Amended in Senate August 19, 2016

Amended in Senate August 15, 2016

Amended in Senate June 30, 2016

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 BillNo. 2498


Introduced by Assembly Member Bonta

February 19, 2016


An act to amend Section 6254 of the Government Code, and to amend Sectionsbegin delete 293, 293.5, and 1048 ofend deletebegin insert 293 and 293.5 of, and to add Section 1048.2 to,end insert 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. 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. By imposing new duties on law enforcement agencies, the bill would impose a state-mandated local program.

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 wouldbegin delete 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.end deletebegin insert authorize the court, for good cause, to grant priority to an action for an alleged violation of the prohibition against human trafficking as the court, in its discretion, may determine to be appropriate.end insert

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.

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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P4    1

SECTION 1.  

Section 6254 of the Government Code is amended
2to read:

3

6254.  

Except as provided in Sections 6254.7 and 6254.13, this
4chapter does not require the disclosure of any of the following
5records:

6(a) Preliminary drafts, notes, or interagency or intra-agency
7memoranda that are not retained by the public agency in the
8ordinary course of business, if the public interest in withholding
9those records clearly outweighs the public interest in disclosure.

10(b) Records pertaining to pending litigation to which the public
11agency is a party, or to claims made pursuant to Division 3.6
12(commencing with Section 810), until the pending litigation or
13claim has been finally adjudicated or otherwise settled.

14(c) Personnel, medical, or similar files, the disclosure of which
15would constitute an unwarranted invasion of personal privacy.

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

17(1) Applications filed with any state agency responsible for the
18regulation or supervision of the issuance of securities or of financial
19institutions, including, but not limited to, banks, savings and loan
20associations, industrial loan companies, credit unions, and
21insurance companies.

22(2) Examination, operating, or condition reports prepared by,
23on behalf of, or for the use of, any state agency referred to in
24paragraph (1).

25(3) Preliminary drafts, notes, or interagency or intra-agency
26communications prepared by, on behalf of, or for the use of, any
27state agency referred to in paragraph (1).

28(4) Information received in confidence by any state agency
29referred to in paragraph (1).

30(e) Geological and geophysical data, plant production data, and
31similar information relating to utility systems development, or
P5    1market or crop reports, that are obtained in confidence from any
2person.

3(f) Records of complaints to, or investigations conducted by,
4or records of intelligence information or security procedures of,
5the office of the Attorney General and the Department of Justice,
6the Office of Emergency Services and any state or local police
7 agency, or any investigatory or security files compiled by any other
8state or local police agency, or any investigatory or security files
9compiled by any other state or local agency for correctional, law
10enforcement, or licensing purposes. However, state and local law
11enforcement agencies shall disclose the names and addresses of
12persons involved in, or witnesses other than confidential informants
13to, the incident, the description of any property involved, the date,
14time, and location of the incident, all diagrams, statements of the
15parties involved in the incident, the statements of all witnesses,
16other than confidential informants, to the victims of an incident,
17or an authorized representative thereof, an insurance carrier against
18which a claim has been or might be made, and any person suffering
19bodily injury or property damage or loss, as the result of the
20incident caused by arson, burglary, fire, explosion, larceny,
21robbery, carjacking, vandalism, vehicle theft, or a crime as defined
22by subdivision (b) of Section 13951, unless the disclosure would
23endanger the safety of a witness or other person involved in the
24investigation, or unless disclosure would endanger the successful
25completion of the investigation or a related investigation. However,
26this subdivision does not require the disclosure of that portion of
27those investigative files that reflects the analysis or conclusions
28of the investigating officer.

29Customer lists provided to a state or local police agency by an
30alarm or security company at the request of the agency shall be
31construed to be records subject to this subdivision.

