arson, burglary, fire, explosion, larceny,
19robbery, carjacking, vandalism, vehicle theft, or a crime as defined
20by subdivision (b) of Section 13951, unless the disclosure would
21endanger the safety of a witness or other person involved in the
22investigation, or unless disclosure would endanger the successful
23completion of the investigation or a related investigation. However,
24nothing in this division shall require the disclosure of that portion
25of those investigative files that reflects the analysis or conclusions
26of the investigating officer. A state or local law enforcement agency
27shall not require a victim of an incident, or an authorized
28representative thereof, to show proof of the victim’s legal presence
29in the United States in order to obtain the information required to
30be disclosed by that law enforcement agency pursuant to this
31subdivision. However, if, for identification purposes, a state or
32local law enforcement agency requires identification in order for
33a victim of an incident, or an authorized representative thereof, to
34obtain that information, the agency
begin delete may accept the following forms Matricula
35of identification, including, but not limited to, a valid California
36driver’s license or state identification card, a valid passport issued
37by the United States or by a foreign government with whom the
38United States has a diplomatic relationship, or aend delete
4Customer lists provided to a state or local police agency by an
5alarm or security company at the request of the agency shall be
6construed to be records subject to this subdivision.
7Notwithstanding any other provision of this subdivision, state
8and local law enforcement agencies shall make public the following
9information, except to the extent that disclosure of a particular
10item of information would endanger the safety of a person involved
11in an investigation or would endanger the successful completion
12of the investigation or a related investigation:
13(1) The full name and occupation of every individual arrested
14by the agency, the individual’s physical description including date
15of birth, color of eyes and hair, sex, height and weight, the time
16and date of arrest, the time and date of booking, the location of
17the arrest, the factual circumstances surrounding the arrest, the
18amount of bail set, the time and manner of release or the location
19where the individual is currently being held, and all charges the
20individual is being held upon, including any outstanding warrants
21from other jurisdictions and parole or probation holds.
22(2) Subject to the restrictions imposed by Section 841.5 of the
23Penal Code, the time, substance, and location of all complaints or
24requests for assistance received by the agency and the time and
25nature of the response thereto, including, to the extent the
26information regarding crimes alleged or committed or any other
27incident investigated is recorded, the time, date, and location of
28occurrence, the time and date of the report, the name and age of
29the victim, the factual circumstances surrounding the crime or
30incident, and a general description of any injuries, property, or
31weapons involved. The name of a victim of any crime defined by
32Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
33266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
34286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
35Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
36of the November 7, 2006, statewide general election), 288.5, 288.7,
37289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
38be withheld at the victim’s request, or at the request of the victim’s
39parent or guardian if the victim is a minor. When a person is the
40victim of more than one crime, information disclosing that the
P5 1person is a victim of a crime defined in any of the sections of the
2Penal Code set forth in this subdivision may be deleted at the
3request of the victim, or the victim’s parent or guardian if the
4victim is a minor, in making the report of the crime, or of any
5crime or incident accompanying the crime, available to the public
6in compliance with the requirements of this paragraph.
7(3) Subject to the restrictions of Section 841.5 of the Penal Code
8and this subdivision, the current address of every individual
9arrested by the agency and the current address of the victim of a
10crime, where the requester declares under penalty of perjury that
11the request is made for a scholarly, journalistic, political, or
12governmental purpose, or that the request is made for investigation
13purposes by a licensed private investigator as described in Chapter
1411.3 (commencing with Section 7512) of Division 3 of the Business
15and Professions Code. However, the address of the victim of any
16crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
17265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
18273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
19Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
206 of Proposition 83 of the November 7, 2006, statewide general
21election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
22of the Penal Code shall remain confidential. Address information
23obtained pursuant to this paragraph may not be used directly or
24indirectly, or furnished to another, to sell a product or service to
25any individual or group of individuals, and the requester shall
26execute a declaration to that effect under penalty of perjury.
27Nothing in this paragraph shall be construed to prohibit or limit a
28scholarly, journalistic, political, or government use of address
29information obtained pursuant to this paragraph.
