AB 2013: Crimes: public records: disclosure of information.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-04-16
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 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.
This bill would require the withholding of the names of victims of, and witnesses to, specified gang-related offenses from disclosure, upon request by the victim or witness, pursuant to the California Public Records Act. The bill would also prohibit law enforcement agencies from disclosing the names of these victims and witnesses upon request of the victim or witness to any person, except under specified circumstances. The bill would require law enforcement to inform a victim or witness that their name may be withheld upon request and would require written reports to reflect that the victim or witness was so informed and to memorialize their response. By imposing new duties on law enforcement agencies, the bill would impose a state-mandated local program.This bill would require, subject to exceptions, disclosure of specified information regarding persons involved in criminal investigations, including the full name of a victim, unless a law enforcement agency determines that disclosure of a particular item of information would endanger the completion of the investigation or a related investigation, or would endanger the safety of a person involved in an investigation, including a victim or witness, pursuant to the California Public Records Act. The bill would authorize a law enforcement agency, when determining if disclosure of a particular item of information would endanger a person involved in the investigation, to consider a request by the person that a particular item of information be withheld from disclosure if the person presents evidence that disclosure would endanger the persons safety. The bill would, for certain gang-related offenses, if a determination has been made by a law enforcement agency that release of the victims or witnesss name would endanger the victim or witness, prohibit the law enforcement agency from disclosing the names of victims and witnesses involved in those gang-related offenses, except under specified circumstances. The bill would require law enforcement to inform a victim or witness of certain gang-related offenses that their name will be disclosed unless a law enforcement agency determines disclosure would endanger their safety, and that they may request that their name be withheld by law enforcement if the person provides evidence to the law enforcement agency that disclosure of the persons name would endanger the persons safety, and would authorize a law enforcement agency to consider that when making the determination. By imposing new duties on law enforcement agencies, the bill would impose a state-mandated local program.
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.
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 the statutory provisions noted above.
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 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.
This bill would require the withholding of the names and addresses of victims of, and witnesses to, specified gang-related offenses from disclosure disclosure, upon request by the victim or witness, pursuant to the California Public Records Act. The bill would also prohibit law enforcement agencies from disclosing the names and addresses of these victims and witnesses upon request of the victim or witness to any person, except under specified circumstances. The bill would require law enforcement to inform a victim or witness that their name may be withheld upon request and would require written reports to reflect that the victim or witness was so informed and to memorialize their response. By imposing new duties on law enforcement agencies, the bill would impose a state-mandated local program.
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.
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 the statutory provisions noted above.
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 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.
This bill would require the withholding of the names and addresses of victims of, and witnesses to, specified gang-related offenses from disclosure pursuant to the California Public Records Act. The bill would also prohibit law enforcement agencies from disclosing the names and addresses of these victims and witnesses to any person, except under specified circumstances. By imposing new duties on law enforcement agencies, the bill would impose a state-mandated local program.
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.
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 the statutory provisions noted above.
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, state and local law enforcement agencies shall disclose 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 or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.
(2)Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision.
(3)Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, information described in subparagraphs (A) and (B), except to the extent that disclosure of a particular item of information would endanger the completion of the investigation or a related investigation, or would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation: investigation, including a victim or witness. In determining whether disclosure of a particular item of information would endanger a person involved in an investigation, the law enforcement agency may consider a request from the person involved in the investigation to withhold a particular item of information if the person presents evidence that disclosure of that information would endanger the persons safety.
(A)The full name and occupation of every individual arrested by the agency, the individuals 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.
(B)(i)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, or witness to, any crime defined by subdivision (a) or (d) of Section 186.22 of the Penal Code, or the name of a victim of any crime defined by Section 220, 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 victims or witnesss request, or at the request of the victims or witnesss parent or guardian if the victim or witness 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 victims 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 paragraph.
(ii)Subject to the restrictions imposed by Section 841.5 of the Penal Code, the names and images of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, and of that victims immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victims request until the investigation or any subsequent prosecution is complete. For purposes of this subdivision, immediate family shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code.
(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 clause 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.
(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 Governors office or in the custody of or maintained by the Governors Legal Affairs Secretary. However, public records shall not be transferred to the custody of the Governors 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)(1) 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 agencys 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 paragraph 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 paragraph.
(2)Records of local agencies related to activities governed by Chapter 10 (commencing with Section 3500) of Division 4, that reveal a local agencys 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 that chapter. This paragraph shall not be construed to limit the disclosure duties of a local agency with respect to any other records relating to the activities governed by the employee relations act referred to in this paragraph.
(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 negotiators 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 Analysts 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 applicants 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 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), 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 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), 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 contractors 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) or Part 6.4 (commencing with Section 12699.50) 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) or Part 6.4 (commencing with Section 12699.50) 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) or Part 6.4 (commencing with Section 12699.50) 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 Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or 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 agencys 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 registrants 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 funds 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, California State Auditors Office, 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, California State Auditors Office, 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).