32Notwithstanding any other provision of this subdivision, state
33and local law enforcement agencies shall make public the following
34information, except to the extent that disclosure of a particular
35item of information would endanger the safety of a person involved
36in an investigation or would endanger the successful completion
37of the investigation or a related investigation:

38(1) The full name and occupation of every individual arrested
39by the agency, the individual’s physical description including date
40of birth, color of eyes and hair, sex, height and weight, the time
P6    1and date of arrest, the time and date of booking, the location of
2the arrest, the factual circumstances surrounding the arrest, the
3amount of bail set, the time and manner of release or the location
4where the individual is currently being held, and all charges the
5individual is being held upon, including any outstanding warrants
6from other jurisdictions and parole or probation holds.

7(2) (A) Subject to the restrictions imposed by Section 841.5 of
8the Penal Code, the time, substance, and location of all complaints
9or requests for assistance received by the agency and the time and
10nature of the response thereto, including, to the extent the
11information regarding crimes alleged or committed or any other
12incident investigated is recorded, the time, date, and location of
13occurrence, the time and date of the report, the name and age of
14the victim, the factual circumstances surrounding the crime or
15incident, and a general description of any injuries, property, or
16weapons involved. The name of a victim of any crime defined by
17Section 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b,
18266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286,
19288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7,
20 422.75, 646.9, or 647.6 of the Penal Code may be withheld at the
21victim’s request, or at the request of the victim’s parent or guardian
22if the victim is a minor. When a person is the victim of more than
23one crime, information disclosing that the person is a victim of a
24crime defined in any of the sections of the Penal Code set forth in
25this subdivision may be deleted at the request of the victim, or the
26victim’s parent or guardian if the victim is a minor, in making the
27report of the crime, or of any crime or incident accompanying the
28crime, available to the public in compliance with the requirements
29of this paragraph.

30(B) Subject to the restrictions imposed by Section 841.5 of the
31Penal Code, the names and images of a victim of human trafficking,
32as defined in Section 236.1 of the Penal Code, and of that victim’s
33immediate family, other than a family member who is charged
34with a criminal offense arising from the same incident, may be
35withheld at the victim’s request until the investigation or any
36subsequent prosecution is complete. For purposes of this
37subdivision, “immediate family” shall have the same meaning as
38that provided in paragraph (3) of subdivision (b) of Section 422.4
39of the Penal Code.

P7    1(3) Subject to the restrictions of Section 841.5 of the Penal Code
2and this subdivision, the current address of every individual
3arrested by the agency and the current address of the victim of a
4crime, if the requester declares under penalty of perjury that the
5request is made for a scholarly, journalistic, political, or
6governmental purpose, or that the request is made for investigation
7purposes by a licensed private investigator as described in Chapter
811.3 (commencing with Section 7512) of Division 3 of the Business
9and Professions Code. However, the address of the victim of any
10crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
11265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
12273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7,
13289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall
14remain confidential. Address information obtained pursuant to this
15paragraph shall not be used directly or indirectly, or furnished to
16another, to sell a product or service to any individual or group of
17individuals, and the requester shall execute a declaration to that
18effect under penalty of perjury. This paragraph shall not be
19construed to prohibit or limit a scholarly, journalistic, political, or
20government use of address information obtained pursuant to this
21paragraph.

22(g) Test questions, scoring keys, and other examination data
23used to administer a licensing examination, examination for
24employment, or academic examination, except as provided for in
25Chapter 3 (commencing with Section 99150) of Part 65 of Division
2614 of Title 3 of the Education Code.

27(h) The contents of real estate appraisals or engineering or
28feasibility estimates and evaluations made for or by the state or
29local agency relative to the acquisition of property, or to
30prospective public supply and construction contracts, until all of
31the property has been acquired or all of the contract agreement
32obtained. However, the law of eminent domain shall not be affected
33by this provision.

34(i) Information required from any taxpayer in connection with
35the collection of local taxes that is received in confidence and the
36disclosure of the information to other persons would result in unfair
37competitive disadvantage to the person supplying the information.

38(j) Library circulation records kept for the purpose of identifying
39the borrower of items available in libraries, and library and museum
40materials made or acquired and presented solely for reference or
P8    1 exhibition purposes. The exemption in this subdivision shall not
2apply to records of fines imposed on the borrowers.

