BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2221
                                                                  Page  1

          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2221 (Block) - As Amended:  March 28, 2012 

          Policy Committee:                              Public 
          SafetyVote:  6-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill:

          1)Adds prosecutors and public defenders to the list of persons 
            (peace officers, judges, court commissioners and magistrates) 
            whose home address and phone number as provided in gun 
            licenses and applications are not fully required to be 
            disclosed as public records under the California Public 
            Records Act (PRA).  

          2)Makes explicit that confidential information or records 
            pertaining to crime victims, as provided in the Victims' Bill 
            of Rights Act of 2008:  Marsy's Law, Section 28 of Article I 
            of the California Constitution, is included in the information 
            protected from public records disclosure under the PRA.

           FISCAL EFFECT  

          1)Minor, potentially reimbursable local administrative costs to 
            ensure the home addresses and phone numbers of prosecutors and 
            public defenders as provided in gun licenses and applications 
            are not disclosed as public records. 

          2)Negligible costs regarding crime victims as the PRA already 
            protects victim information pursuant to state law.  

           COMMENTS  

           Rationale  . The author and proponents contend this bill clarifies 
          and strengthens PRA exemptions for prosecutors, public defenders 
          and victims. 








                                                                  AB 2221
                                                                  Page  2


          According to the author, "Currently, the California Public 
          Records Act (PRA) requires law enforcement agencies to disclose 
          certain information relating to investigative, arrest and 
          incident reports in response to requests for information. This 
          material may under certain circumstances include crime victims' 
          confidential information prohibited from being disclosed to 
          defendants, defendant's attorneys or anyone working on behalf of 
          defendants under the California Constitution, Article I, Section 
          28(b)(4).  However, it is unclear whether the PRA recognizes the 
          state constitutional protections.  As a result, uncertainty 
          exists as to who may be entitled to information relating to 
          crime victims.  AB 2221 incorporates the constitutional 
          protections into the PRA to bring clarity to questions of 
          disclosure.

          "This bill also protects prosecutors and public defenders from 
          disclosure of personal identifying information when they fill 
          out an application for a firearm license.  This would provide 
          them with the same protections currently extended to judges and 
          law enforcement officers against disclosure of addresses and 
          phone numbers associated with firearm applications."



            Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081