AB 1250, as amended, 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 abegin delete personend deletebegin insert tipsterend insert 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 authorizebegin delete 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 communicationend delete,begin insert
in a criminal proceeding, the defendant and the district attorney to petition the court by noticed motion for an in camera review of the record or report containing the privileged communicationend insertbegin insert, as specified, to determineend insert on the basis of certain facts alleged in the petitionbegin delete, andend deletebegin insert if the record or report contains evidence that is exculpatory to the defendant in the trial of that offense. The billend insert 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) “Crimebegin delete stoppersend deletebegin insert stopperend insert organization” means a private,
8nonprofit organization that accepts and expends donations for
9rewards to persons who report to the organization information
10concerning alleged criminal activity and that forwards the
11information to the appropriate law enforcement agency.
12(b) “Identifying information” means information that identifies
13a person who submits a statement of alleged criminal
activity to
14a crimebegin delete stoppersend deletebegin insert stopperend insert organization by name, address, or
15telephone number, and includes other information that would allow
16someone to easily ascertain the identity of the person.
17(c) “Privileged communication” meansbegin delete aend deletebegin insert anyend insert statementbegin delete by a begin insert,
information, or
18person, in any manner, to a crime stopper organization for the
19purpose of reporting alleged criminal activityend delete
20identifying information submitted by a tipster to a crime stopper
21organization for the purpose of reporting alleged criminal activityend insert.
P3 1(d) “Tipster” means a person who provides a crime stopper
2organization with a statement or information regarding alleged
3criminal activity by any means including, but not limited to, by
4writing, telephone, text, e-mail, or other electronic means.
(a) A person shall not be required to disclose identifying
6information, by way of testimony or otherwise, or to produce,
7under subpoena, any records, documentary evidence, opinions, or
8decisions relating to the identifying information in connection with
9a criminal proceeding by way of any discovery procedure.
10(b) In a criminal proceeding, the defendant and the district
11attorney may petition the court by noticed motion for review of
12the record or report containing the privileged communication. The
13motion shall be accompanied by a declaration under penalty of
14perjury that the record or report contains evidence that is
15exculpatory to the
defendant in the trial of that offense. Upon the
16filing of the motion, the court may subpoena the record or the
17report from the crime stopper organization. The court shall conduct
18an in camera hearing to determine if the record or report contains
19evidence that is exculpatory to the defendant in the trial of that
20offense. A party shall not obtain the privileged communication
21through a criminal or civil subpoena duces tecum.
22(b) A person arrested or charged with a criminal offense may
23petition the court for an in camera review of a privileged
24communication, and any records, documentary evidence, opinions,
25or decisions relating to the privileged communication, as it relates
26to that person.
27(1) The court shall determine if any of the documents relating
28to the privileged communication may be relevant to the issue of
29the petitioner’s guilt or punishment or to any motions to suppress
30that may be brought by the petitioner.
31(2) If the court determines, pursuant to paragraph (1) that any
32of the documents relating to the privileged communication may
33be relevant, it may order their production and disclosure to the
34petitioner’s attorney as the court deems appropriate, so long as
35identifying information is not disclosed.
36(A) If the court orders the production of documents relating to
37a privileged communication, the petitioner’s attorney shall not
38disclose the documents to the petitioner, members of the
39petitioner’s family,
or any other person unless specifically
P4 1permitted to do so by the court after a hearing and upon a showing
2of good cause.
3(B) Notwithstanding subparagraph (A), the petitioner’s attorney
4may disclose or permit to be disclosed documents relating to a
5privileged communication to persons employed by the attorney or
6to persons appointed by the court to assist in the preparation of the
7petitioner’s case if disclosure is required for that purpose. The
8attorney shall inform all persons provided with the documents that
9further dissemination of the documents is prohibited, except as
10provided by this section.
11(C) If the petitioner is acting as his or her own attorney, the
12court shall only order the production of documents relating to a
13privileged communication to a private investigator
licensed by the
14Department of Consumer Affairs and appointed by the court or
15impose other reasonable restrictions, absent a showing of good
16cause as determined by the court.
17(c) Notwithstanding subdivisions (a) and (b), identifying
18information and privileged communications may be released with
19the permission of the person who submitted the statement to the
20crime stoppers organization.
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