3(k) Records, the disclosure of which is exempted or prohibited
4pursuant to federal or state law, including, but not limited to,
5provisions of the Evidence Code relating to privilege.

6(l) Correspondence of and to the Governor or employees of the
7Governor’s office or in the custody of or maintained by the
8Governor’s Legal Affairs Secretary. However, public records shall
9not be transferred to the custody of the Governor’s Legal Affairs
10Secretary to evade the disclosure provisions of this chapter.

11(m) In the custody of or maintained by the Legislative Counsel,
12except those records in the public database maintained by the
13Legislative Counsel that are described in Section 10248.

14(n) Statements of personal worth or personal financial data
15required by a licensing agency and filed by an applicant with the
16licensing agency to establish his or her personal qualification for
17the license, certificate, or permit applied for.

18(o) Financial data contained in applications for financing under
19Division 27 (commencing with Section 44500) of the Health and
20Safety Code, if an authorized officer of the California Pollution
21Control Financing Authority determines that disclosure of the
22financial data would be competitively injurious to the applicant
23and the data is required in order to obtain guarantees from the
24United States Small Business Administration. The California
25Pollution Control Financing Authority shall adopt rules for review
26of individual requests for confidentiality under this section and for
27making available to the public those portions of an application that
28are subject to disclosure under this chapter.

29(p) Records of state agencies related to activities governed by
30Chapter 10.3 (commencing with Section 3512), Chapter 10.5
31(commencing with Section 3525), and Chapter 12 (commencing
32with Section 3560) of Division 4, that reveal a state agency’s
33deliberative processes, impressions, evaluations, opinions,
34recommendations, meeting minutes, research, work products,
35theories, or strategy, or that provide instruction, advice, or training
36to employees who do not have full collective bargaining and
37representation rights under these chapters. This subdivision shall
38not be construed to limit the disclosure duties of a state agency
39with respect to any other records relating to the activities governed
40by the employee relations acts referred to in this subdivision.

P9    1(q) (1) Records of state agencies related to activities governed
2by Article 2.6 (commencing with Section 14081), Article 2.8
3(commencing with Section 14087.5), and Article 2.91
4(commencing with Section 14089) of Chapter 7 of Part 3 of
5Division 9 of the Welfare and Institutions Code, that reveal the
6special negotiator’s deliberative processes, discussions,
7communications, or any other portion of the negotiations with
8providers of health care services, impressions, opinions,
9recommendations, meeting minutes, research, work product,
10theories, or strategy, or that provide instruction, advice, or training
11to employees.

12(2) Except for the portion of a contract containing the rates of
13payment, contracts for inpatient services entered into pursuant to
14these articles, on or after April 1, 1984, shall be open to inspection
15one year after they are fully executed. If a contract for inpatient
16services that is entered into prior to April 1, 1984, is amended on
17or after April 1, 1984, the amendment, except for any portion
18containing the rates of payment, shall be open to inspection one
19year after it is fully executed. If the California Medical Assistance
20Commission enters into contracts with health care providers for
21other than inpatient hospital services, those contracts shall be open
22to inspection one year after they are fully executed.

23(3) Three years after a contract or amendment is open to
24inspection under this subdivision, the portion of the contract or
25 amendment containing the rates of payment shall be open to
26inspection.

27(4) Notwithstanding any other law, the entire contract or
28amendment shall be open to inspection by the Joint Legislative
29Audit Committee and the Legislative Analyst’s Office. The
30committee and that office shall maintain the confidentiality of the
31contracts and amendments until the time a contract or amendment
32is fully open to inspection by the public.

33(r) Records of Native American graves, cemeteries, and sacred
34places and records of Native American places, features, and objects
35described in Sections 5097.9 and 5097.993 of the Public Resources
36Code maintained by, or in the possession of, the Native American
37Heritage Commission, another state agency, or a local agency.

38(s) A final accreditation report of the Joint Commission on
39Accreditation of Hospitals that has been transmitted to the State
P10   1Department of Health Care Services pursuant to subdivision (b)
2of Section 1282 of the Health and Safety Code.