30(g) Test questions, scoring keys, and other examination data
31used to administer a licensing examination, examination for
32employment, or academic examination, except as provided for in
33Chapter 3 (commencing with Section 99150) of Part 65 of Division
3414 of Title 3 of the Education Code.
35(h) The contents of real estate appraisals or engineering or
36feasibility estimates and evaluations made for or by the state or
37local agency relative to the acquisition of property, or to
38prospective public supply and construction contracts, until all of
39the property has been acquired or all of the contract agreement
P6 1obtained. However, the law of eminent domain shall not be affected
2by this provision.
3(i) Information required from any taxpayer in connection with
4the collection of local taxes that is received in confidence and the
5disclosure of the information to other persons would result in unfair
6competitive disadvantage to the person supplying the information.
7(j) Library circulation records kept for the purpose of identifying
8the borrower of items available in libraries, and library and museum
9materials made or acquired and presented solely for reference or
10exhibition purposes. The exemption in this subdivision shall not
11apply to records of fines imposed on the borrowers.
12(k) Records, the disclosure of which is exempted or prohibited
13pursuant to federal or state law, including, but not limited to,
14provisions of the Evidence Code relating to privilege.
15(l) Correspondence of and to the Governor or employees
16Governor’s office or in the custody of or maintained by the
17Governor’s Legal Affairs Secretary. However, public records shall
18not be transferred to the custody of the Governor’s Legal Affairs
19Secretary to evade the disclosure provisions of this chapter.
20(m) In the custody of or maintained by the Legislative Counsel,
21except those records in the public database maintained by the
22Legislative Counsel that are described in Section 10248.
23(n) Statements of personal worth or personal financial data
24required by a licensing agency and filed by an applicant with the
25licensing agency to establish his or her personal qualification for
26the license, certificate, or permit applied for.
27(o) Financial data contained in applications for
28Division 27 (commencing with Section 44500) of the Health and
29Safety Code, where an authorized officer of the California Pollution
30Control Financing Authority determines that disclosure of the
31financial data would be competitively injurious to the applicant
32and the data is required in order to obtain guarantees from the
33United States Small Business Administration. The California
34Pollution Control Financing Authority shall adopt rules for review
35of individual requests for confidentiality under this section and for
36making available to the public those portions of an application that
37are subject to disclosure under this chapter.
38(p) Records of state agencies related to activities governed by
39Chapter 10.3 (commencing with Section 3512), Chapter 10.5
40(commencing with Section 3525), and Chapter 12 (commencing
P7 1with Section 3560) of Division 4, that reveal a state agency’s
2deliberative processes, impressions, evaluations, opinions,
3recommendations, meeting minutes, research, work products,
4theories, or strategy, or that provide instruction, advice, or training
5to employees who do not have full collective bargaining and
6representation rights under these chapters. Nothing in this
7subdivision shall be construed to limit the disclosure duties of a
8state agency with respect to any other records relating to the
9activities governed by the employee relations acts referred to in
11(q) (1) Records of state agencies related to activities governed
12by Article 2.6 (commencing with Section 14081), Article 2.8
13(commencing with Section 14087.5), and Article 2.91
14(commencing with Section 14089) of Chapter 7 of Part 3 of
15Division 9 of the Welfare and Institutions Code, that reveal the
16special negotiator’s deliberative processes, discussions,
17communications, or any other portion of the negotiations with
18providers of health care services, impressions, opinions,
19recommendations, meeting minutes, research, work product,
20theories, or strategy, or that provide instruction, advice, or training
22(2) Except for the portion of a contract containing the rates of
23payment, contracts for inpatient services entered into pursuant to
24these articles, on or after April 1, 1984, shall be open to inspection
25one year after they are fully executed. If a contract for inpatient
26services that is entered into prior to April 1, 1984, is amended on
27or after April 1, 1984, the amendment, except for any portion
28containing the rates of payment, shall be open to inspection one
29year after it is fully executed. If the California Medical Assistance
30Commission enters into contracts with health care providers for
31other than inpatient hospital services, those contracts shall be open
32to inspection one year after they are fully executed.
