BILL NUMBER: AB 619	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 24, 2015

   An act to amend Section 12525 of the Government Code, relating to
death records.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 12525 of the Government Code is amended to
read:
   12525.   (a)     In any case in which
  When  a person dies while in the custody of any
law enforcement agency or while in custody in a local or state
correctional facility in this state, the law enforcement agency or
the agency in charge of the correctional facility shall report in
writing to the Attorney General, within 10 days after the death, all
facts in the possession of the law enforcement agency or agency in
charge of the correctional facility concerning the death.
These writings are public records within the meaning of subdivision
(d) of Section 6252 of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), are open
to public inspection pursuant to Sections 6253, 6256, 6257, and 6258.
Nothing in this section shall permit the disclosure of confidential
medical information that may have been submitted to the Attorney
General's office in conjunction with the report except as provided in
Part 2.6 (commencing with Section 56) of Division 1 of the Civil
Code.  
   (b) The writings described in subdivision (a) are public records
within the meaning of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), and are
open to public inspection pursuant to that act.  
   (c) (1) Notwithstanding Section 10231.5, the Attorney General
shall annually provide the Legislature with a report summarizing the
writings received by the Attorney General pursuant to subdivision
(a). The report shall comply with Section 9795.  
   (2) The Attorney General shall make the reports described in
paragraph (1) available to the public by posting those reports on the
Department of Justice's Internet Web site.  
   (d) This section does not authorize the disclosure of confidential
medical information that may have been submitted to the Attorney
General's office in conjunction with the writings described in
subdivision (a), except as provided in Part 2.6 (commencing with
Section 56) of Division 1 of the Civil Code.