BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1195
                                                                  Page  1

          Date of Hearing:   April 17, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 1195 (Eggman) - As Amended:  April 9, 2013 

          Policy Committee:                              JudiciaryVote:9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Prohibits state and local law enforcement agencies from  
            requiring a crime victim to show proof of legal residence in  
            the U.S. in order to obtain information from a crime report.

          2)Requires an agency, when requiring identification in order for  
            a victim to obtain a crime report, to, at a minimum, accept:

             a)   A current U.S. state issued driver's license or  
               identification card.
             b)   A current U.S. or foreign passport.
             c)   A current Matricula Consular card.

           FISCAL EFFECT  

          Likely minor costs statewide for law enforcement agencies  
          currently not in compliance to conform procedures to the bill's  
          requirements.

           COMMENTS  

           Purpose  . This bill is co-sponsored by the California Immigrant  
          Policy Center and El Concilio to address reports that some local  
          law enforcement officials have denied crime victims access to  
          their crime reports, to which they are entitled to under the  
          PRA, because victims do not present identification demonstrating  
          proof of legal residency. This bill prohibits requiring proof of  
          legal residency in order for a victim to obtain a crime report. 

          It should be noted the bill does not prohibit a law enforcement  








                                                                  AB 1195
                                                                  Page  2

          agency from requiring a victim seeking a copy of their crime  
          report to provide valid identification. The bill does provide,  
          however, that these agencies must at least accept as valid  
          identification a driver's license, passport, or a Matricula  
          Consular-a personal identification card issued by the Mexican  
          government through its consulate offices that serves as the  
          official record for its citizens living outside Mexico. An  
          informal survey by El Concilio found that five of 22 sheriff's  
          offices surveyed reported that they did not accept a foreign  
          passport or Matricula Consular as valid identification.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081