BILL ANALYSIS �
AB 2222
Page 1
ASSEMBLY THIRD READING
AB 2222 (Block)
As Amended March 27, 2012
Majority vote
PUBLIC SAFETY 5-0 GOVERNMENTAL ORGANIZATION
15-0
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|Ayes:|Ammiano, Knight, Hagman, |Ayes:|Hall, Nestande, Atkins, |
| |Mitchell, Skinner | |Block, Chesbro, Cook, |
| | | |Garrick, Gatto, Hill, |
| | | |Jeffries, Ma, Perea, V. |
| | | |Manuel P�rez, Silva, |
| | | |Torres |
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SUMMARY : Provides that a public prosecutor is not prohibited
from accessing and obtaining information from the public
prosecutor's case management database to respond to a request
for publicly disclosable information pursuant to the California
Public Records Act (PRA).
EXISTING LAW :
1)States that public records are open to inspection at all times
during the office hours of the state or local agency and every
person has a right to inspect any public record, except as
provided. Any reasonably segregable portion of a record shall
be available for inspection by any person requesting the
record after deletion of the portions that are exempted by
law.
2)Exempts from the disclosure requirements under the PRA any
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 California Emergency Management Agency, and any
state or local police agency, or any investigatory or security
files compiled by any other state or local police agency, or
any investigatory or security files compiled by any other
state or local agency for correctional, law enforcement, or
licensing purposes. However, state and local law enforcement
agencies shall disclose the names and addresses of persons
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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, unless the disclosure would endanger the safety of a
witness or other person involved in the investigation, or
unless disclosure would endanger the successful completion of
the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that
portion of those investigative files that reflects the
analysis or conclusions of the investigating officer.
3)Exempts from disclosure the requirements under the PRA records
that are exempted or prohibited pursuant to federal or state
law, including, but not limited to, provisions of the Evidence
Code relating to privilege.
4)Defines "local summary criminal history information" as the
master record of information compiled by any local criminal
justice agency pertaining to the identification and criminal
history of any person, including name, date of birth, physical
description, dates of arrests, arresting agencies and booking
numbers, charges, dispositions and similar data about the
person.
5)Requires a local agency to furnish local summary criminal
history information to any of the following, when needed in
the course of their duties, provided that when information is
furnished to assist an agency, officer, or official of state
or local government, a public utility, or any entity, in
fulfilling employment, certification, or licensing duties,
Chapter 1321, Statutes of 1974, and Labor Code Section 432.7
shall apply:
a) The courts of California.
b) Peace officers of California, as defined.
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c) District attorneys of California.
d) Prosecuting city attorneys of any city within
California.
e) City attorneys pursuing civil gang injunctions.
f) Probation officers of California.
g) Parole officers of California.
h) A public defender or attorney of record when
representing a person in proceedings upon a petition for a
certificate of rehabilitation and pardon.
i) A public defender or attorney of record when
representing a person in a criminal case if authorized
access by statutory or decisional law.
j) Any agency, officer, or official of California if the
criminal history information is required to implement a
statute or regulation that expressly refers to specific
criminal conduct applicable to the subject person of the
local summary criminal history information, and contains
requirements or exclusions, or both, expressly based upon
that specified criminal conduct.
aa) Any city or county, city and county, district, or any
officer or official thereof when access is needed in order
to assist that agency, officer, or official in fulfilling
employment, certification, or licensing duties, and if the
access is specifically authorized by the city council,
board of supervisors, or governing board of the city,
county, or district if the local criminal history
information is required to implement a statute, ordinance,
or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the local
summary criminal history information, and contains
requirements or exclusions, or both, expressly based upon
that specified criminal conduct.
bb) The subject of the local summary criminal history
information.
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cc) Any person or entity when access is expressly authorized
by statute if the local criminal history information is
required to implement a statute or regulation that
expressly refers to specific criminal conduct applicable to
the subject person of the local summary criminal history
information, and contains requirements or exclusions, or
both, expressly based upon that specified criminal conduct.
dd) Any managing or supervising correctional officer of a
county jail or other county correctional facility.
ee) Local child support agencies when a local child support
agency closes a support enforcement case containing summary
criminal history information, the agency shall delete or
purge from the file and destroy any documents or
information concerning or arising from offenses for or of
which the parent has been arrested, charged, or convicted,
other than for offenses related to the parent's having
failed to provide support for minor children.
ff) County child welfare agency personnel who have been
delegated the authority of county probation officers to
access state summary criminal history information pursuant
to the Welfare and Institutions Code (WIC) for the purposes
of investigating child abuse, locating a parent, or
assessing the appropriateness and safety of a child's
placement.
gg) A humane officer for the purposes of performing his or
her duties. A local agency may charge a reasonable fee
sufficient to cover the costs of providing information
under this paragraph.
6)Provides that a prosecutor may, in response to a written
request made pursuant to the PRA, provide information form a
local summary criminal history, if release of the information
would enhance public safety, the interest of justice, or the
public's understanding of the justice system and the person
making the request declares that the request is made for a
scholarly or journalistic purpose.
7)Provides that any employee of the local criminal justice
agency who knowingly furnishes a record or information
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obtained from a record to a person who is not authorized by
law to receive the record or information is guilty of a
misdemeanor. (Penal Code Section 13302.)
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "AB 2222 reinforces the
legislature's commitment to transparency by allowing prosecutors
to effectively use electronic data to respond to the public's
request for information. The bill updates the law to reflect
the rapid changes in technology while continuing to provide
transparency to government information more efficiently and
effectively."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003510