SEC. 2.Section 186.37 is added to the Penal Code, to read:186.37.(a)An employee of a law enforcement agency who personally receives a report alleging the commission of an offense defined in subdivision (a) or (d) of Section 186.22, shall inform the victim and any witnesses that of the following:
(1)That the victims or witnesss name will become a matter of public record unless the victim or witness requests that the name not become a matter of public record, the law enforcement agency determines that release of the victims or witnesss name would endanger the victims or witnesss safety pursuant to subdivision (f) of Section 6254 of the Government Code.
(2)The victim or witness may request that the agency withhold their name if the victim or witness provides evidence that disclosure of their name would endanger their safety.
(b)A written report of an offense defined in subdivision (a) or (d) of Section 186.22 shall indicate the alleged victim and any witnesses have been properly informed pursuant to subdivision (a), and shall memorialize their responses.
(c)Except as provided in subdivision (d), a law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name of a person who alleges to be the victim of, or who is reported as a witness to, an offense described in subdivision (a) or (d) of Section 186.22 when the victim or witness has requested, the law enforcement agency has determined, pursuant to subdivision (f) of Section 6254 of the Government Code, the withholding that disclosure of the victims or witnesss name. name would endanger the victim or witness.
(d)Parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, and probation officers of county probation departments shall be entitled to receive information pursuant to subdivision (c) only if the person to whom the information pertains alleges that he or she is the victim of, or the person is reported as a witness to, an offense described in subdivision (a) or (d) of Section 186.22, if the alleged perpetrator of which is a parolee who is alleged to have committed the offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the offense is a probationer, is otherwise subject to supervision or the jurisdiction of a county probation department, or is under investigation by a county probation department.
SEC. 3.Section 293 of the Penal Code is amended to read:293.(a)An employee of a law enforcement agency who personally receives a report from a person, alleging that the person making the report has been the victim of a sex offense, shall inform that person that his or her name will become a matter of public record unless he or she requests that it not become a matter of public record, pursuant to Section 6254 of the Government Code.
(b)A written report of an alleged sex offense shall indicate that the alleged victim has been properly informed pursuant to subdivision (a) and shall memorialize his or her response.
(c)A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the address of a person who alleges to be the victim of a sex offense.
(d)A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name of a person who alleges to be the victim of a sex offense if that person has elected to exercise his or her right pursuant to this section and Section 6254 of the Government Code.
(e)A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies if authorized or required by law, names, addresses, or images of a person who alleges to be the victim of human trafficking, as defined in Section 236.1, or of that alleged victims immediate family, other than a family member who is charged with a criminal offense arising from the same incident, and that information and those images shall be withheld and remain confidential. The law enforcement agency shall 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 pursuant to this section and Section 6254 of the Government Code. For purposes of this subdivision, immediate family shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code.
(f)For purposes of this section, sex offense means any crime listed in clause (i) of subparagraph (B) of paragraph (3) of subdivision (f) of Section 6254 of the Government Code.
(g)Parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, and probation officers of county probation departments shall be entitled to receive information pursuant to subdivisions (c), (d), and (e) only if the person to whom the information pertains alleges that he or she is the victim of a sex offense or is the victim of human trafficking, as defined in Section 236.1, the alleged perpetrator of which is a parolee who is alleged to have committed the offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the offense is a probationer or is under investigation by a county probation department.
SEC. 4.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 6254 of the Government Code and add Section 186.37 to the Penal Code, respectively, impose a limitation on the publics 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:
In order to protect the privacy and safety of certain victims of, and witnesses to, crimes, including specified gang-related offenses, it is necessary to limit the publics right of access to the personal information of those victims and witnesses.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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 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, subject to paragraph (4), state and local law enforcement agencies shall disclose 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 or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.
(2)Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision.
(3)Notwithstanding any other provision of this subdivision other than paragraph (4), subdivision, state and local law enforcement agencies shall make public the following information, 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:
(A)The full name and occupation of every individual arrested by the agency, the individuals 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.
(B)(i)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 of, or witness to, any crime defined by subdivision (a) or (d) of Section 186.22 of the Penal Code, or the name of a victim of any crime defined by Section 220, 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 victims or witnesss request, or at the request of the victims or witnesss parent or guardian if the victim or witness 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 victims 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 paragraph.
(ii)Subject to the restrictions imposed by Section 841.5 of the Penal Code, the names and images of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, and of that victims immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victims request until the investigation or any subsequent prosecution is complete. For purposes of this subdivision, immediate family shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code.
(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 clause 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.
(4)Notwithstanding any other provision of this subdivision, the name and address of a victim of and the name and address of any witnesses to an incident, if the criminal offense charged is described in subdivision (a) or (e) of Section 186.22 of the Penal Code, shall be withheld.(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 Governors office or in the custody of or maintained by the Governors Legal Affairs Secretary. However, public records shall not be transferred to the custody of the Governors 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)(1) 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 agencys 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 paragraph 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 paragraph.
(2)Records of local agencies related to activities governed by Chapter 10 (commencing with Section 3500) of Division 4, that reveal a local agencys 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 that chapter. This paragraph shall not be construed to limit the disclosure duties of a local agency with respect to any other records relating to the activities governed by the employee relations act referred to in this paragraph.