3(t) Records of a local hospital district, formed pursuant to
4Division 23 (commencing with Section 32000) of the Health and
5Safety Code, or the records of a municipal hospital, formed
6pursuant to Article 7 (commencing with Section 37600) or Article
78 (commencing with Section 37650) of Chapter 5 of Part 2 of
8Division 3 of Title 4 of this code, that relate to any contract with
9an insurer or nonprofit hospital service plan for inpatient or
10outpatient services for alternative rates pursuant to Section 10133
11of the Insurance Code. However, the record shall be open to
12inspection within one year after the contract is fully executed.

13(u) (1) Information contained in applications for licenses to
14carry firearms issued pursuant to Section 26150, 26155, 26170,
15or 26215 of the Penal Code by the sheriff of a county or the chief
16or other head of a municipal police department that indicates when
17or where the applicant is vulnerable to attack or that concerns the
18applicant’s medical or psychological history or that of members
19of his or her family.

20(2) The home address and telephone number of prosecutors,
21public defenders, peace officers, judges, court commissioners, and
22magistrates that are set forth in applications for licenses to carry
23firearms issued pursuant to Section 26150, 26155, 26170, or 26215
24of the Penal Code by the sheriff of a county or the chief or other
25head of a municipal police department.

26(3) The home address and telephone number of prosecutors,
27public defenders, peace officers, judges, court commissioners, and
28magistrates that are set forth in licenses to carry firearms issued
29pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
30Code by the sheriff of a county or the chief or other head of a
31municipal police department.

32(v) (1) Records of the Managed Risk Medical Insurance Board
33and the State Department of Health Care Services related to
34activities governed by Part 6.3 (commencing with Section 12695),
35Part 6.5 (commencing with Section 12700), Part 6.6 (commencing
36with Section 12739.5), or Part 6.7 (commencing with Section
3712739.70) of Division 2 of the Insurance Code, or Chapter 2
38(commencing with Section 15810) or Chapter 4 (commencing with
39Section 15870) of Part 3.3 of Division 9 of the Welfare and
40Institutions Code, and that reveal any of the following:

P11   1(A) The deliberative processes, discussions, communications,
2or any other portion of the negotiations with entities contracting
3or seeking to contract with the board or the department, entities
4with which the board or the department is considering a contract,
5or entities with which the board or department is considering or
6enters into any other arrangement under which the board or the
7department provides, receives, or arranges services or
8reimbursement.

9(B) The impressions, opinions, recommendations, meeting
10minutes, research, work product, theories, or strategy of the board
11or its staff or the department or its staff, or records that provide
12instructions, advice, or training to their employees.

13(2) (A) Except for the portion of a contract that contains the
14rates of payment, contracts entered into pursuant to Part 6.3
15(commencing with Section 12695), Part 6.5 (commencing with
16Section 12700), Part 6.6 (commencing with Section 12739.5), or
17Part 6.7 (commencing with Section 12739.70) of Division 2 of the
18Insurance Code, or Chapter 2 (commencing with Section 15810)
19or Chapter 4 (commencing with Section 15870) of Part 3.3 of
20Division 9 of the Welfare and Institutions Code, on or after July
211, 1991, shall be open to inspection one year after their effective
22dates.

23(B) If a contract that is entered into prior to July 1, 1991, is
24amended on or after July 1, 1991, the amendment, except for any
25portion containing the rates of payment, shall be open to inspection
26one year after the effective date of the amendment.

27(3) Three years after a contract or amendment is open to
28inspection pursuant to this subdivision, the portion of the contract
29or amendment containing the rates of payment shall be open to
30inspection.

31(4) Notwithstanding any other law, the entire contract or
32amendments to a contract shall be open to inspection by the Joint
33Legislative Audit Committee. The committee shall maintain the
34confidentiality of the contracts and amendments thereto, until the
35contracts or amendments to the contracts are open to inspection
36pursuant to paragraph (3).

