Amended in Senate June 21, 2016

Amended in Senate June 16, 2016

Amended in Assembly April 7, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2498

Introduced by Assembly Member Bonta

February 19, 2016

An act to amend Section 6254 of the Government Code, and to amend Sections 293, 293.5, and 1048 of the Penal Code, relating to human trafficking.

LEGISLATIVE COUNSEL’S DIGEST

AB 2498, as amended, Bonta. Human trafficking.

The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. Existing law exempts from disclosure any investigatory or security file compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. Existing law requires, however, that state and local law enforcement agencies make public specified information, including names of victims, relating to the circumstances surrounding all complaints or requests for assistance, among other things, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in the investigation. Existing law allows victims of specified crimes, including human trafficking, to request that their names be withheld from any public records request, and upon that request prohibits law enforcement agencies from disclosing those names except under specified circumstances. Existing law additionally prohibits law enforcement agencies from disclosing the addresses of victims of specified crimes, including human trafficking.

This bill would authorize, at the request of a victim and subject to specified restrictions, the withholding of the names and images of a victim of human trafficking and that victim’s immediate family, as defined and as specified, from disclosure pursuant to the California Public Records Act until the investigation or any subsequent prosecution is complete. The bill would additionally prohibit law enforcement agencies from disclosing the names, addresses, and images of victims of human trafficking and their immediate family, except under specified circumstances. begin insert The bill would also require law enforcement agencies to orally inform the person who alleges to be the victim of human trafficking of his or her right to have his or her name, addresses, and images, and the names, addresses, and images of his or her immediate family members withheld and kept confidential. If the victim’s native language is not English, the bill would require that the law enforcement agency inform the victim of this right in his or her native language. By imposing new duties on law enforcement agencies, the bill would impose a state-mandated local program. end insert

Existing law, as amended by the Californians Against Sexual Exploitation Act (CASE Act), an initiative measure enacted by the approval of Proposition 35 at the November 6, 2012, statewide general election proscribes the crime of human trafficking. A person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or to effect or maintain a violation of various felony or misdemeanor offenses, including offenses relating to prostitution, child pornography, as specified, or extortion, as defined, is guilty of human trafficking. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of various felony or misdemeanor offenses, is also guilty of human trafficking.

Existing law proscribes various sex offenses, including pimping and pandering. Existing law makes a person who procures another person for the purposes of prostitution, or who by promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute guilty of pandering. Existing law makes a person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper, manager, or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person guilty of pimping.

Existing law generally requires that the issues on the court calendar be disposed of in a specified order, unless for good cause the court directs an action to be tried out of its order. Existing law requires that certain criminal actions, however, take precedence over all other criminal actions in the order of trial, including criminal actions in which a person is a victim of an alleged violation of a specified sex offense, including rape, incest, or sodomy, committed by the use of force, violence, or the threat of force or violence.

This bill would expand the list of criminal actions that take precedence over all other criminal actions in the order of trial to include human trafficking, as defined by the CASE Act, pimping, and pandering. The bill would also make technical and clarifying changes.

This bill would also make other technical, nonsubstantive, and conforming changes.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect regarding the need to maintain the confidential names of victims of human trafficking and their families.

begin insert

This bill would incorporate additional changes to Section 6254 of the Government Code proposed by AB 2611 to take effect if both bills are chaptered and this bill is chaptered last.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 6254 of the Government Code is amended
to read:

6254.  

Except as provided in Sections 6254.7 and 6254.13, this
chapter does not require the disclosure of any of the following
records:

(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the
ordinary course of business, if the public interest in withholding
those records clearly outweighs the public interest in disclosure.

(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or
claim has been finally adjudicated or otherwise settled.

(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.

(d) Records contained in or related to any of the following:

(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of financial
institutions, including, but not limited to, banks, savings and loan
associations, industrial loan companies, credit unions, and
insurance companies.

(2) Examination, operating, or condition reports prepared by,
on behalf of, or for the use of, any state agency referred to in
paragraph (1).

(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).

(4) Information received in confidence by any state agency
referred to in paragraph (1).

(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.

(f) Records of complaints to, or investigations conducted by,
or records of intelligence information or security procedures of,
the office of the Attorney General and the Department of Justice,
the Office of Emergency Services and any state or local police
agency, or any investigatory or security files compiled by any other
state or local police agency, or any investigatory or security files
compiled by any other state or local agency for correctional, law
enforcement, or licensing purposes. However, state and local law
enforcement agencies shall disclose the names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident,
or an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
this subdivision does not require the disclosure of that portion of
those investigative files that reflects the analysis or conclusions
of the investigating officer.

Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.

Notwithstanding any other provision of this subdivision, state
and local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved
in an investigation or would endanger the successful completion
of the investigation or a related investigation:

(1) The full name and occupation of every individual arrested
by the agency, the individual’s physical description including date
of birth, color of eyes and hair, sex, height and weight, the time
and date of arrest, the time and date of booking, the location of
the arrest, the factual circumstances surrounding the arrest, the
amount of bail set, the time and manner of release or the location
where the individual is currently being held, and all charges the
individual is being held upon, including any outstanding warrants
from other jurisdictions and parole or probation holds.