(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 negotiators 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 Analysts 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 applicants 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 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), 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 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), 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 contractors 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) or Part 6.4 (commencing with Section 12699.50) 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) or Part 6.4 (commencing with Section 12699.50) 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) or Part 6.4 (commencing with Section 12699.50) 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 Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or 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 agencys 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 registrants 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 funds 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, California State Auditors Office, 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, California State Auditors Office, 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).
SEC. 2.Section 186.37 is added to the Penal Code, to read:186.37.(a)A An employee of a law enforcement agency who personally receives a report alleging the commission of an offense defined in subdivision (a) or (d) of Section 186.22, shall inform the victim and any witnesses that the victims or witnesss name will become a matter of public record unless the victim or witness requests that the name not become a matter of public record, pursuant to subdivision (f) of Section 6254 of the Government Code.
(b)A written report of an offense defined in subdivision (a) or (d) of Section 186.22 shall indicate the alleged victim and any witnesses have been properly informed pursuant to subdivision (a), and shall memorialize their responses.
(c)Except as provided in subdivision (d), a law enforcement agency shall not, without a court order based on a finding of good cause, not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name or address of a person who alleges to be the victim of, or who is reported as a witness to, an offense described in subdivision (a) or (e) (d) of Section 186.22. 186.22 when the victim or witness has requested, pursuant to subdivision (f) of Section 6254 of the Government Code, the withholding of the victims or witnesss name.
(b)(d)Parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, and probation officers of county probation departments shall be entitled to receive information pursuant to subdivision (a) (c) only if the person to whom the information pertains alleges that he or she is the victim of, or the person is reported as a witness to, an offense described in subdivision (a) or (e) (d) of Section 186.22, if the alleged perpetrator of which is a parolee who is alleged to have committed the offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the offense is a probationer, is otherwise subject to supervision or the jurisdiction of a county probation department, or is under investigation by a county probation department.
SEC. 3.Section 293 of the Penal Code is amended to read:293.(a)An employee of a law enforcement agency who personally receives a report from a person, alleging that the person making the report has been the victim of a sex offense, shall inform that person that his or her name will become a matter of public record unless he or she requests that it not become a matter of public record, pursuant to Section 6254 of the Government Code.
(b)A written report of an alleged sex offense shall indicate that the alleged victim has been properly informed pursuant to subdivision (a) and shall memorialize his or her response.
(c)A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the address of a person who alleges to be the victim of a sex offense.
(d)A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name of a person who alleges to be the victim of a sex offense if that person has elected to exercise his or her right pursuant to this section and Section 6254 of the Government Code.
(e)A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies if authorized or required by law, names, addresses, or images of a person who alleges to be the victim of human trafficking, as defined in Section 236.1, or of that alleged victims immediate family, other than a family member who is charged with a criminal offense arising from the same incident, and that information and those images shall be withheld and remain confidential. The law enforcement agency shall 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 pursuant to this section and Section 6254 of the Government Code. For purposes of this subdivision, immediate family shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code.
(f)For purposes of this section, sex offense means any crime listed in clause (i) of subparagraph (B) of paragraph (3) of subdivision (f) of Section 6254 of the Government Code.
(g)Parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, and probation officers of county probation departments shall be entitled to receive information pursuant to subdivisions (c), (d), and (e) only if the person to whom the information pertains alleges that he or she is the victim of a sex offense or is the victim of human trafficking, as defined in Section 236.1, the alleged perpetrator of which is a parolee who is alleged to have committed the offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the offense is a probationer or is under investigation by a county probation department.
SEC. 4.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 6254 of the Government Code and add Section 186.37 to the Penal Code, respectively, impose a limitation on the publics 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:
In order to protect the privacy and safety of victims of, and witnesses to, gang-related offenses, it is necessary to limit the publics right of access to the personal information of those victims and witnesses.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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, subject to paragraph (4), state and local law enforcement agencies shall disclose 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 or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.
Customer(2)Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision.
Notwithstanding(3)Notwithstanding any other provision of this subdivision, subdivision other than paragraph (4), state and local law enforcement agencies shall make public the following information, 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:
(1)(A)The full name and occupation of every individual arrested by the agency, the individuals 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.
(2)(A) Subject(B)(i)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, 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 victims request, or at the request of the victims 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 victims 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 paragraph.
(B)(ii)Subject to the restrictions imposed by Section 841.5 of the Penal Code, the names and images of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, and of that victims immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victims request until the investigation or any subsequent prosecution is complete. For purposes of this subdivision, immediate family shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code.
(3)(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 clause 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 paragraph clause shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph. clause.
(4)Notwithstanding any other provision of this subdivision, the name and address of a victim of and the name and address of any witnesses to an incident, if the criminal offense charged is described in subdivision (a) or (e) of Section 186.22 of the Penal Code, shall be withheld.
(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 Governors office or in the custody of or maintained by the Governors Legal Affairs Secretary. However, public records shall not be transferred to the custody of the Governors 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)(1) 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 agencys 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 paragraph 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 paragraph.
(2)Records of local agencies related to activities governed by Chapter 10 (commencing with Section 3500) of Division 4, that reveal a local agencys 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 that chapter. This paragraph shall not be construed to limit the disclosure duties of a local agency with respect to any other records relating to the activities governed by the employee relations act referred to in this paragraph.