37(w) (1) Records of the Managed Risk Medical Insurance Board
38related to activities governed by Chapter 8 (commencing with
39Section 10700) of Part 2 of Division 2 of the Insurance Code, and
40that reveal the deliberative processes, discussions, communications,
P12   1or any other portion of the negotiations with health plans, or the
2impressions, opinions, recommendations, meeting minutes,
3research, work product, theories, or strategy of the board or its
4staff, or records that provide instructions, advice, or training to
5employees.

6(2) Except for the portion of a contract that contains the rates
7of payment, contracts for health coverage entered into pursuant to
8Chapter 8 (commencing with Section 10700) of Part 2 of Division
92 of the Insurance Code, on or after January 1, 1993, shall be open
10to inspection one year after they have been fully executed.

11(3) Notwithstanding any other law, the entire contract or
12amendments to a contract shall be open to inspection by the Joint
13Legislative Audit Committee. The committee shall maintain the
14confidentiality of the contracts and amendments thereto, until the
15contracts or amendments to the contracts are open to inspection
16pursuant to paragraph (2).

17(x) Financial data contained in applications for registration, or
18registration renewal, as a service contractor filed with the Director
19of Consumer Affairs pursuant to Chapter 20 (commencing with
20Section 9800) of Division 3 of the Business and Professions Code,
21for the purpose of establishing the service contractor’s net worth,
22or financial data regarding the funded accounts held in escrow for
23service contracts held in force in this state by a service contractor.

24(y) (1) Records of the Managed Risk Medical Insurance Board
25and the State Department of Health Care Services related to
26activities governed by Part 6.2 (commencing with Section 12693)
27or Part 6.4 (commencing with Section 12699.50) of Division 2 of
28the Insurance Code or Sections 14005.26 and 14005.27 of, or
29Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
309 of, the Welfare and Institutions Code, if the records reveal any
31of the following:

32(A) The deliberative processes, discussions, communications,
33or any other portion of the negotiations with entities contracting
34or seeking to contract with the board or the department, entities
35with which the board or department is considering a contract, or
36entities with which the board or department is considering or enters
37into any other arrangement under which the board or department
38provides, receives, or arranges services or reimbursement.

39(B) The impressions, opinions, recommendations, meeting
40minutes, research, work product, theories, or strategy of the board
P13   1or its staff, or the department or its staff, or records that provide
2instructions, advice, or training to employees.

3(2) (A) Except for the portion of a contract that contains the
4rates of payment, contracts entered into pursuant to Part 6.2
5(commencing with Section 12693) or Part 6.4 (commencing with
6Section 12699.50) of Division 2 of the Insurance Code, on or after
7January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter
83 (commencing with Section 15850) of Part 3.3 of Division 9 of,
9the Welfare and Institutions Code shall be open to inspection one
10year after their effective dates.

11(B) If a contract entered into pursuant to Part 6.2 (commencing
12with Section 12693) or Part 6.4 (commencing with Section
1312699.50) of Division 2 of the Insurance Code or Sections
1414005.26 and 14005.27 of, or Chapter 3 (commencing with Section
1515850) of Part 3.3 of Division 9 of, the Welfare and Institutions
16Code, is amended, the amendment shall be open to inspection one
17year after the effective date of the amendment.

18(3) Three years after a contract or amendment is open to
19inspection pursuant to this subdivision, the portion of the contract
20or amendment containing the rates of payment shall be open to
21inspection.

22(4) Notwithstanding any other law, the entire contract or
23amendments to a contract shall be open to inspection by the Joint
24Legislative Audit Committee. The committee shall maintain the
25confidentiality of the contracts and amendments thereto until the
26contract or amendments to a contract are open to inspection
27 pursuant to paragraph (2) or (3).

28(5) The exemption from disclosure provided pursuant to this
29subdivision for the contracts, deliberative processes, discussions,
30communications, negotiations, impressions, opinions,
31recommendations, meeting minutes, research, work product,
32theories, or strategy of the board or its staff, or the department or
33its staff, shall also apply to the contracts, deliberative processes,
34discussions, communications, negotiations, impressions, opinions,
35recommendations, meeting minutes, research, work product,
36theories, or strategy of applicants pursuant to Part 6.4 (commencing
37with Section 12699.50) of Division 2 of the Insurance Code or
38Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
399 of the Welfare and Institutions Code.