(2) (A) Subject to the restrictions imposed by Section 841.5 of
the Penal Code, the time, substance, and location of all complaints
or requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of
the victim, the factual circumstances surrounding the crime or
incident, and a general description of any injuries, property, or
weapons involved. The name of a victim of any crime defined by
Section 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b,
266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286,
288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7,
422.75, 646.9, or 647.6 of the Penal Code may be withheld at the
victim’s request, or at the request of the victim’s parent or guardian
if the victim is a minor. When a person is the victim of more than
one crime, information disclosing that the person is a victim of a
crime defined in any of the sections of the Penal Code set forth in
this subdivision may be deleted at the request of the victim, or the
victim’s parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements
of this paragraph.

begin delete

(B) Subject

end delete

begin insert (B) end insert begin insert   end insert begin insert Subject end insert to the restrictions imposed by Section 841.5 of the
Penal Code, the names and images of a victim of human trafficking,
as defined in Section 236.1 of the Penal Code, and of that victim’s
immediate family, other than a family member who is charged
with a criminal offense arising from the same incident, may be
withheld at the victim’s request until the investigation or any
subsequent prosecution is complete. For purposes of this
subdivision, “immediate family” shall have the same meaning as
that provided in paragraph (3) of subdivision (b) of Section 422.4
of the Penal Code.

(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, if the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business
and Professions Code. However, the address of the victim of any
crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7,
289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall
remain confidential. Address information obtained pursuant to this
paragraph shall not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. This paragraph shall not be
construed to prohibit or limit a scholarly, journalistic, political, or
government use of address information obtained pursuant to this
paragraph.

(g) Test questions, scoring keys, and other examination data
used to administer a licensing examination, examination for
employment, or academic examination, except as provided for in
Chapter 3 (commencing with Section 99150) of Part 65 of Division
14 of Title 3 of the Education Code.

(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected
by this provision.

(i) Information required from any taxpayer in connection with
the collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.

(j) Library circulation records kept for the purpose of identifying
the borrower of items available in libraries, and library and museum
materials made or acquired and presented solely for reference or
exhibition purposes. The exemption in this subdivision shall not
apply to records of fines imposed on the borrowers.

(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.

(l) Correspondence of and to the Governor or employees of the
Governor’s office or in the custody of or maintained by the
Governor’s Legal Affairs Secretary. However, public records shall
not be transferred to the custody of the Governor’s Legal Affairs
Secretary to evade the disclosure provisions of this chapter.

(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.

(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.

(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and
Safety Code, if an authorized officer of the California Pollution
Control Financing Authority determines that disclosure of the
financial data would be competitively injurious to the applicant
and the data is required in order to obtain guarantees from the
United States Small Business Administration. The California
Pollution Control Financing Authority shall adopt rules for review
of individual requests for confidentiality under this section and for
making available to the public those portions of an application that
are subject to disclosure under this chapter.

(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5
(commencing with Section 3525), and Chapter 12 (commencing
with Section 3560) of Division 4, that reveal a state agency’s
deliberative processes, impressions, evaluations, opinions,
recommendations, meeting minutes, research, work products,
theories, or strategy, or that provide instruction, advice, or training
to employees who do not have full collective bargaining and
representation rights under these chapters. This subdivision shall
not be construed to limit the disclosure duties of a state agency
with respect to any other records relating to the activities governed
by the employee relations acts referred to in this subdivision.

(q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91
(commencing with Section 14089) of Chapter 7 of Part 3 of
Division 9 of the Welfare and Institutions Code, that reveal the
special negotiator’s deliberative processes, discussions,
communications, or any other portion of the negotiations with
providers of health care services, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy, or that provide instruction, advice, or training
to employees.

(2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to inspection
one year after they are fully executed. If a contract for inpatient
services that is entered into prior to April 1, 1984, is amended on
or after April 1, 1984, the amendment, except for any portion
containing the rates of payment, shall be open to inspection one
year after it is fully executed. If the California Medical Assistance
Commission enters into contracts with health care providers for
other than inpatient hospital services, those contracts shall be open
to inspection one year after they are fully executed.

(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendment shall be open to inspection by the Joint Legislative
Audit Committee and the Legislative Analyst’s Office. The
committee and that office shall maintain the confidentiality of the
contracts and amendments until the time a contract or amendment
is fully open to inspection by the public.

(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.

(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b)
of Section 1282 of the Health and Safety Code.

(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and
Safety Code, or the records of a municipal hospital, formed
pursuant to Article 7 (commencing with Section 37600) or Article
8 (commencing with Section 37650) of Chapter 5 of Part 2 of
Division 3 of Title 4 of this code, that relate to any contract with
an insurer or nonprofit hospital service plan for inpatient or
outpatient services for alternative rates pursuant to Section 10133
of the Insurance Code. However, the record shall be open to
inspection within one year after the contract is fully executed.

(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170,
or 26215 of the Penal Code by the sheriff of a county or the chief
or other head of a municipal police department that indicates when
or where the applicant is vulnerable to attack or that concerns the
applicant’s medical or psychological history or that of members
of his or her family.