33(3) Three years after a contract or amendment is open to
34inspection under this subdivision, the portion of the contract or
35amendment containing the rates of payment shall be open to
37(4) Notwithstanding any other law, the entire contract or
38amendment shall be open to inspection by the Joint Legislative
39Audit Committee and the Legislative Analyst’s Office. The
40committee and that office shall maintain the confidentiality of the
P8 1contracts and amendments until the time a contract or amendment
2is fully open to inspection by the public.
3(r) Records of Native American graves, cemeteries, and sacred
4places and records of Native American places, features, and objects
5described in Sections 5097.9 and 5097.993 of the Public Resources
6Code maintained by, or in the possession of, the Native American
7Heritage Commission, another state agency, or a local agency.
8(s) A final accreditation report of the Joint Commission on
9Accreditation of Hospitals that has been transmitted to the State
10Department of Health Care Services pursuant to subdivision (b)
11of Section 1282 of the Health and Safety Code.
12(t) Records of a local hospital district, formed pursuant to
13Division 23 (commencing with Section 32000) of the Health and
14Safety Code, or the records of a municipal hospital, formed
15pursuant to Article 7 (commencing with Section 37600) or Article
168 (commencing with Section 37650) of Chapter 5 of Part 2 of
17Division 3 of Title 4 of this code, that relate to any contract with
18an insurer or nonprofit hospital service plan for inpatient or
19outpatient services for alternative rates pursuant to Section 10133
20of the Insurance Code. However, the record shall be open to
21inspection within one year after the contract is fully executed.
22(u) (1) Information contained in applications for licenses to
23carry firearms issued pursuant to Section 26150, 26155, 26170,
24or 26215 of the Penal Code by the sheriff of a county or the chief
25or other head of a municipal police department that indicates when
26or where the applicant is vulnerable to attack or that concerns the
27applicant’s medical or psychological history or that of members
28of his or her family.
29(2) The home address and telephone number of prosecutors,
30public defenders, peace officers, judges, court commissioners, and
31magistrates that are set forth in applications for licenses to carry
32firearms issued pursuant to Section 26150, 26155, 26170, or 26215
33of the Penal Code by the sheriff of a county or the chief or other
34head of a municipal police department.
35(3) The home address and telephone number of prosecutors,
36public defenders, peace officers, judges, court commissioners, and
37magistrates that are set forth in licenses to carry firearms issued
38pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
39Code by the sheriff of a county or the chief or other head of a
40municipal police department.
P9 1(v) (1) Records of the Managed Risk Medical Insurance Board
2related to activities governed by Part 6.3 (commencing with Section
312695), Part 6.5 (commencing with Section 12700), Part 6.6
4(commencing with Section 12739.5), and Part 6.7 (commencing
5with Section 12739.70) of Division 2 of the Insurance Code, and
6that reveal any of the following:
7(A) The deliberative processes, discussions, communications,
8or any other portion of the negotiations with entities contracting
9or seeking to contract with the board, entities with which the board
10is considering a contract, or entities with which the board is
11considering or enters into any other arrangement under which the
12board provides, receives, or arranges services or reimbursement.
13(B) The impressions, opinions, recommendations, meeting
14minutes, research, work product, theories, or strategy of the board
15or its staff, or records that provide instructions, advice, or training
17(2) (A) Except for the portion of a contract that contains the
18rates of payment, contracts entered into pursuant to Part 6.3
19(commencing with Section 12695), Part 6.5 (commencing with
20Section 12700), Part 6.6 (commencing with Section 12739.5), or
21Part 6.7 (commencing with Section 12739.70) of Division 2 of the
22Insurance Code, on or after July 1, 1991, shall be open to inspection
23one year after their effective dates.
24(B) If a contract that is entered into prior to July 1, 1991, is
25amended on or after July 1, 1991, the amendment, except for any
26portion containing the rates of payment, shall be open to inspection
27one year after the effective date of the amendment.
28(3) Three years after a contract or amendment is open to
29inspection pursuant to this subdivision, the portion of the contract
30or amendment containing the rates of payment shall be open to
32(4) Notwithstanding any other law, the entire contract or
33amendments to a contract shall be open to inspection by the Joint
34Legislative Audit Committee. The committee shall maintain the
35confidentiality of the contracts and amendments thereto, until the
36contracts or amendments to the contracts are open to inspection
37pursuant to paragraph (3).