P14   1(z) Records obtained pursuant to paragraph (2) of subdivision
2(f) of Section 2891.1 of the Public Utilities Code.

3(aa) A document prepared by or for a state or local agency that
4assesses its vulnerability to terrorist attack or other criminal acts
5intended to disrupt the public agency’s operations and that is for
6distribution or consideration in a closed session.

7(ab) Critical infrastructure information, as defined in Section
8131(3) of Title 6 of the United States Code, that is voluntarily
9submitted to the Office of Emergency Services for use by that
10office, including the identity of the person who or entity that
11voluntarily submitted the information. As used in this subdivision,
12“voluntarily submitted” means submitted in the absence of the
13office exercising any legal authority to compel access to or
14submission of critical infrastructure information. This subdivision
15shall not affect the status of information in the possession of any
16other state or local governmental agency.

17(ac) All information provided to the Secretary of State by a
18person for the purpose of registration in the Advance Health Care
19Directive Registry, except that those records shall be released at
20the request of a health care provider, a public guardian, or the
21registrant’s legal representative.

22(ad) The following records of the State Compensation Insurance
23Fund:

24(1) Records related to claims pursuant to Chapter 1
25(commencing with Section 3200) of Division 4 of the Labor Code,
26to the extent that confidential medical information or other
27individually identifiable information would be disclosed.

28(2) Records related to the discussions, communications, or any
29other portion of the negotiations with entities contracting or seeking
30to contract with the fund, and any related deliberations.

31(3) Records related to the impressions, opinions,
32recommendations, meeting minutes of meetings or sessions that
33are lawfully closed to the public, research, work product, theories,
34or strategy of the fund or its staff, on the development of rates,
35contracting strategy, underwriting, or competitive strategy pursuant
36to the powers granted to the fund in Chapter 4 (commencing with
37Section 11770) of Part 3 of Division 2 of the Insurance Code.

38(4) Records obtained to provide workers’ compensation
39insurance under Chapter 4 (commencing with Section 11770) of
40Part 3 of Division 2 of the Insurance Code, including, but not
P15   1limited to, any medical claims information, policyholder
2information provided that nothing in this paragraph shall be
3interpreted to prevent an insurance agent or broker from obtaining
4proprietary information or other information authorized by law to
5be obtained by the agent or broker, and information on rates,
6pricing, and claims handling received from brokers.

7(5) (A) Records that are trade secrets pursuant to Section
86276.44, or Article 11 (commencing with Section 1060) of Chapter
94 of Division 8 of the Evidence Code, including without limitation,
10instructions, advice, or training provided by the State Compensation
11Insurance Fund to its board members, officers, and employees
12regarding the fund’s special investigation unit, internal audit unit,
13and informational security, marketing, rating, pricing, underwriting,
14claims handling, audits, and collections.

15(B) Notwithstanding subparagraph (A), the portions of records
16containing trade secrets shall be available for review by the Joint
17Legislative Audit Committee, California State Auditor’s Office,
18Division of Workers’ Compensation, and the Department of
19Insurance to ensure compliance with applicable law.

20(6) (A) Internal audits containing proprietary information and
21the following records that are related to an internal audit:

22(i) Personal papers and correspondence of any person providing
23assistance to the fund when that person has requested in writing
24that his or her papers and correspondence be kept private and
25confidential. Those papers and correspondence shall become public
26records if the written request is withdrawn, or upon order of the
27fund.

28(ii) Papers, correspondence, memoranda, or any substantive
29information pertaining to any audit not completed or an internal
30audit that contains proprietary information.

31(B) Notwithstanding subparagraph (A), the portions of records
32containing proprietary information, or any information specified
33in subparagraph (A) shall be available for review by the Joint
34Legislative Audit Committee, California State Auditor’s Office,
35Division of Workers’ Compensation, and the Department of
36Insurance to ensure compliance with applicable law.

