BILL ANALYSIS �
AB 2221
Page 1
Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 2221 (Block) - As Amended: March 28, 2012
SUBJECT : Public Records
SUMMARY : Adds prosecutors and public defenders to the types of
professionals whose firearm license applications are not fully
required to be disclosed as public records under the California
Public Records Act (CPRA). Specifically, this bill :
1)Adds a constitutional provision to the list of laws that may
operate to exempt public records from the disclosure
requirements of the CPRA.
2)Makes other technical, non-substantive changes.
EXISTING LAW
1)The PRA governs disclosure of governmental records to the
public, upon request. Generally, all public records are open
to the public upon request unless the record requested is
exempt from public disclosure.
2)Exempts from disclosure requirements under the CPRA records
that are exempted or prohibited pursuant to federal and state
law.
3)Exempts from disclosure requirements under the CPRA
information contained in applications for licenses to carry
firearms issued 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.
4)Exempts from disclosure requirements, under the CPRA, the home
address and telephone number of peace officers, judges, court
commissioners, and magistrates that are set forth in
applications for licenses to carry firearms issued by the
sheriff of a county or the chief or other head of a municipal
police department.
5)Forbids an attorney from disclosing or permitting to be
disclosed to a defendant, members of the defendant's family,
AB 2221
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or anyone else, the address or telephone number of a victim or
witness whose name is disclosed to the attorney as part of the
discovery process, unless specifically permitted to do so by
the court after a hearing and a showing of a good cause.
6)Defines a "victim" as a person who suffers direct or
threatened physical, psychological, or financial harm as a
result of the commission or attempted commission of a crime or
delinquent act.
FISCAL EFFECT : Unknown
COMMENTS :
Background : Under Government Code Section 6254, law enforcement
agencies are required to release certain criminal case
information in response to requests for information, which
includes victim information. However under Marsy's law, set
forth in Article 1, Section 28, if victim requests
confidentiality, disclosure of their personal identifying
information is prohibited.
Although the CPRA contains a catch-all-provision that exempts
disclosure under the PRA for those records that are exempt from
disclosure under any state or federal law, the San Diego County
District Attorney's office believes that this bill is necessary
to resolve this conflict.
Purpose of the bill : This bill clarifies current law by
providing that law enforcement agencies will not be required to
disclose any victim information unless the victim, or an
authorized representative on behalf of the victim, requests the
disclosure.
Additionally, by adding prosecutors and public defenders to the
list of professionals whose firearms licenses and license
applications are not fully required to be disclosed, this bill
would help to protect these types of professionals.
Arguments in Support : According to the San Diego County
District Attorney's office, "the California Constitution and the
CPRA are at odds when determining whether a victim's personal
identifying information shall be released. This bill will
protect the privacy of victims, and bring conformity to dueling
laws."
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Supporters also state that, "current law prohibits the release
of home addresses and telephone numbers of peace officers,
judges, court commissioners and magistrates as set forth in code
sections governing the applications for licenses to carry
firearms and the actual licenses themselves. Conspicuously
absent from the list of protected officials are prosecutors and
public defenders. AB 2221 will ensure prosecutors and public
defenders, who apply for licenses to carry firearms, are given
equal protection from defendants bent on revenge."
Related Legislation :
AB 2251 (Feuer), 2011-2012 Legislative Session (pending on the
Assembly Floor). This bill would authorize prosecutors to send
victim-contact information to the California Department of
Corrections without the victim's consent for purposes of
recouping restitution.
AB 2299 (Feuer), 2011 -2012 Legislative Session (pending in the
Assembly Committee on Local Government). This bill would
authorize a board of supervisors to establish a program that
requires the name of a public safety official to be redacted
from any property record disclosed to the public.
Prior Legislation :
AB 1682 (Torres), 2009-2010 Legislative Session. Would have
allowed a board of supervisors or a city council to authorize
the sheriff or the chief of police to establish a procedure to
protect confidential personal information contained in a police
arrest report. The bill failed passage in the Assembly
Committee on Public Safety.
SB 1239 (Hollingsworth), Chapter 52, Statutes of 2206. Required
a dealer, in a private party firearms transaction, to provide
copies of paperwork completed in connection with said
transaction to both the buyer and the seller and to redact from
those documents the purchaser's personal informational from the
seller's copy and the seller's personal information from the
purchaser's copy.
SB 58 (Johnson), Chapter 507, Statutes of 2005. Required county
district attorneys, the courts, and law enforcement to establish
a mutually agreeable procedure to protect personal confidential
information regarding a victim or witness contained in a police
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report submitted to a court.
REGISTERED SUPPORT / OPPOSITION :
Support
San Diego County District Attorney's Office (Sponsor)
California District Attorneys Association
Crime Victims Action Alliance
Opposition
None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531