(2) The home address and telephone number of prosecutors,
public defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in applications for licenses to carry
firearms issued pursuant to Section 26150, 26155, 26170, or 26215
of the Penal Code by the sheriff of a county or the chief or other
head of a municipal police department.

(3) The home address and telephone number of prosecutors,
public defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
Code by the sheriff of a county or the chief or other head of a
municipal police department.

(v) (1) Records of the Managed Risk Medical Insurance Board
and the State Department of Health Care Services related to
activities governed by Part 6.3 (commencing with Section 12695),
Part 6.5 (commencing with Section 12700), Part 6.6 (commencing
with Section 12739.5), or Part 6.7 (commencing with Section
12739.70) of Division 2 of the Insurance Code, or Chapter 2
(commencing with Section 15810) or Chapter 4 (commencing with
Section 15870) of Part 3.3 of Division 9 of the Welfare and
Institutions Code, and that reveal any of the following:

(A) The deliberative processes, discussions, communications,
or any other portion of the negotiations with entities contracting
or seeking to contract with the board or the department, entities
with which the board or the department is considering a contract,
or entities with which the board or department is considering or
enters into any other arrangement under which the board or the
department provides, receives, or arranges services or
reimbursement.

(B) The impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of the board
or its staff or the department or its staff, or records that provide
instructions, advice, or training to their employees.

(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with
Section 12700), Part 6.6 (commencing with Section 12739.5), or
Part 6.7 (commencing with Section 12739.70) of Division 2 of the
Insurance Code, or Chapter 2 (commencing with Section 15810)
or Chapter 4 (commencing with Section 15870) of Part 3.3 of
Division 9 of the Welfare and Institutions Code, on or after July
1, 1991, shall be open to inspection one year after their effective
dates.

(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.

(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).

(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with
Section 10700) of Part 2 of Division 2 of the Insurance Code, and
that reveal the deliberative processes, discussions, communications,
or any other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.

(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division
2 of the Insurance Code, on or after January 1, 1993, shall be open
to inspection one year after they have been fully executed.

(3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).

(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with
Section 9800) of Division 3 of the Business and Professions Code,
for the purpose of establishing the service contractor’s net worth,
or financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service contractor.

(y) (1) Records of the Managed Risk Medical Insurance Board
and the State Department of Health Care Services related to
activities governed by Part 6.2 (commencing with Section 12693)
or Part 6.4 (commencing with Section 12699.50) of Division 2 of
the Insurance Code or Sections 14005.26 and 14005.27 of, or
Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
9 of, the Welfare and Institutions Code, if the records reveal any
of the following:

(A) The deliberative processes, discussions, communications,
or any other portion of the negotiations with entities contracting
or seeking to contract with the board or the department, entities
with which the board or department is considering a contract, or
entities with which the board or department is considering or enters
into any other arrangement under which the board or department
provides, receives, or arranges services or reimbursement.

(B) The impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of the board
or its staff, or the department or its staff, or records that provide
instructions, advice, or training to employees.

(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with
Section 12699.50) of Division 2 of the Insurance Code, on or after
January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter
3 (commencing with Section 15850) of Part 3.3 of Division 9 of,
the Welfare and Institutions Code shall be open to inspection one
year after their effective dates.

(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code or Sections
14005.26 and 14005.27 of, or Chapter 3 (commencing with Section
15850) of Part 3.3 of Division 9 of, the Welfare and Institutions
Code, is amended, the amendment shall be open to inspection one
year after the effective date of the amendment.

(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection
pursuant to paragraph (2) or (3).

(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy of the board or its staff, or the department or
its staff, shall also apply to the contracts, deliberative processes,
discussions, communications, negotiations, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy of applicants pursuant to Part 6.4 (commencing
with Section 12699.50) of Division 2 of the Insurance Code or
Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
9 of the Welfare and Institutions Code.

(z) Records obtained pursuant to paragraph (2) of subdivision
(f) of Section 2891.1 of the Public Utilities Code.

(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency’s operations and that is for
distribution or consideration in a closed session.

(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the Office of Emergency Services for use by that
office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
“voluntarily submitted” means submitted in the absence of the
office exercising any legal authority to compel access to or
submission of critical infrastructure information. This subdivision
shall not affect the status of information in the possession of any
other state or local governmental agency.

(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant’s legal representative.

(ad) The following records of the State Compensation Insurance
Fund:

(1) Records related to claims pursuant to Chapter 1
(commencing with Section 3200) of Division 4 of the Labor Code,
to the extent that confidential medical information or other
individually identifiable information would be disclosed.

(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or seeking
to contract with the fund, and any related deliberations.

(3) Records related to the impressions, opinions,
recommendations, meeting minutes of meetings or sessions that
are lawfully closed to the public, research, work product, theories,
or strategy of the fund or its staff, on the development of rates,
contracting strategy, underwriting, or competitive strategy pursuant
to the powers granted to the fund in Chapter 4 (commencing with
Section 11770) of Part 3 of Division 2 of the Insurance Code.