38(w) (1) Records of the Managed Risk Medical Insurance Board
39related to activities governed by Chapter 8 (commencing with
40Section 10700) of Part 2 of Division 2 of the Insurance Code, and
P10 1that reveal the deliberative processes, discussions, communications,
2or any other portion of the negotiations with health plans, or the
3impressions, opinions, recommendations, meeting minutes,
4research, work product, theories, or strategy of the board or its
5staff, or records that provide instructions, advice, or training to
7(2) Except for the portion of a contract that contains the rates
8of payment, contracts for health coverage entered into pursuant to
9Chapter 8 (commencing with Section 10700) of Part 2 of Division
102 of the Insurance Code, on or after January 1, 1993, shall be open
11to inspection one year after they have been fully executed.
12(3) Notwithstanding any other law, the entire contract or
13amendments to a contract shall be open to inspection by the Joint
14Legislative Audit Committee. The committee shall maintain the
15confidentiality of the contracts and amendments thereto, until the
16contracts or amendments to the contracts are open to inspection
17pursuant to paragraph (2).
18(x) Financial data contained in applications for registration, or
19registration renewal, as a service contractor filed with the Director
20of Consumer Affairs pursuant to Chapter 20 (commencing with
21Section 9800) of Division 3 of the Business and Professions Code,
22for the purpose of establishing the service contractor’s net worth,
23or financial data regarding the funded accounts held in escrow for
24service contracts held in force in this state by a service contractor.
25(y) (1) Records of the Managed Risk Medical Insurance Board
26related to activities governed by Part 6.2 (commencing with Section
2712693) or Part 6.4 (commencing with Section 12699.50) of
28Division 2 of the Insurance Code, and that reveal any of the
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
P11 1(2) (A) Except for the portion of a contract that contains the
2rates of payment, contracts entered into pursuant to Part 6.2
3(commencing with Section 12693) or Part 6.4 (commencing with
4Section 12699.50) of Division 2 of the Insurance Code, on or after
5January 1, 1998, shall be open to inspection one year after their
7(B) If a contract entered into pursuant to Part 6.2 (commencing
8with Section 12693) or Part 6.4 (commencing with Section
912699.50) of Division 2 of the Insurance Code is amended, the
10amendment shall be open to inspection one year after the effective
11date 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
20contract or amendments to a contract are open to inspection
21pursuant to paragraph (2) or (3).
22(5) The exemption from disclosure provided pursuant to this
23subdivision for the contracts, deliberative processes, discussions,
24communications, negotiations, impressions, opinions,
25recommendations, meeting minutes, research, work product,
26theories, or strategy of the board or its staff shall also apply to the
27contracts, deliberative processes, discussions, communications,
28negotiations, impressions, opinions, recommendations, meeting
29minutes, research, work product, theories, or strategy of applicants
30pursuant to Part 6.4 (commencing with Section 12699.50) of
31Division 2 of the Insurance Code.
32(z) Records obtained pursuant to paragraph (2) of subdivision
33(f) of Section 2891.1 of the Public Utilities Code.
34(aa) A document prepared by or for a state or local agency that
35assesses its vulnerability to terrorist attack or other criminal acts
36intended to disrupt the public agency’s operations and that is for
37distribution or consideration in a closed session.
38(ab) Critical infrastructure information, as defined in Section
39131(3) of Title 6 of the United States Code, that is voluntarily
40submitted to the Office of Emergency Services for use by that
P12 1office, including the identity of the person who or entity that
2voluntarily submitted the information. As used in this subdivision,
3“voluntarily submitted” means submitted in the absence of the
4office exercising any legal authority to compel access to or
5submission of critical infrastructure information. This subdivision
6shall not affect the status of information in the possession of any
7other state or local governmental agency.
8(ac) All information provided to the Secretary of State by a
9person for the purpose of registration in the Advance Health Care
10Directive Registry, except that those records shall be released at
11the request of a health care provider, a public guardian, or the
12registrant’s legal representative.