37(7) (A) Except as provided in subparagraph (C), contracts
38entered into pursuant to Chapter 4 (commencing with Section
3911770) of Part 3 of Division 2 of the Insurance Code shall be open
40to inspection one year after the contract has been fully executed.

P16   1(B) If a contract entered into pursuant to Chapter 4 (commencing
2with Section 11770) of Part 3 of Division 2 of the Insurance Code
3is amended, the amendment shall be open to inspection one year
4after the amendment has been fully executed.

5(C) Three years after a contract or amendment is open to
6inspection pursuant to this subdivision, the portion of the contract
7or amendment containing the rates of payment shall be open to
8inspection.

9(D) Notwithstanding any other law, the entire contract or
10amendments to a contract shall be open to inspection by the Joint
11Legislative Audit Committee. The committee shall maintain the
12confidentiality of the contracts and amendments thereto until the
13contract or amendments to a contract are open to inspection
14pursuant to this paragraph.

15(E) This paragraph is not intended to apply to documents related
16to contracts with public entities that are not otherwise expressly
17confidential as to that public entity.

18(F) For purposes of this paragraph, “fully executed” means the
19point in time when all of the necessary parties to the contract have
20signed the contract.

21This section does not prevent any agency from opening its
22records concerning the administration of the agency to public
23inspection, unless disclosure is otherwise prohibited by law.

24This section does not prevent any health facility from disclosing
25to a certified bargaining agent relevant financing information
26pursuant to Section 8 of the National Labor Relations Act (29
27U.S.C. Sec. 158).

28

SEC. 2.  

Section 293 of the Penal Code is amended to read:

29

293.  

(a) An employee of a law enforcement agency who
30personally receives a report from a person, alleging that the person
31making the report has been the victim of a sex offense, shall inform
32that person that his or her name will become a matter of public
33record unless he or she requests that it not become a matter of
34public record, pursuant to Section 6254 of the Government Code.

35(b) A written report of an alleged sex offense shall indicate that
36the alleged victim has been properly informed pursuant to
37subdivision (a) and shall memorialize his or her response.

38(c) A law enforcement agency shall not disclose to a person,
39except the prosecutor, parole officers of the Department of
40Corrections and Rehabilitation, hearing officers of the parole
P17   1authority, probation officers of county probation departments, or
2other persons or public agencies where authorized or required by
3law, the address of a person who alleges to be the victim of a sex
4offense.

5(d) A law enforcement agency shall not disclose to a person,
6except the prosecutor, parole officers of the Department of
7Corrections and Rehabilitation, hearing officers of the parole
8authority, probation officers of county probation departments, or
9other persons or public agencies where authorized or required by
10law, the name of a person who alleges to be the victim of a sex
11offense if that person has elected to exercise his or her right
12pursuant to this section and Section 6254 of the Government Code.

13(e) A law enforcement agency shall not disclose to a person,
14except the prosecutor, parole officers of the Department of
15Corrections and Rehabilitation, hearing officers of the parole
16authority, probation officers of county probation departments, or
17other persons or public agencies if authorized or required by law,
18names, addresses, or images of a person who alleges to be the
19victim of human trafficking, as defined in Section 236.1, or of that
20alleged victim’s immediate family, other than a family member
21who is charged with a criminal offense arising from the same
22incident, and that information and those images shall be withheld
23and remain confidential. The law enforcement agency shall orally
24inform the person who alleges to be the victim of human trafficking
25of his or her right to have his or her name, addresses, and images,
26and the names, addresses, and images of his or her immediate
27family members withheld and kept confidential pursuant to this
28section and Section 6254 of the Government Code. For purposes
29of this subdivision, “immediate family” shall have the same
30meaning as that provided in paragraph (3) of subdivision (b) of
31Section 422.4 of the Penal Code.

32(f) For purposes of this section, sex offense means any crime
33listed in subparagraph (A) of paragraph (2) of subdivision (f) of
34Section 6254 of the Government Code.