(4) Records obtained to provide workers’ compensation
insurance under Chapter 4 (commencing with Section 11770) of
Part 3 of Division 2 of the Insurance Code, including, but not
limited to, any medical claims information, policyholder
information provided that nothing in this paragraph shall be
interpreted to prevent an insurance agent or broker from obtaining
proprietary information or other information authorized by law to
be obtained by the agent or broker, and information on rates,
pricing, and claims handling received from brokers.

(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter
4 of Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund’s special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing, underwriting,
claims handling, audits, and collections.

(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, California State Auditor’s Office,
Division of Workers’ Compensation, and the Department of
Insurance to ensure compliance with applicable law.

(6) (A) Internal audits containing proprietary information and
the following records that are related to an internal audit:

(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing
that his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.

(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.

(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified
in subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, California State Auditor’s Office,
Division of Workers’ Compensation, and the Department of
Insurance to ensure compliance with applicable law.

(7) (A) Except as provided in subparagraph (C), contracts
entered into pursuant to Chapter 4 (commencing with Section
11770) of Part 3 of Division 2 of the Insurance Code shall be open
to inspection one year after the contract has been fully executed.

(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code
is amended, the amendment shall be open to inspection one year
after the amendment has been fully executed.

(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection
pursuant to this paragraph.

(E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.

(F) For purposes of this paragraph, “fully executed” means the
point in time when all of the necessary parties to the contract have
signed the contract.

This section does not prevent any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.

This section does not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29
U.S.C. Sec. 158).

begin insert

begin insert SEC. 1 end insert begin insert .5. end insert   

end insert

begin insert Section 6254 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

6254.  

Except as provided in Sections 6254.7 and 6254.13, this
chapter does not require the disclosure of any of the following
records:

(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the
ordinary course of business, if the public interest in withholding
those records clearly outweighs the public interest in disclosure.

(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or
claim has been finally adjudicated or otherwise settled.

(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.

(d) Records contained in or related to any of the following:

(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of financial
institutions, including, but not limited to, banks, savings and loan
associations, industrial loan companies, credit unions, and
insurance companies.

(2) Examination, operating, or condition reports prepared by,
on behalf of, or for the use of, any state agency referred to in
paragraph (1).

(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).

(4) Information received in confidence by any state agency
referred to in paragraph (1).

(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.

(f)  begin insert (1) end insert begin insert   end insert Records of complaints to, or investigations conducted
by, or records of intelligence information or security procedures
of, the office of the Attorney General and the Department of
Justice, the Office of Emergency Services and any state or local
police agency, or any investigatory or security files compiled by
any other state or local police agency, or any investigatory or
security files compiled by any other state or local agency for
correctional, law enforcement, or licensing purposes. However,

begin delete state and local law enforcement agencies shall disclose the end delete begin insert this
subdivision does not require the disclosure of that portion of those
investigative files that reflects the analysis or conclusions of the
investigating officer. end insert

begin insert

(2) Notwithstanding paragraph (1), state and local law
enforcement agencies shall disclose the following:

end insert

begin insert ( end insert begin insert A) end insert begin insert   end insert begin insert The end insert names and addresses of persons involved in, or
witnesses other than confidential informants to, the incident, the
description of any property involved, the date, time, and location
of the incident, all diagrams, statements of the parties involved in
the incident, the statements of all witnesses, other than confidential
informants, to the victims of an incident, or an authorized
representative thereof, an insurance carrier against which a claim
has been or might be made, and any person suffering bodily injury
or property damage or loss, as the result of the incident caused by
arson, burglary, fire, explosion, larceny, robbery, carjacking,
vandalism, vehicle theft, or a crime as defined by subdivision (b)
of Section 13951, unless the disclosure would endanger the safety
of a begin delete witness or end delete begin insert witness, a victim, or any end insert other person involved in
the investigation, or unless disclosure would endanger the
successful completion of the investigation or a related investigation.

begin delete However, this division does not require the disclosure of that
portion of those investigative files that reflects the analysis or
conclusions of the investigating officer. end delete

begin delete

Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.

end delete begin delete

Notwithstanding any other provision of this subdivision, state
and local law enforcement agencies shall make public the following
information, except

end delete

begin insert (B) end insert begin insert   end insert begin insert Except end insert to the extent that disclosure of a particular item of
information would endanger the safety of a person involved in an
investigation or would endanger the successful completion of the
investigation or a related investigation:

begin delete

(1)

end delete

begin insert ( end insert begin insert i) end insert  The full name and occupation of every individual arrested
by the agency, the individual’s physical description including date
of birth, color of eyes and hair, sex, height and weight, the time
and date of arrest, the time and date of booking, the location of
the arrest, the factual circumstances surrounding the arrest, the
amount of bail set, the time and manner of release or the location
where the individual is currently being held, and all charges the
individual is being held upon, including any outstanding warrants
from other jurisdictions and parole or probation holds.