13(ad) The following records of the State Compensation Insurance
15(1) Records related to claims pursuant to Chapter 1
16(commencing with Section 3200) of Division 4 of the Labor Code,
17to the extent that confidential medical information or other
18individually identifiable information would be disclosed.
19(2) Records related to the discussions, communications, or any
20other portion of the negotiations with entities contracting or seeking
21to contract with the fund, and any related deliberations.
22(3) Records related to the impressions, opinions,
23recommendations, meeting minutes of meetings or sessions that
24are lawfully closed to the public, research, work product, theories,
25or strategy of the fund or its staff, on the development of rates,
26contracting strategy, underwriting, or competitive strategy pursuant
27to the powers granted to the fund in Chapter 4 (commencing with
28Section 11770) of Part 3 of Division 2 of the Insurance Code.
29(4) Records obtained to provide workers’ compensation
30insurance under Chapter 4 (commencing with Section 11770) of
31Part 3 of Division 2 of the Insurance Code, including, but not
32limited to, any medical claims information, policyholder
33information provided that nothing in this paragraph shall be
34interpreted to prevent an insurance agent or broker from obtaining
35proprietary information or other information authorized by law to
36be obtained by the agent or broker, and information on rates,
37pricing, and claims handling received from brokers.
38(5) (A) Records that are trade secrets pursuant to Section
396276.44, or Article 11 (commencing with Section 1060) of Chapter
404 of Division 8 of the Evidence Code, including without limitation,
P13 1instructions, advice, or training provided by the State Compensation
2Insurance Fund to its board members, officers, and employees
3regarding the fund’s special investigation unit, internal audit unit,
4and informational security, marketing, rating, pricing, underwriting,
5claims handling, audits, and collections.
6(B) Notwithstanding subparagraph (A), the portions of records
7containing trade secrets shall be available for review by the Joint
8Legislative Audit Committee, the Bureau of State Audits, Division
9of Workers’ Compensation, and the Department of Insurance to
10ensure compliance with applicable law.
11(6) (A) Internal audits containing proprietary information and
12the following records that are related to an internal audit:
13(i) Personal papers and correspondence of any person providing
14assistance to the fund when that person has requested in writing
15that his or her papers and correspondence be kept private and
16confidential. Those papers and correspondence shall become public
17records if the written request is withdrawn, or upon order of the
19(ii) Papers, correspondence, memoranda, or
20information pertaining to any audit not completed or an internal
21audit that contains proprietary information.
22(B) Notwithstanding subparagraph (A), the portions of records
23containing proprietary information, or any information specified
24in subparagraph (A) shall be available for review by the Joint
25Legislative Audit Committee, the Bureau of State Audits, Division
26of Workers’ Compensation, and the Department of Insurance to
27ensure compliance with applicable law.
28(7) (A) Except as provided in subparagraph (C), contracts
29entered into pursuant to Chapter 4 (commencing with Section
3011770) of Part 3 of Division 2 of the Insurance Code shall be open
31to inspection one year after the contract has been fully executed.
32(B) If a contract entered into pursuant to Chapter 4 (commencing
33with Section 11770) of Part 3 of Division 2 of the Insurance Code
34is amended, the amendment shall be open to inspection one year
35after the amendment has been fully executed.
36(C) Three years after a contract or amendment is open to
37 inspection pursuant to this subdivision, the portion of the contract
38or amendment containing the rates of payment shall be open to
P14 1(D) 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 this paragraph.
7(E) This paragraph is not intended to apply to documents related
8to contracts with public entities that are not otherwise expressly
9confidential as to that public entity.
10(F) For purposes of this paragraph, “fully executed”
11point in time when all of the necessary parties to the contract have
12signed the contract.
13This section shall not prevent any agency from opening its
14records concerning the administration of the agency to public
15inspection, unless disclosure is otherwise prohibited by law.
16This section shall not prevent any health facility from disclosing
17to a certified bargaining agent relevant financing information
18pursuant to Section 8 of the National Labor Relations Act (29
19U.S.C. Sec. 158).