35(g) Parole officers of the Department of Corrections and
36Rehabilitation, hearing officers of the parole authority, and
37probation officers of county probation departments shall be entitled
38to receive information pursuant to subdivisions (c), (d), and (e)
39only if the person to whom the information pertains alleges that
40he or she is the victim of a sex offense or is the victim of human
P18   1trafficking, as defined in Section 236.1, the alleged perpetrator of
2which is a parolee who is alleged to have committed the offense
3while on parole, or in the case of a county probation officer, the
4person who is alleged to have committed the offense is a
5probationer or is under investigation by a county probation
6department.

7

SEC. 3.  

Section 293.5 of the Penal Code is amended to read:

8

293.5.  

(a) Except as provided in Chapter 10 (commencing
9with Section 1054) of Part 2 of Title 7, or for cases in which the
10alleged victim of a sex offense, as specified in subdivision (f) of
11Section 293, has not elected to exercise his or her right pursuant
12to Section 6254 of the Government Code, the court, at the request
13of the alleged victim, may order the identity of the alleged victim
14in all records and during all proceedings to be either Jane Doe or
15John Doe, if the court finds that such an order is reasonably
16necessary to protect the privacy of the person and will not unduly
17prejudice the prosecution or the defense.

18(b) If the court orders the alleged victim to be identified as Jane
19Doe or John Doe pursuant to subdivision (a) and if there is a jury
20trial, the court shall instruct the jury, at the beginning and at the
21end of the trial, that the alleged victim is being so identified only
22for the purpose of protecting his or her privacy pursuant to this
23section.

begin delete
24

SEC. 4.  

Section 1048 of the Penal Code is amended to read:

25

1048.  

(a) The issues on the calendar shall be disposed of in
26the following order, unless for good cause the court directs an
27action to be tried out of its order:

28(1) Prosecutions for felony, when the defendant is in custody.

29(2) Prosecutions for misdemeanor, when the defendant is in
30custody.

31(3) Prosecutions for felony, when the defendant is on bail.

32(4) Prosecutions for misdemeanor, when the defendant is on
33bail.

34(b) Notwithstanding subdivision (a), all criminal actions in
35which (1) a minor is detained as a material witness or is the victim
36of the alleged offense, (2) a person who was 70 years of age or
37older at the time of the alleged offense or is a dependent adult, as
38defined in subdivision (h) of Section 368, was a witness to, or is
39the victim of, the alleged offense, or (3) a person is a victim of an
40alleged violation of subdivision (a), (b), or (c) of Section 236.1,
P19   1Section 261, 262, 264.1, 266i, 266h, 273a, 273d, 285, 286, 288,
2288a, or 289, committed by the use of force, violence, or the threat
3of force or violence, shall be given precedence over all other
4criminal actions in the order of trial. In those actions, continuations
5shall be granted by the court only after a hearing and determination
6of the necessity thereof, and in any event, the trial shall be
7commenced within 30 days after arraignment, unless for good
8cause the court shall direct the action to be continued, after a
9hearing and determination of the necessity of the continuance, and
10states the findings for a determination of good cause on the record.

11(c) This section shall not be deemed to provide a statutory right
12to a trial within 30 days.

end delete
13begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1048.2 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
14

begin insert1048.2.end insert  

Notwithstanding subdivision (b) of Section 1048, for
15good cause shown, the court may grant priority to an action for
16an alleged violation of Section 236.1 as the court, in its discretion,
17may determine to be appropriate.

end insert
18

SEC. 5.  

The Legislature finds and declares that Section 1 of
19this act, which amends Section 6254 of the Government Code,
20imposes a limitation on the public’s right of access to the meetings
21of public bodies or the writings of public officials and agencies
22within the meaning of Section 3 of Article I of the California
23Constitution. Pursuant to that constitutional provision, the
24Legislature makes the following findings to demonstrate the interest
25protected by this limitation and the need for protecting that interest:

26In order to protect the privacy and safety of victims of human
27trafficking and their families, it is necessary to limit the public’s
28right of access to the personal information of those victims.

29

SEC. 6.  

If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.



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