begin delete

(2)

end delete

begin insert (ii) end insert   begin insert (I) end insert begin insert   end insert Subject to the restrictions imposed by Section 841.5 of
the Penal Code, the time, substance, and location of all complaints
or requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of
the victim, the factual circumstances surrounding the crime or
incident, and a general description of any injuries, property, or
weapons involved. The name of a victim of any crime defined by
Section 220, begin delete 236.1, end delete 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
286, 288, 288a, 288.2, begin delete 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
of the November 7, 2006, statewide general election), end delete begin insert 288.3, 288.4, end insert
288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the
Penal Code may be withheld at the victim’s request, or at the
request of the victim’s parent or guardian if the victim is a minor.
When a person is the victim of more than one crime, information
disclosing that the person is a victim of a crime defined in any of
the sections of the Penal Code set forth in this subdivision may be
deleted at the request of the victim, or the victim’s parent or
guardian if the victim is a minor, in making the report of the crime,
or of any crime or incident accompanying the crime, available to
the public in compliance with the requirements of this begin delete paragraph. end delete

begin insert clause. end insert

begin delete

(3)

end delete begin insert

(II) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the names and images of a victim of human trafficking,
as defined in Section 236.1 of the Penal Code, and of that victim’s
immediate family, other than a family member who is charged with
a criminal offense arising from the same incident, may be withheld
at the victim’s request until the investigation or any subsequent
prosecution is complete. For purposes of this subdivision,
“immediate family” shall have the same meaning as that provided
in paragraph (3) of subdivision (b) of Section 422.4 of the Penal
Code.

end insert

begin insert (iii) end insert  Subject to the restrictions of Section 841.5 of the Penal
Code and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, if the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business
and Professions Code. However, the address of the victim of any
crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
273d, 273.5, 285, 286, 288, 288a, 288.2, begin delete 288.3 (as added by
Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
6 of Proposition 83 of the November 7, 2006, statewide general
election), end delete begin insert 288.3, 288 end insert begin insert .4, end insert 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code shall remain confidential.
Address information obtained pursuant to this begin delete paragraph end delete begin insert subclause end insert
shall not be used directly or indirectly, or furnished to another, to
sell a product or service to any individual or group of individuals,
and the requester shall execute a declaration to that effect under
penalty of perjury. This begin delete paragraph end delete begin insert subclause end insert shall not be construed
to prohibit or limit a scholarly, journalistic, political, or government
use of address information obtained pursuant to this begin delete paragraph. end delete

begin insert subclause. end insert

begin insert

(3) Any visual or audio recording of another that depicts death
or serious bodily injury in such a morbid and sensational manner
that the content is highly offensive to a reasonable person and any
public interest or law enforcement purpose for disclosure is clearly
outweighed by the public interest in nondisclosure.

end insert begin insert

(4) Any visual or audio recording of the death of a peace officer
being killed in the line of duty, unless authorized to be released
by the officer’s immediate family.

end insert begin insert

(5) Notwithstanding any other provision of this subdivision, the
state and local law enforcement agency shall disclose a copy of a
visual or audio recording if the portion of the recording that meets
the criteria of paragraph (3) or (4) can be redacted from the
recording.

end insert begin insert

(6) For purposes of this subdivision, the following definitions
shall apply:

end insert begin insert

(A) “Records” include, but are not limited to, a visual recording
and a customer list provided to a state or local police agency by
an alarm or security company at the request of the agency.

end insert begin insert

(B) “Visual or audio recording” means any photography, film,
videotape, audio recording, or other visual or audio reproduction.

end insert

(g) Test questions, scoring keys, and other examination data
used to administer a licensing examination, examination for
employment, or academic examination, except as provided for in
Chapter 3 (commencing with Section 99150) of Part 65 of Division
14 of Title 3 of the Education Code.

(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected
by this provision.

(i) Information required from any taxpayer in connection with
the collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.

(j) Library circulation records kept for the purpose of identifying
the borrower of items available in libraries, and library and museum
materials made or acquired and presented solely for reference or
exhibition purposes. The exemption in this subdivision shall not
apply to records of fines imposed on the borrowers.

(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.

(l) Correspondence of and to the Governor or employees of the
Governor’s office or in the custody of or maintained by the
Governor’s Legal Affairs Secretary. However, public records shall
not be transferred to the custody of the Governor’s Legal Affairs
Secretary to evade the disclosure provisions of this chapter.

(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.

(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.

(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and
Safety Code, if an authorized officer of the California Pollution
Control Financing Authority determines that disclosure of the
financial data would be competitively injurious to the applicant
and the data is required in order to obtain guarantees from the
United States Small Business Administration. The California
Pollution Control Financing Authority shall adopt rules for review
of individual requests for confidentiality under this section and for
making available to the public those portions of an application that
are subject to disclosure under this chapter.

(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5
(commencing with Section 3525), and Chapter 12 (commencing
with Section 3560) of Division 4, that reveal a state agency’s
deliberative processes, impressions, evaluations, opinions,
recommendations, meeting minutes, research, work products,
theories, or strategy, or that provide instruction, advice, or training
to employees who do not have full collective bargaining and
representation rights under these chapters. This subdivision shall
not be construed to limit the disclosure duties of a state agency
with respect to any other records relating to the activities governed
by the employee relations acts referred to in this subdivision.