(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 negotiators 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 Analysts 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 applicants 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 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), 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 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), 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 contractors 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) or Part 6.4 (commencing with Section 12699.50) 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) or Part 6.4 (commencing with Section 12699.50) 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) or Part 6.4 (commencing with Section 12699.50) 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 Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or 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 agencys 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 registrants 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 funds 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, California State Auditors Office, 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, California State Auditors Office, 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).
SEC. 2.Section 186.37 is added to the Penal Code, to read:186.37.(a)A law enforcement agency shall not, without a court order based on a finding of good cause, disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name or address of a person who alleges to be the victim of, or who is reported as a witness to, an offense described in subdivision (a) or (e) of Section 186.22.
(b)Parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, and probation officers of county probation departments shall be entitled to receive information pursuant to subdivision (a) only if the person to whom the information pertains alleges that he or she is the victim of, or the person is reported as a witness to, an offense described in subdivision (a) or (e) of Section 186.22, if the alleged perpetrator of which is a parolee who is alleged to have committed the offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the offense is a probationer, is otherwise subject to supervision or the jurisdiction of a county probation department, or is under investigation by a county probation department.
SEC. 3.Section 293 of the Penal Code is amended to read:293.(a)An employee of a law enforcement agency who personally receives a report from a person, alleging that the person making the report has been the victim of a sex offense, shall inform that person that his or her name will become a matter of public record unless he or she requests that it not become a matter of public record, pursuant to Section 6254 of the Government Code.
(b)A written report of an alleged sex offense shall indicate that the alleged victim has been properly informed pursuant to subdivision (a) and shall memorialize his or her response.
(c)A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the address of a person who alleges to be the victim of a sex offense.
(d)A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name of a person who alleges to be the victim of a sex offense if that person has elected to exercise his or her right pursuant to this section and Section 6254 of the Government Code.
(e)A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies if authorized or required by law, names, addresses, or images of a person who alleges to be the victim of human trafficking, as defined in Section 236.1, or of that alleged victims immediate family, other than a family member who is charged with a criminal offense arising from the same incident, and that information and those images shall be withheld and remain confidential. The law enforcement agency shall 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 pursuant to this section and Section 6254 of the Government Code. For purposes of this subdivision, immediate family shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code.
(f)For purposes of this section, sex offense means any crime listed in clause (i) of subparagraph (A) (B) of paragraph (2) (3) of subdivision (f) of Section 6254 of the Government Code.
(g)Parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, and probation officers of county probation departments shall be entitled to receive information pursuant to subdivisions (c), (d), and (e) only if the person to whom the information pertains alleges that he or she is the victim of a sex offense or is the victim of human trafficking, as defined in Section 236.1, the alleged perpetrator of which is a parolee who is alleged to have committed the offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the offense is a probationer or is under investigation by a county probation department.
SEC. 4.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 6254 of the Government Code and add Section 186.37 to the Penal Code, respectively, impose a limitation on the publics 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:
In order to protect the privacy and safety of victims of, and witnesses to, gang-related offenses, it is necessary to limit the publics right of access to the personal information of those victims and witnesses.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| May 25, 2018 | In committee: Held under submission. |
| Apr 25, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 17, 2018 | Re-referred to Com. on APPR. |
| Apr 16, 2018 | Read second time and amended. |
| Apr 12, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 10). |
| Apr 9, 2018 | Re-referred to Com. on JUD. |
| Apr 5, 2018 | Read second time and amended. |
| Apr 4, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (April 3). |
| Feb 12, 2018 | Referred to Coms. on PUB. S. and JUD. |
| Feb 6, 2018 | From printer. May be heard in committee March 8. |
| Feb 5, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Apr 10, 2018 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
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| Apr 3, 2018 | Do pass as amended and be re-referred to the Committee on [Judiciary] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union of California | * Indeterminate | Apr 10, 2018 |
| California News Publishers Association | * Indeterminate | Apr 10, 2018 |
| California Police Chiefs Association | ** Support | Apr 7, 2018 |
| California Sheriffs Association | * Support | Apr 10, 2018 |
| Crime Victims United Of California | ** Support | Apr 7, 2018 |
| Los Angeles County Professional Peace Officers Association | ** Support | Apr 7, 2018 |
| Mothers & Men Against Gang Violence | ** Support | Apr 7, 2018 |
| Mothers and Men Against Gangs Coalition | * Support | Apr 3, 2018 |
| San Luis Obispo County Sheriff's Office | * Support | Apr 3, 2018 |
Date of Hearing: April 25, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2013
Author:(Cunningham) – As Amended Ver:April 16, 2018
Policy Committee: | Public Safety | Vote: | 6 - 0 |
Judiciary | 10 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill specifies that law enforcement agencies, when determining whether identifying information about a victim or witness (such as the person’s name) will be publicly disclosed, may consider a request from the victim or witness not to disclose the information if the victim or witness presents evidence that disclosure will endanger his or her safety. Specifically, this bill:
- Specifies that an employee of a law enforcement agency who personally receives a report involving specified gang related offenses must inform the victim and any witness that their name or names will become a matter of public record unless the law enforcement agency determines that release of the victim’s or witness’ information will endanger the victim’s or witness’s safety.
