AB 1250, as introduced, Perea. Privileged communications: crime stopper privilege.
Existing law provides several privileges against the compulsory release of certain types of information.
This bill would provide that a person shall not be required to disclose identifying information, as defined, regarding a person who submits statements of alleged criminal activity to a crime stopper organization, as defined, or to produce any records, documentary evidence, opinions, or decisions relating to the identifying information in connection with any criminal proceeding by way of any discovery procedure. The bill also would authorize a person arrested or charged with a criminal offense to petition the court for an in camera review of a privileged communication, and any records, documentary evidence, opinions, or decisions relating to that communication, on the basis of certain facts alleged in the petition, and would authorize a court to order production and disclosure to the petitioner’s attorney as it deems appropriate, so long as identifying information is not disclosed. The bill would prohibit disclosure of the documents to certain individuals, except as specified, and would, if the petitioner is acting as his or her own attorney, require the court to order the production of documents to a private investigator licensed by the Department of Consumer Affairs and appointed by the court or to impose other reasonable restrictions, as specified.
Section 28 of Article I of the California Constitution provides that relevant evidence shall not be excluded in any criminal proceeding except as provided by statute enacted by a 2⁄3 vote of the membership of each house of the Legislature.
Because this bill would limit the admissibility of evidence in criminal proceedings, it would require a 2⁄3 vote.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Article 12 (commencing with Section 1064) is
2added to Chapter 4 of Division 8 of the Evidence Code, to read:
3
As used in this article, the following definitions apply:
7(a) “Crime stoppers organization” means a private, nonprofit
8organization that accepts and expends donations for rewards to
9persons who report to the organization information concerning
10alleged criminal activity and that forwards the information to the
11appropriate law enforcement agency.
12(b) “Identifying information” means information that identifies
13a person who submits a statement of alleged criminal activity to
14a crime stoppers organization by name, address, or telephone
15number, and includes other information that would allow someone
16to easily ascertain the identity of the person.
17(c) “Privileged communication” means a statement by a person,
18in any manner, to a crime stopper organization for the purpose of
19reporting alleged criminal activity.
(a) A person shall not be required to disclose identifying
21information, by way of testimony or otherwise, or to produce,
22under subpoena, any records, documentary evidence, opinions, or
23decisions relating to the identifying information in connection with
24a criminal proceeding by way of any discovery procedure.
25(b) A person arrested or charged with a criminal offense may
26petition the court for an in camera review of a privileged
27communication, and any records, documentary evidence, opinions,
P3 1or decisions relating to the privileged communication, as it relates
2to that person.
3(1) The court shall determine if any of the documents relating
4to the privileged communication may be relevant
to the issue of
5the petitioner’s guilt or punishment or to any motions to suppress
6that may be brought by the petitioner.
7(2) If the court determines, pursuant to paragraph (1) that any
8of the documents relating to the privileged communication may
9be relevant, it may order their production and disclosure to the
10petitioner’s attorney as the court deems appropriate, so long as
11identifying information is not disclosed.
12(A) If the court orders the production of documents relating to
13a privileged communication, the petitioner’s attorney shall not
14disclose the documents to the petitioner, members of the
15petitioner’s family, or any other person unless specifically
16permitted to do so by the court after a hearing and upon a showing
17of good cause.
18(B) Notwithstanding subparagraph (A), the petitioner’s attorney
19may disclose or
permit to be disclosed documents relating to a
20privileged communication to persons employed by the attorney or
21to persons appointed by the court to assist in the preparation of the
22petitioner’s case if disclosure is required for that purpose. The
23attorney shall inform all persons provided with the documents that
24further dissemination of the documents is prohibited, except as
25provided by this section.
26(C) If the petitioner is acting as his or her own attorney, the
27court shall only order the production of documents relating to a
28privileged communication to a private investigator licensed by the
29Department of Consumer Affairs and appointed by the court or
30impose other reasonable restrictions, absent a showing of good
31cause as determined by the court.
32(c) Notwithstanding subdivisions (a) and (b), identifying
33information and privileged communications may be released with
34the permission
of the person who submitted the statement to the
35crime stoppers organization.
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