(q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91
(commencing with Section 14089) of Chapter 7 of Part 3 of
Division 9 of the Welfare and Institutions Code, that reveal the
special negotiator’s deliberative processes, discussions,
communications, or any other portion of the negotiations with
providers of health care services, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy, or that provide instruction, advice, or training
to employees.

(2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to inspection
one year after they are fully executed. If a contract for inpatient
services that is entered into prior to April 1, 1984, is amended on
or after April 1, 1984, the amendment, except for any portion
containing the rates of payment, shall be open to inspection one
year after it is fully executed. If the California Medical Assistance
Commission enters into contracts with health care providers for
other than inpatient hospital services, those contracts shall be open
to inspection one year after they are fully executed.

(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendment shall be open to inspection by the Joint Legislative
Audit Committee and the Legislative Analyst’s Office. The
committee and that office shall maintain the confidentiality of the
contracts and amendments until the time a contract or amendment
is fully open to inspection by the public.

(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.

(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b)
of Section 1282 of the Health and Safety Code.

(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and
Safety Code, or the records of a municipal hospital, formed
pursuant to Article 7 (commencing with Section 37600) or Article
8 (commencing with Section 37650) of Chapter 5 of Part 2 of
Division 3 of Title 4 of this code, that relate to any contract with
an insurer or nonprofit hospital service plan for inpatient or
outpatient services for alternative rates pursuant to Section 10133
of the Insurance Code. However, the record shall be open to
inspection within one year after the contract is fully executed.

(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170,
or 26215 of the Penal Code by the sheriff of a county or the chief
or other head of a municipal police department that indicates when
or where the applicant is vulnerable to attack or that concerns the
applicant’s medical or psychological history or that of members
of his or her family.

(2) The home address and telephone number of prosecutors,
public defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in applications for licenses to carry
firearms issued pursuant to Section 26150, 26155, 26170, or 26215
of the Penal Code by the sheriff of a county or the chief or other
head of a municipal police department.

(3) The home address and telephone number of prosecutors,
public defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
Code by the sheriff of a county or the chief or other head of a
municipal police department.

(v) (1) Records of the Managed Risk Medical Insurance Board
and the State Department of Health Care Services related to
activities governed by Part begin delete 6.3 (commencing with Section 12695),
Part 6.5 (commencing with Section 12700), Part end delete 6.6 (commencing
with Section 12739.5), or Part 6.7 (commencing with Section
12739.70) of Division 2 of the Insurance Code, or Chapter 2
(commencing with Section 15810) or Chapter 4 (commencing with
Section 15870) of Part 3.3 of Division 9 of the Welfare and
Institutions Code, and that reveal any of the following:

(A) The deliberative processes, discussions, communications,
or any other portion of the negotiations with entities contracting
or seeking to contract with the board or the department, entities
with which the board or the department is considering a contract,
or entities with which the board or department is considering or
enters into any other arrangement under which the board or the
department provides, receives, or arranges services or
reimbursement.

(B) The impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of the board
or its staff or the department or its staff, or records that provide
instructions, advice, or training to their employees.

(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part begin delete 6.3
(commencing with Section 12695), Part 6.5 (commencing with
Section 12700), Part end delete 6.6 (commencing with Section 12739.5), or
Part 6.7 (commencing with Section 12739.70) of Division 2 of the
Insurance Code, or Chapter 2 (commencing with Section 15810)
or Chapter 4 (commencing with Section 15870) of Part 3.3 of
Division 9 of the Welfare and Institutions Code, on or after July
1, 1991, shall be open to inspection one year after their effective
dates.

(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.

(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).

(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with
Section 10700) of Part 2 of Division 2 of the Insurance Code, and
that reveal the deliberative processes, discussions, communications,
or any other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.

(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division
2 of the Insurance Code, on or after January 1, 1993, shall be open
to inspection one year after they have been fully executed.

(3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).

(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with
Section 9800) of Division 3 of the Business and Professions Code,
for the purpose of establishing the service contractor’s net worth,
or financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service contractor.

(y) (1) Records of the Managed Risk Medical Insurance Board
and the State Department of Health Care Services related to
activities governed by Part 6.2 (commencing with Section 12693)
begin delete or Part 6.4 (commencing with Section 12699.50) end delete of Division 2 of
the Insurance Code or Sections 14005.26 and 14005.27 of, or
Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
9 of, the Welfare and Institutions Code, if the records reveal any
of the following:

(A) The deliberative processes, discussions, communications,
or any other portion of the negotiations with entities contracting
or seeking to contract with the board or the department, entities
with which the board or department is considering a contract, or
entities with which the board or department is considering or enters
into any other arrangement under which the board or department
provides, receives, or arranges services or reimbursement.

(B) The impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of the board
or its staff, or the department or its staff, or records that provide
instructions, advice, or training to employees.

(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) begin delete or Part 6.4 (commencing with
Section 12699.50) end delete of Division 2 of the Insurance Code, on or after
January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter
3 (commencing with Section 15850) of Part 3.3 of Division 9 of,
the Welfare and Institutions Code shall be open to inspection one
year after their effective dates.