- Requires a written police report involving specified gang offenses to indicate that the alleged victim and any witness have been properly informed that the victim’s or witness’s name can become a matter of public record and document the victim’s or witness’s response.
FISCAL EFFECT:
- Potentially significant reimbursable state mandate, potentially in the hundreds of thousands of dollars annually, for local agencies to ensure that all victims and witnesses of gang-related crimes are informed of their right to request that their names be kept confidential and to ensure that information is documented in the crime report. It is unclear whether the Commission on State Mandates will determine any such costs to be reimbursable. This is because Proposition 42 of 2014 specifies that the state will not reimburse local agencies for costs related to the CPRA. However, the mandated activities in this bill are specified in the Penal Code, not the CPRA statutes, although the mandated activities relate to the implementation of the CPRA.
- Potential minor costs to the Department of Justice (DOJ). Specifically, DOJ reports $76 for one hour worth of work in 2018-19 and $152 for two hours’ worth of work in 2019-20 and ongoing.
COMMENTS:
- Background. Under the California Public Records Act (CPRA), state and local agencies are required to make public records available for inspection by the public, unless another provision of the CPRA or another statute expressly exempts the records from the disclosure requirement. For example, statute allows the name of a victim of certain sex crimes (such as human trafficking) to be withheld from disclosure at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor.
- Purpose. This bill will extend to victims and witnesses of gang-related crimes the same confidentiality provisions provided to victims of certain sex crimes. According to the author:
With a statewide rise in gang-related crime, California must act to protect both victims and witnesses of gang crimes who want to cooperate with authorities, but fear retaliation. We should give victims of and witnesses to gang crimes the same protections that victims of sexual assault and domestic violence have.
- Prior legislation.
AB 2498 (Bonta), Chapter 644, Statutes of 2016, authorizes, at the request of a victim, the withholding from disclosure pursuant to CPRA the names and images of a victim of human trafficking and that victim’s immediate family, until the investigation or any subsequent prosecution is complete.
AB 2843 (Chau), Chapter 830, Statutes of 2016, extends a provision of the CPRA that exempts from disclosure the home addresses and home phone numbers of state employees and employees of a school district or county office of education to include the employees’ personal cell phone numbers and personal email addresses.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: April 10, 2018
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
ABPCA Bill Id:AB 2013
Author:(Cunningham and E. Garcia) – As Amended Ver:April 5, 2018
SUBJECT: CRIMINAL GANGS: REPORTS: VICTIM AND WITNESS IDENTITY
KEY ISSUE: SHOULD THE CALIFORNIA PUBLIC RECORDS ACT BE AMENDED TO PROHIBIT LAW ENFORCEMENT AGENCIES FROM RELEASING THE NAMES OF VICTIMS OF, AND WITNESSES TO, SPECIFIED GANG-RELATED CRIMES, EVEN THOUGH EXISTING LAW ALLOWS LAW ENFORCEMENT AGENCIES TO WITHHOLD INFORMATION, including name, about A PERSON INVOLVED IN A CRIMINAL INVESTIGATION WHO WOULD BE ENDANGERED BY THE RELEASE OF THAT INFORMATION?
SYNOPSIS
The California Public Records Act (CPRA) makes all public records subject to public inspection unless a specific provision of the CPRA or another statute exempts the record from disclosure. One category of records that are specifically exempted from disclosure to the public within the CPRA are those relating to a criminal investigation. However, the CPRA requires that specific identifying information, including names and address about persons who are arrested and persons who are victims of crimes, is released to the public. The purpose of these requirements is to provide the public, journalists, and researchers with information about criminal activity in their communities and to thereby make the law enforcement and criminal justice system accountable to the public.
While the CPRA makes certain information presumptively public, nevertheless, as a check on the release of such information, it provides a law enforcement agency with the broad discretion to withhold “any particular item of information [that] would endanger the safety of a person involved in an investigation” from disclosure to the public. (Government Code Section 6254 (f).) This provision is both broad and general. In addition to this general protection in Section 6254 (f) that ensures the safety and confidentiality of all victims and witnesses who could be endangered by the release of their personal identifying information, regardless of the crime involved, the CPRA provides additional protections to the confidentiality of victims of specified crimes. For example, the CPRA allows a law enforcement agency to withhold from public disclosure the name of a person who is the victim of one of a number of enumerated sex-related crimes (including prostitution, pimping, solicitation, and sexual assault, as well as human trafficking) upon the request of the victim (or the victim’s parent or guardian if the victim is a minor).
This bill would expand these existing confidentiality provisions in two ways: (1) adding gang crimes to the list of specific crimes where a victim’s name can be withheld from public disclosure at the request of the victim (or the parent or guardian of the victim if the victim is a minor), and (2) adding witnesses of gang crimes to the list of persons who, like victims of sex-related crimes, can request that their names are withheld.
