AB 619, as introduced, Weber. Death records: deaths in law enforcement custody.
Under existing law, when a person dies while in the custody of a law enforcement agency or while in custody in a local or state correctional facility, the law enforcement agency or the agency in charge of the correctional facility is required to report in writing to the Attorney General, within 10 days after the death, all facts in the possession of the agency concerning the death. Existing law generally provides that those writings are public records under the California Public Records Act, and are open to public inspection pursuant to that act.
This bill would additionally require the Attorney General to annually provide to the Legislature a report summarizing the writings received pursuant to the provisions described above. The bill would also require the Attorney General to make those reports available to the public by posting those reports on the Department of Justice’s Internet Web site.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12525 of the Government Code is
2amended to read:
begin insert(a)end insertbegin insert end insertbegin deleteIn any case in which end deletebegin insertWhen end inserta person dies while in
4the custody of any law enforcement agency or while in custody in
5a local or state correctional facility in this state, the law
6enforcement agency or the agency in charge of the correctional
7facility shall report in writing to the Attorney General, within 10
8days after the death, all facts in the possession of the law
9enforcement agency or agency in charge of the correctional facility
10concerning the death.begin delete These writings are public records within the
11meaning of subdivision (d) of Section 6252 of the California Public
12Records Act (Chapter 3.5 (commencing with Section 6250) of
13
Division 7 of Title 1), are open to public inspection pursuant to
14Sections 6253, 6256, 6257, and 6258. Nothing in this section shall
15permit the disclosure of confidential medical information that may
16have been submitted to the Attorney General’s office in conjunction
17with the report except as provided in Part 2.6 (commencing with
18Section 56) of Division 1 of the Civil Code.end delete
19(b) The writings described in subdivision (a) are public records
20within the meaning of the California Public Records Act (Chapter
213.5 (commencing with Section 6250) of Division 7 of Title 1), and
22are open to public inspection pursuant to that act.
23(c) (1) Notwithstanding Section 10231.5, the
Attorney General
24shall annually provide the Legislature with a report summarizing
25the writings received by the Attorney General pursuant to
26subdivision (a). The report shall comply with Section 9795.
27(2) The Attorney General shall make the reports described in
28paragraph (1) available to the public by posting those reports on
29the Department of Justice’s Internet Web site.
30(d) This section does not authorize the disclosure of confidential
31medical information that may have been submitted to the Attorney
32General’s office in conjunction with the writings described in
33subdivision (a), except as provided in Part 2.6 (commencing with
34Section 56) of Division 1 of the Civil
Code.
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