(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) begin delete or Part 6.4 (commencing with Section
12699.50) end delete of Division 2 of the Insurance Code or Sections
14005.26 and 14005.27 of, or Chapter 3 (commencing with Section
15850) of Part 3.3 of Division 9 of, the Welfare and Institutions
Code, is amended, the amendment shall be open to inspection one
year after the effective date of the amendment.

(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection
pursuant to paragraph (2) or (3).

(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy of the board or its staff, or the department or
its staff, shall also apply to the contracts, deliberative processes,
discussions, communications, negotiations, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy of applicants pursuant to begin delete Part 6.4 (commencing
with Section 12699.50) end delete of Division 2 of the Insurance Code or
Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
9 of the Welfare and Institutions Code.

(z) Records obtained pursuant to paragraph (2) of subdivision
(f) of Section 2891.1 of the Public Utilities Code.

(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency’s operations and that is for
distribution or consideration in a closed session.

(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the Office of Emergency Services for use by that
office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
“voluntarily submitted” means submitted in the absence of the
office exercising any legal authority to compel access to or
submission of critical infrastructure information. This subdivision
shall not affect the status of information in the possession of any
other state or local governmental agency.

(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant’s legal representative.

(ad) The following records of the State Compensation Insurance
Fund:

(1) Records related to claims pursuant to Chapter 1
(commencing with Section 3200) of Division 4 of the Labor Code,
to the extent that confidential medical information or other
individually identifiable information would be disclosed.

(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or seeking
to contract with the fund, and any related deliberations.

(3) Records related to the impressions, opinions,
recommendations, meeting minutes of meetings or sessions that
are lawfully closed to the public, research, work product, theories,
or strategy of the fund or its staff, on the development of rates,
contracting strategy, underwriting, or competitive strategy pursuant
to the powers granted to the fund in Chapter 4 (commencing with
Section 11770) of Part 3 of Division 2 of the Insurance Code.

(4) Records obtained to provide workers’ compensation
insurance under Chapter 4 (commencing with Section 11770) of
Part 3 of Division 2 of the Insurance Code, including, but not
limited to, any medical claims information, policyholder
information provided that nothing in this paragraph shall be
interpreted to prevent an insurance agent or broker from obtaining
proprietary information or other information authorized by law to
be obtained by the agent or broker, and information on rates,
pricing, and claims handling received from brokers.

(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter
4 of Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund’s special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing, underwriting,
claims handling, audits, and collections.

(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, begin delete the Bureau of State Audits, end delete
begin insert California State Auditor’s Office, end insert Division of Workers’
Compensation, and the Department of Insurance to ensure
compliance with applicable law.

(6) (A) Internal audits containing proprietary information and
the following records that are related to an internal audit:

(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing
that his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.

(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.

(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified
in subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, begin delete the Bureau of State Audits, end delete
begin insert California State Auditor’s Office, end insert Division of Workers’
Compensation, and the Department of Insurance to ensure
compliance with applicable law.

(7) (A) Except as provided in subparagraph (C), contracts
entered into pursuant to Chapter 4 (commencing with Section
11770) of Part 3 of Division 2 of the Insurance Code shall be open
to inspection one year after the contract has been fully executed.

(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code
is amended, the amendment shall be open to inspection one year
after the amendment has been fully executed.

(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection
pursuant to this paragraph.

(E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.

(F) For purposes of this paragraph, “fully executed” means the
point in time when all of the necessary parties to the contract have
signed the contract.

This section does not prevent any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.

This section does not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29
U.S.C. Sec. 158).

SEC. 2.  

Section 293 of the Penal Code is amended to read:

293.  

(a) An employee of a law enforcement agency who
personally receives a report from a person, alleging that the person
making the report has been the victim of a sex offense, shall inform
that person that his or her name will become a matter of public
record unless he or she requests that it not become a matter of
public record, pursuant to Section 6254 of the Government Code.

(b) A written report of an alleged sex offense shall indicate that
the alleged victim has been properly informed pursuant to
subdivision (a) and shall memorialize his or her response.

(c) A law enforcement agency shall not disclose to a person,
except the prosecutor, parole officers of the Department of
Corrections and Rehabilitation, hearing officers of the parole
authority, probation officers of county probation departments, or
other persons or public agencies where authorized or required by
law, the address of a person who alleges to be the victim of a sex
offense.

(d) A law enforcement agency shall not disclose to a person,
except the prosecutor, parole officers of the Department of
Corrections and Rehabilitation, hearing officers of the parole
authority, probation officers of county probation departments, or
other persons or public agencies where authorized or required by
law, the name of a person who alleges to be the victim of a sex
offense if that person has elected to exercise his or her right
pursuant to this section and Section 6254 of the Government Code.

