BILL ANALYSIS �
AB 1250
Page 1
ASSEMBLY THIRD READING
AB 1250 (Perea)
As Amended April 18, 2013
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, Mitchell, | | |
| |Quirk, Skinner, Waldron | | |
| | | | |
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SUMMARY : Clarifies the informant privilege applies to
communications between people who call crime stopper
organizations for the purpose of transmittal of that information
to law enforcement.
EXISTING LAW :
1)Provides that all relevant evidence is admissible unless it is
made inadmissible by some constitutional or statutory
provision.
2)States that the Right to Truth-in-Evidence constitutional
amendment as relevant evidence shall not be excluded in any
criminal proceeding, including pre-trial and post-trial
conviction motions and hearing, or in any trial or hearing of
a juvenile for a criminal offense, whether heard in juvenile
or adult court.
3)Provides that in all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime shall have
been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against
him or her; to have compulsory process for obtaining witnesses
in his or her favor, and to have the Assistance of Counsel for
his or her defense.
4)Provides that a public entity has a privilege to refuse to
disclose the identity of an informer if disclosure is against
the public interest because there is a need to preserve the
AB 1250
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confidentiality of the informer's identity that outweighs the
need for disclosure to the parties to the action. This
section applies only if the information is furnished in
confidence by the informer to:
a) A law enforcement officer;
b) A representative of an administrative agency charged
with the administration or enforcement of the law alleged
to be violated; or,
c) Any person for the purpose of transmittal to a law
enforcement officer or representative of an administrative
agency.
There is no privilege under this section to prevent the
informer from disclosing his or her identity.
5)States that a married person has a privilege not to testify
against his or her spouse in a criminal or civil action,
irrespective of whether the spouse is a party to the action.
6)Provides that a person, whether a party to an action or not,
who is married or who was formerly married to a particular
spouse, has the privilege to refuse to disclose, and to
prevent another, including an eavesdropper, from disclosing a
confidential communication between the person and the spouse
while they were married.
7)States that a patient, has a privilege to refuse to disclose,
and to prevent another from disclosing confidential
communication between patient and physician.
8)Provides that a patient has the privilege to refuse to
disclose, and to prevent another person from disclosing a
confidential communication between the patient and a
psychotherapist.
9)States that a penitent has a privilege to refuse to disclose
and to prevent disclosure of a confidential communication
between the penitent and their cleric.
10)Provides that a client has a privilege to refuse to disclose
and prevent another from disclosing a confidential
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communication between the client and a lawyer.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Law enforcement relies on
tips from people who submit them to Crime Stoppers organizations
to solve crimes. Currently, there is no law to protect
communication between 'tipsters' and Crime Stoppers
organizations. It is essential to protect this information to
ensure a 'tipster' is not at risk of threats or retaliation, and
tips continue to be received."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0000244