Amended in Senate June 22, 2016

Amended in Assembly April 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2611

Introduced by Assembly Member Low

February 19, 2016

An act to begin delete amend Section 6254 of end delete begin insert add Section 6254.36 to end insert the Government Code, relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

AB 2611, as amended, Low. The California Public Records Act: begin delete exemptions. end delete begin insert visual or audio recording of peace officer’s death: conditional exemption from disclosure. end insert

begin delete

Existing law, the

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begin insert (1) end insert begin insert   end insert begin insert The end insert California Public Records begin delete Act, end delete begin insert Act end insert requires begin insert a public agency, defined as any end insert state begin delete and end delete begin insert or end insert local begin delete agencies end delete begin insert agency, end insert to make begin delete their end delete begin insert its public end insert records available for begin delete public inspection, end delete begin insert inspection or to provide copies of its public records upon payment of specified fees, end insert unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. begin delete Existing law also requires every public agency to comply with the California Public Records Act and with any subsequent statutory enactment amending the act, or enacting or amending any successor act. end delete

begin delete

Existing law

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begin insert Among other exemptions, the act end insert exempts from disclosure begin delete any investigatory or security file compiled by any other end delete begin insert records of complaints to, or investigations conducted by, any end insert state or local police begin delete agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. end delete begin insert agency. end insert

begin delete

Existing law requires state and local law enforcement agencies to disclose the names and addresses of persons involved in complaints or investigations and various other information related to an incident to a victim or any person who suffers bodily injury or property damage or loss as the result of specified incidents or crimes unless the disclosure would endanger the safety of a witness or other person involved in the investigation.

end delete begin delete

This bill would specify that the disclosure exception applies to disclosures about a victim.

end delete begin delete

The

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begin insert This end insert bill begin delete would exempt from disclosure any audio or video end delete begin insert would prohibit a public agency from disclosing a visual or audio end insert recording begin delete depicting end delete begin insert of end insert the death of a peace officer killed in the line of duty, unless begin insert the disclosure is end insert authorized begin delete to be released end delete by the begin insert peace end insert officer’s immediate family, begin delete and specified visual or audio recordings that depict 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, except as specified. The bill would also define terms for these purposes. end delete begin insert in which case, the bill would require the public agency to disclose the visual or audio recording. end insert

begin delete

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.

end delete begin delete

This bill would make legislative findings to that effect.

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The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

end delete begin delete

This bill would make legislative findings to that effect.

end delete begin delete

The bill would also make other technical, nonsubstantive changes.

end delete begin insert

(2) 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.

end insert begin insert

This bill would make legislative findings to that effect.

end insert begin insert

(3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

end insert begin insert

This bill would make legislative findings to that effect.

end insert begin delete

The

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begin insert (4) end insert begin insert   end insert begin insert The end insert 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 no reimbursement is required by this act for a specified reason.

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

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

begin delete

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) (1) 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,
this subdivision does not require the disclosure of that portion of
those investigative files that reflect the analysis or conclusions of
the investigating officer.

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

(A) 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, a victim, or any other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation.

(B) 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:

(i) 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.

(ii) 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, 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 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 clause.

(iii) 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 clause shall not be construed
to prohibit or limit a scholarly, journalistic, political, or government
use of address information obtained pursuant to this clause.

(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.

(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.

(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.

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

(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.

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

(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 6.6 (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 6.6
(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)
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) 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) 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 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, the Bureau of State Audits, 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, the Bureau of State Audits, 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).

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 6254.36 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 6254.36. end insert   

A public agency shall not disclose a visual or audio
recording of the death of a peace officer killed in the line of duty,
unless the disclosure is authorized by the peace officer’s immediate
family. If a peace officer’s immediate family authorizes the
disclosure of a visual or audio recording of the death of the peace
officer killed in the line of duty, the public agency shall disclose
the visual or audio recording.

end insert

SEC. 2.  

The Legislature finds and declares that Section 1 of
this act, which begin delete amends Section 6254 of end delete begin insert adds Section 6254.36 to end insert
the Government Code, imposes 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:

begin delete

In order to ensure the privacy of victims, witnesses, and other
persons involved in law enforcement complaints and investigations,
related audio or video recordings should not be disclosed.
Furthermore, to protect the public from graphic sounds and images
that may be contained in an audio or video recording depicting the
death or serious bodily injury of a peace officer, such a recording
should not be disclosed, thus it is necessary that this act take effect.

end delete begin insert

Prohibiting the disclosure of a visual or audio recording of the
death of a peace officer killed in the line of duty, without the
consent of the peace officer’s immediate family, ensures the privacy
of persons who serve in law enforcement and their immediate
families, protects those families from additional emotional trauma
from public displays of those images, and further protects the
public from the graphic sounds and morbid images that would be
contained in a visual or audio recording of the death of a peace
officer in the line of duty. By providing for a limited, conditional
disclosure of these recordings, when other public records relating
to the death may be available for public inspection, this act
properly balances the public’s right to access public records with
proper privacy interests.

end insert

SEC. 3.  

The Legislature finds and declares that Section 1 of
this act, which begin delete amends Section 6254 of end delete begin insert adds Section 6254.36 to end insert
the Government Code, furthers, within the meaning of paragraph
(7) of subdivision (b) of Section 3 of Article I of the California
Constitution, the purposes of that constitutional section as it relates
to the right of public access to the meetings of local public bodies
or the writings of local public officials and local agencies. Pursuant
to paragraph (7) of subdivision (b) of Section 3 of Article I of the
California Constitution, the Legislature makes the following
findings:

begin delete

Because the California Public Records Act balances access to
information with the legitimate need of law enforcement to
maintain confidential investigatory or security files, the act furthers
the purpose of Section 3 of Article I of the California Constitution.

end delete begin insert

This act ensures that a local government peace officer is
protected from public disclosure of a visual or audio recording of
his or her death in the line of duty without authorization by the
local peace officer’s immediate family. Moreover, the limited,
conditional disclosure of local agency public records properly
balances the right of privacy of a local government peace officer
and his or her immediate family with the ability of the public to
access other information regarding the local peace officer’s death,
and therefore furthers the purposes of paragraph (7) of subdivision
(b) of Section 3 of Article I of the California Constitution.

end insert

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section
3 of Article I of the California Constitution.