(e) A law enforcement agency shall not disclose to a person,
except the prosecutor, parole officers of the Department of
Corrections and Rehabilitation, hearing officers of the parole
authority, probation officers of county probation departments, or
other persons or public agencies begin delete where end delete begin insert if end insert authorized or required
by law, names, addresses, or images of a person who alleges to be
the victim of human trafficking, as defined in Section 236.1, or of
that alleged victim’s immediate family, other than a family member
who is charged with a criminal offense arising from the same
incident, and that information and those images shall be withheld
and remain confidential. begin insert The law enforcement agency shall orally
inform the person who alleges to be the victim of human trafficking
of his or her right to have his or her name, addresses, and images,
and the names, addresses, and images of his or her immediate
family members withheld and kept confidential pursuant to this
section and Section 6254 of the Government Code. If the victim’s
native language is not English, the law enforcement agency shall
inform the victim of this right in the victim’s native language. end insert For
purposes of this subdivision, “immediate family” shall have the
same meaning as that provided in paragraph (3) of subdivision (b)
of Section 422.4 of the Penal Code.

(f) For purposes of this section, sex offense means any crime
listed in subparagraph (A) of paragraph (2) of subdivision (f) of
Section 6254 of the Government Code.

(g) Parole officers of the Department of Corrections and
Rehabilitation, hearing officers of the parole authority, and
probation officers of county probation departments shall be entitled
to receive information pursuant to subdivisions (c), (d), and (e)
only if the person to whom the information pertains alleges that
he or she is the victim of a sex offense or is the victim of human
trafficking, as defined in Section 236.1, the alleged perpetrator of
which is a parolee who is alleged to have committed the offense
while on parole, or in the case of a county probation officer, the
person who is alleged to have committed the offense is a
probationer or is under investigation by a county probation
department.

SEC. 3.  

Section 293.5 of the Penal Code is amended to read:

293.5.  

(a) Except as provided in Chapter 10 (commencing
with Section 1054) of Part 2 of Title 7, or for cases in which the
alleged victim of a sex offense, as specified in subdivision (f) of
Section 293, has not elected to exercise his or her right pursuant
to Section 6254 of the Government Code, the court, at the request
of the alleged victim, may order the identity of the alleged victim
in all records and during all proceedings to be either Jane Doe or
John Doe, if the court finds that such an order is reasonably
necessary to protect the privacy of the person and will not unduly
prejudice the prosecution or the defense.

(b) If the court orders the alleged victim to be identified as Jane
Doe or John Doe pursuant to subdivision (a) and if there is a jury
trial, the court shall instruct the jury, at the beginning and at the
end of the trial, that the alleged victim is being so identified only
for the purpose of protecting his or her privacy pursuant to this
section.

SEC. 4.  

Section 1048 of the Penal Code is amended to read:

1048.  

(a) The issues on the calendar shall be disposed of in
the following order, unless for good cause the court directs an
action to be tried out of its order:

(1) Prosecutions for felony, when the defendant is in custody.

(2) Prosecutions for misdemeanor, when the defendant is in
custody.

(3) Prosecutions for felony, when the defendant is on bail.

(4) Prosecutions for misdemeanor, when the defendant is on
bail.

(b) Notwithstanding subdivision (a), all criminal actions in
which (1) a minor is detained as a material witness or is the victim
of the alleged offense, (2) a person who was 70 years of age or
older at the time of the alleged offense or is a dependent adult, as
defined in subdivision (h) of Section 368, was a witness to, or is
the victim of, the alleged offense, or (3) a person is a victim of an
alleged violation of subdivision (a), (b), or (c) of Section 236.1,
Section 261, 262, 264.1, 266i, 266h, 273a, 273d, 285, 286, 288,
288a, or 289, committed by the use of force, violence, or the threat
of force or violence, shall be given precedence over all other
criminal actions in the order of trial. In those actions, continuations
shall be granted by the court only after a hearing and determination
of the necessity thereof, and in any event, the trial shall be
commenced within 30 days after arraignment, unless for good
cause the court shall direct the action to be continued, after a
hearing and determination of the necessity of the continuance, and
states the findings for a determination of good cause on the record.

(c) This section shall not be deemed to provide a statutory right
to a trial within 30 days.

SEC. 5.  

The Legislature finds and declares that begin delete Section 1 end delete
begin insert Sections 1 and 1.5 end insert of this act, which begin delete amends end delete begin insert amend end insert Section 6254
of the Government Code, begin delete imposes end delete begin insert impose end insert a limitation on the
public’s right of access to the meetings of public bodies or the
writings of public officials and agencies within the meaning of
Section 3 of Article I of the California Constitution. Pursuant to
that constitutional provision, the Legislature makes the following
findings to demonstrate the interest protected by this limitation
and the need for protecting that interest:

In order to protect the privacy and safety of victims of human
trafficking and their families, it is necessary to limit the public’s
right of access to the personal information of those victims.

begin insert

begin insert SEC. end insert begin insert 6. end insert   

end insert begin insert

Section 1.5 of this bill incorporates the substantive
amendments to Section 6254 of the Government Code proposed
by both this bill and Assembly Bill 2611. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2017, (2) each bill amends Section 6254 of the
Government Code, and (3) this bill is enacted after Assembly Bill
2611, in which case Section 1 of this bill shall not become
operative.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert