BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 1195|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  AB 1195
          Author:   Eggman (D), et al.
          Amended:  4/9/13 in Assembly
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-1, 6/4/13
          AYES:  Hancock, Block, De León, Knight, Liu, Steinberg
          NOES:  Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  73-0, 4/22/13 - See last page for vote


           SUBJECT  :    Public records:  crime victims

           SOURCE  :     El Concilio


           DIGEST  :    This bill prohibits law enforcement agencies from  
          requiring proof of legal presence in the United States and  
          refusing to accept certain forms of identification, if  
          identification is required, for the disclosure of crime reports  
          and other related records required to be disclosed under the  
          California Public Records Act (PRA).

           ANALYSIS  :    

          Existing law:
           
           1.The PRA requires public records to be open to inspection by  
            the public except as specifically exempted from disclosure.
                                                                CONTINUED





                                                                    AB 1195
                                                                     Page  
          2


          2.Requires each state or local agency, upon a request for a copy  
            of records that reasonably describes an identifiable record or  
            records (except for those exempt from disclosure), to make the  
            records promptly available to any person upon payment of fees  
            covering direct costs of duplication, or a statutory fee if  
            applicable.

          3.Exempts from disclosure, among many other things,  
            investigatory and security files compiled by any state or  
            local law enforcement agency. However, certain items of  
            information contained in such records are permitted to be  
            disclosed unless disclosure would endanger the successful  
            completion of the investigation or endanger the safety of a  
            witness or the victim or other persons involved in the  
            investigation.

          This bill:

          1.Provides that a state or local law enforcement agency shall  
            not require a victim of an incident, or an authorized  
            representative thereof, to show proof of the victim's legal  
            presence in the United States in order to obtain the  
            information required to be disclosed by that law enforcement  
            agency, as specified. 

          2.Provides however, if, for identification purposes, a state or  
            local law enforcement agency requires identification in order  
            for a victim of an incident, or an authorized representative  
            thereof, to obtain that information, the agency shall, at a  
            minimum, accept a current driver's license or identification  
            card issued by any state in the United States, a current  
            passport issued by the United States or a foreign government  
            with which the United States has a diplomatic relationship, or  
            a current Matricula Consular card. 

           Background
           
          Under the PRA, information associated with a particular crime  
          includes, but is not limited to, the following:  (1) the time,  
          substance, and location of all complaints or requests for  
          assistance received by the agency; (2) the time and nature of  
          the response thereto; (3) the time, date, and location of the  
          occurrence; (4) the time and date of the report; (5) the name  







                                                                    AB 1195
                                                                     Page  
          3

          and age of the victim; (6) the factual circumstances surrounding  
          the crime or incident; and (7) a general description of any  
          injuries, property, or weapons involved.
           
          According to the California Immigrant Policy Center there are  
          many legitimate reasons why a crime victim would seek a copy of  
          the crime report that he or she is entitled to access under the  
          PRA.  For example, victims of human trafficking or other crimes  
          who apply for a U-visa or T-visa under the Violence Against  
          Women's Act would largely benefit from accessing their crime  
          records to support their applications.  A crime report can help  
          a victim of domestic violence obtain a restraining order or  
          initiate divorce proceedings in an expedient matter.  In  
          addition, a victim of identity theft needs to obtain a crime  
          report in order to create an Identity Theft Report with the  
          Federal Trade Commission. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  6/24/13)

          El Concilio (source) 
          American Civil Liberties Union
          Asian Americans for Civil Rights and Equality
          California Attorneys for Criminal Justice
          California Catholic Conference
          California Immigrant Policy Center
          California Labor Federation
          California Labor Federation
          California Latino Legislative Caucus
          California Partnership
          California Partnership to End Domestic Violence
          Californians for Safety and Justice
          Coalition to Abolish Slavery and Trafficking
          Community Legal Services in East Palo Alto
          Council for the Spanish Speaking
          Crime Victims Action Alliance
          Crime Victims United of California
          East Bay Sanctuary Convenant
          Haven Women's Center of Stanislaus
          Hunger Action Los Angeles
          Immigration Center for Women and Children
          Improving Dreams, Equity, Access and Success-IDEAS at SF State







                                                                    AB 1195
                                                                     Page  
          4

          Long Beach Immigration Rights Coalition
          Mexican American Legal Defense and Education Fund
          Mujeres Unidas y Activas
          National Council of Jewish Women
          National Council of La Raza
          North Valley Federation
          Pangea Legal Services
          Service Employees International Union California
          The Greenlining Institute
          United Farm Workers
          Women's Center-Youth and Family Services
          Women's Crisis Support-Defensa de Mujeres

           ARGUMENTS IN SUPPORT  :    According to the author:

               This bill ensures that crime victims have access to their  
               crime report as required by the California Public Records  
               Act.  There are reports of some victims of crime being  
               denied their crime report due to their residency status.   
               Current law does not require proof of identification or  
               spell out what forms of identification are acceptable if a  
               victim wishes to access their crime report.  In practice,  
               most law enforcement agencies require proof of  
               identification to support a request for a crime report.    
               Some jurisdictions, however, are denying specific  
               categories of identification, such as the Matricula  
               Consular card or foreign passports without supporting  
               documentation proving the holder's legal presence within  
               the United States.  

               This bill will remedy the problem by prescribing what  
               acceptable forms of identification are without actually  
               mandating that a law enforcement agency require  
               identification in order to access a crime report. 
               
           ASSEMBLY FLOOR :  73-0, 4/22/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,  
            Grove, Hall, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Maienschein, Medina,  
            Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,  







                                                                    AB 1195
                                                                     Page  
          5

            Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,  
            Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,  
            Torres, Wagner, Wieckowski, Wilk, Williams, Yamada, John A.  
            Pérez
          NO VOTE RECORDED:  Donnelly, Hagman, Lowenthal, Mansoor,  
            Waldron, Weber, Vacancy


          JG:nl  6/25/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****