While protecting victims and witnesses from intimidation or retaliation is certainly a worthy public policy goal, there is also a cost for such a proposal like this bill: the further weakening of a long-standing, and constitutionally mandated, interest in ensuring access to public records, even when those records may include names and addresses of crime victims. In short, the privacy of victims must be reasonably balanced against the public's right of access to public records. The analysis discusses these issues, as well as the fact that the bill may be under inclusive in its approach in that other information about a victim or witness of a gang crime—address, work address, names of immediate family members, etc. —would not necessarily be withheld from the public, even if the bill were to become law. The analysis suggests that the Committee may wish to consider whether the bill’s current approach--adding yet another crime to the crimes where victims (and witnesses under this bill) achieves the goal of protecting persons who are truly endangered by the potential disclosure of specific information, or whether a more comprehensive approach to the issue sought to be addressed by the bill would be to make it clear that anyone involved in an investigation may request that a specific item of information be withheld from public disclosure if there is evidence that disclosure of that information would endanger that individual.
This author-sponsored bill was recently approved by the Assembly Public Safety Committee. It is supported by the California Police Chiefs Association, California State Sheriffs’ Association, Crime Victims United of California, Los Angeles County Professional Peace Officers Association, and Mothers & Men Against Gang Violence and opposed by the California News Publishers Association and ACLU California.
SUMMARY: Prohibits law enforcement agencies, upon request, from disclosing the names of victims of, and witnesses to, specified gang related offenses, except under limited circumstances and prohibits disclosure of the same information pursuant to the California Public Records Act (CPRA). Specifically, this bill:
- Allows a law enforcement agency to withhold from public disclosure, in response to a CPRA request, the name of a victim of, or witness to, any crime defined by subdivision (a) or (d) of Section 186.22 of the Penal Code, upon request of the victim or witness.
- Specifies that an employee of a law enforcement agency who personally receives a report involving specified gang related offenses, shall inform the victim and any witnesses, that their name will become a matter of public record unless they request that it not become a matter of public record.
- Requires a written police report involving specified gang offenses to indicate that the alleged victim and any witnesses have been properly informed about their right to request non-disclosure of their names and shall memorialize their responses.
- States that a law enforcement agency shall not disclose, except to public safety officers as specified, or where authorized or required by law, the name of a person who alleges to be the victim of, or who is reported as a witness to, a specified gang related offense, when the victim or witness has requested the withholding of the victim’s or witness’s name.
- Provides that the name of a victim of, or witness to, specified gang related offenses, may be withheld at the victim’s or witness’s request, or at the request of the victim’s or witness’s parent or guardian if the victim or witness is a minor, when a request for information is made pursuant to the CPRA, as specified.
EXISTING LAW:
- Provides, in the California Constitution, that “All people are by nature free and independent and have inalienable rights” and among these are “privacy.” (Cal. Const., art. 1, sec. 1.)
- Provides, in the California Constitution, that “The people have the right of access to information concerning the conduct of the people’s business, and therefore . . . the writings of public officials and agencies shall be open to public scrutiny.” (Cal. Const., art. 1, sec. 3, subd. (b), par. (1).)
- Requires, pursuant to the California Constitution, that “A state, court rule, or other authority . . . that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (Cal. Const., art. 1, sec. 3, subd. (b), par. (2).)
- Requires, under the California Public Records Act (CPRA), state and local agencies to make public records available for inspection by the public, unless another provision of the CPRA or another statute expressly exempts the records from the disclosure requirement. (Government Code Section 6250 et seq. All further statutory references are to the Government Code, unless otherwise indicated.)
- Provides, notwithstanding any other law, state and local law enforcement agencies shall make public the following information, 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:
- The full name, occupation, and booking information of all persons arrested;
- Calls for service logs and crime reports, and names and ages of victims.
- The addresses of individuals arrested by the agency and victims of a crime. (Section 6254 (f).)
- Provides a law enforcement agency with the broad discretion to withhold “any particular item of information [that] would endanger the safety of a person involved in an investigation” from disclosure to the public. (Section 6254 (f).)
- Provides that the name of a victim of certain sexual crimes may be withheld from disclosure at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor. (Section 6254 (f)(2).)
- Requires state and local law enforcement agencies to disclose, subject to certain restrictions, 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, but provides that the address of the victim of certain sexual crimes, including human trafficking, shall remain confidential. (Section 6254 (f)(3).)
- Requires the agency to justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (Section 6255.)
- Requires an employee of a law enforcement agency who personally received a report from a person alleging that he or she has been the victim of a sex offense, to inform the person making the report that his or her name will become a matter of public record unless he or she requests that it not become a matter of public record. Provides that if the victim makes this request then the law enforcement agency shall not disclose the name of a victim. (Penal Code Section 293 (a)-(d).)
- Makes it a crime for a person to actively participate in any criminal street gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity, and who willfully promote, further, or assist in any felonious criminal conduct by members of that gang, or to commit a felony for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members. (Penal Code Section 186.22.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: This bill amends provisions in both the California Public Records Act (CPRA) and the Penal Code in order to shield the names of victims and witnesses of gang-related offenses from public disclosure.
The CPRA. The CPRA makes all public records subject to public inspection unless a specific provision of the CPRA or another statute exempts the record from disclosure. One category of records that are specifically exempted from disclosure to the public within the CPRA are those relating to a criminal investigation. (Section 6254 (f).)
However, the CPRA requires that specific identifying information about persons who are arrested and persons who are victims of crimes is released to the public. In the case of persons who are arrested, the CPRA requires that the person’s name, occupation, and physical description, among other details about the offense and the arrestee, is disclosed. (Section 6254 (f)(1).) In the case of persons who are victims of crimes, the CPRA generally requires that the victim’s name and age must be disclosed to the public. (Section 6254 (f)(1).) It also requires, as a general rule, that the victim’s address must be disclosed “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.” (Id., at (f)(3)). The purpose of these requirements is to provide the public, journalists, and researchers with information about criminal activity in their communities: information about both the types and locations of the crimes, but also about the persons who are perpetrating those crimes and being victimized by them.
The California News Publishers Association (CNPA) points out that there are many public benefits from making information about crimes presumptively open and available to the public:
Accurate and complete reporting about crime deputizes the public to assist law enforcement in solving and preventing crime. When the public is made aware that an identified individual is victimized, is a witness or has been arrested, it creates increased vigilance in the community, in the workplace, and the neighborhood, and gives rise to all kinds of beneficial behavior, including increased tips and other communications to law enforcement agencies and the creation of Neighborhood Watch groups and other collective programs.
Information about crime that precisely identifies the people involved--victims, witnesses and those accused of crime -- is accessed from law enforcement agencies every day by hundreds or newspapers and others to inform the public of the basic facts associated with crime. Precise address information allows individual members of the public to determine for themselves just how safe or dangerous their neighborhood, school, place of business or public park is, and allows them to make individual decisions about their personal public safety, the safety of their families and their property. There is no way anyone can safeguard their person or property if they cannot determine with certainty the identity of persons who witness or are arrested or victimized by crime.
Finally, as CNPA also observes, “Public access to this information protects the integrity of law enforcement and the judicial system.”
General Protections of Persons Involved in Criminal Investigations. While the CPRA makes certain information presumptively public, nevertheless, as a check on the release of such information, it provides a law enforcement agency with the broad discretion to withhold “any “particular item of information [that] would endanger the safety of a person involved in an investigation” from disclosure to the public. (Section 6254 (f).) This provision is both broad and general. It covers any “item” (i.e. it is not limited to a person’s name or address) and any “person involved in an investigation” (i.e. it is not limited to the victim of the crime). Law enforcement might rely upon on this provision, for example, to withhold information about witnesses (who are not included in the specific protections for victims, described in more detail below). Law enforcement agencies would also rely on this provision to withhold information about victims of crimes that are not included in the provisions discussed below (i.e. information other than name and address, such as work address or phone number). But the guiding principle for law enforcement’s decision whether to withhold information pursuant to Section 6254 (f) is whether disclosure of the information about the person involved in the investigation would endanger that person.
Special Protections of Victims of Certain Crimes. In addition to this general protection in Section 6254 (f) that ensures the safety and confidentiality of all victims and witnesses who could be endangered by the release of their personal identifying information, regardless of the crime involved, the CPRA provides additional protections to the confidentiality of victims of specified crimes.
First, the CPRA allows a law enforcement agency to withhold from public disclosure the name of a person who is the victim of one of a number of enumerated sex-related crimes (including prostitution, pimping, solicitation, and sexual assault, as well as human trafficking) upon the request of the victim (or the victim’s parent or guardian if the victim is a minor). (Section 6254 (f)(2).) The law also requires that address information about victims of those sex-related crimes is withheld from public disclosure and remains confidential. (Id., at (f)(3).) Thus, existing law treats the name of the victim of a sex-related crime somewhat differently from the address of such a victim. While the names of victims of sexual crimes are usually only exempt from disclosure under the CPRA if the victim has affirmatively requested that his or her name be exempt, the home addresses of victims of sexual crimes are kept confidential as a matter of course (without the necessity of a request from the victim).
Second, as of 2017, when AB 2498 (Bonta), Chapter 644, Statutes of 2016 took effect, the CPRA provides special protections for victims of human trafficking that are even more expansive than those afforded to victims of sex crimes. For example, whereas existing law protects the names and addresses (upon request) of certain sex-crime victims from public disclosure, the law protects the names, addresses, and images of victims from public disclosure (without the necessity of a request). In addition, this added protection applies not only to the victim, but also to the names, addresses, and images of the victim's immediate family.
This Bill: Confidentiality for Victims and Witnesses of Gang Crimes. This bill would expand the CPRA’s existing confidentiality provisions in two ways: (1) adding gang crimes to the list of specific crimes where a victim’s name can be withheld from public disclosure at the request of the victim (or the parent or guardian of the victim if the victim is a minor), and (2) adding witnesses of gang crimes to the list of persons who, like victims of sex-related crimes, can request that their names are withheld. According to the author, the amendments to the CPRA proposed by this bill to allow victims and witnesses of gang crimes to request the non-disclosure of their names by law enforcement are necessary to protect the safety of such victims and witnesses who fear for their safety:
With a statewide rise in gang-related crime, California must act to protect both victims and witnesses of gang crimes who want to cooperate with authorities, but fear retaliation. We should give victims of and witnesses to gang crimes the same protections that victims of sexual assault and domestic violence have.
However, the bill does not prevent disclosure of the address of a victim or witness of a gang crime. Nor does it add victims and witnesses of gang crimes to the list of crime victims whose addresses are automatically withheld from the public. Victims and witnesses of gang crimes would still be required to request that their names be withheld from public disclosure.
Furthermore, as explained above, a law enforcement agency already has the authority under existing law to withhold address information (and any other specific piece of information) from the public if the agency determines that disclosure of that information “would endanger the safety of a person involved in an investigation” from disclosure to the public. (Section 6254 (f).) Therefore, even under this bill, victims and witnesses of gang crimes would still have to rely upon the general provision in Section 6254 (f) in order to shield their address information (or any other information that would endanger them if it were disclosed to the public). So the question arises, why couldn’t victims and witnesses of gang crimes also rely upon that provision in order to protect their names? For example, the ACLU observes, “AB 2013 provides no greater protection to a victim or witness who faces danger from release of his or her information than what is available under existing law.”
Balancing Competing Interests: Tradeoffs for Weakening the CPRA. The need and purpose of this proposed legislation seems to be readily apparent. The bill is premised on the fact that it is dangerous for all victims and witnesses of gang crimes to be identified to the public by name. This may very well be true, but even if a law enforcement agency released the name of a victim or witness to a gang crime in response to a CPRA request, or included with routinely released crime data, there would be other ways for the victim or witness’s name to become public. For example, when criminal charges were filed against the perpetrators of the crime, the criminal complaint would likely identify the victim by name. When a preliminary examination of the alleged crime were held, the victim or witness could testify in court, in which case their identity would be public, or the investigating officer would presumably testify about the victim or witness’s role (as victim or witness) in the gang crime, in which case they would also be identified by name. Finally, any jury trial conducted of the gang crime, including all victim and witness testimony, would generally be open to the public. In other words, protecting the victim or witness’s name in response to a CPRA request does not necessarily ensure the victim or witness’s privacy, or even the confidentiality of their name.
Also, while protecting victims and witnesses from intimidation or retaliation is certainly a worthy public policy goal, there is also a cost for such a proposal like this bill: the further weakening of a long-standing, and constitutionally mandated, interest in ensuring access to public records, even when those records may include names and addresses of crime victims. In short, the privacy of victims must be reasonably balanced against the public's right of access to public records.
An Alternative Approach the Committee May Wish to Recommend to the Author. While it could be argued that the bill is over inclusive in that it allows all victims and witnesses of gang crimes to withhold their names from the public, regardless of whether release of their name would endanger their safety, it is also true that the bill may be under inclusive in its approach in that other information about a victim or witness of a gang crime—address, work address, names of immediate family members, etc. —would not necessarily be withheld from the public, even if the bill were to become law.
At the same time, the CPRA does not explicitly provide that persons other than victims of sex crimes and victims of human trafficking can request that their names be withheld from the public, even though Section 6254 (f) allows a law enforcement agency to withhold a specific piece of information about anyone involved in the investigation. The Committee may wish to consider whether the bill’s current approach--adding yet another crime to the crimes where victims (and witnesses under this bill) can request that their names are withheld from public disclosure—achieves the goal of protecting persons who are truly endangered by the potential disclosure of specific information.
In order to provide a more comprehensive approach to the issue of disclosure of personal identifying information that could endanger persons involved in criminal investigations, the Committee may wish to explore with the author whether Section 6254 (f) should be amended to explicitly state that anyone involved in an investigation may request that a specific item of information be withheld from public disclosure if there is evidence that disclosure of that information would endanger that individual.
Prior Similar Legislation: AB 2498 (Bonta), Chapter 644, Statutes of 2016, authorized, at the request of a victim, 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 CPRA until the investigation or any subsequent prosecution is complete.
AB 2611 (Low), of the 2015-2016 Legislative Session, would have placed a blanket restriction on the disclosure of a video or audio recording that depicts the death of a peace officer in the line of duty, unless the peace officer's family consents to disclosure. AB 2611 was held in the Assembly Judiciary Committee after the bill returned to the Assembly for concurrence.
AB 2843 (Chau), Chapter 830, Statutes of 2016, extended an existing provision of the CPRA that exempts from disclosure the home addresses and home phone numbers of state employees and employees of a school district or county office of education to include the employee’s personal cell phone number and personal email address.
REGISTERED SUPPORT / OPPOSITION:
Support
California Police Chiefs Association
California State Sheriffs’ Association
Crime Victims United of California
Los Angeles County Professional Peace Officers Association
Mothers & Men Against Gang Violence
Opposition
ACLU California
California News Publishers Association
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334
Date of Hearing:
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 2013
Author:(Cunningham) – As Introduced Ver:February 5, 2018
As Proposed to Be amended in Committee
SUMMARY:
Prohibits law enforcement agencies, upon request, from disclosing the names of victims of, and witnesses to, specified gang related offenses, except under limited circumstances. Prohibits disclosure of the same information pursuant to the California Public Records Act (CPRA). Specifically, this bill:
- Specifies that an employee of a law enforcement agency who personally receives a report involving specified gang related offenses, shall inform the victim and any witnesses, that their name will become a matter of public record unless they request that it not become a matter of public record.
- Requires a written police report of involving specified gang offenses to indicate that the alleged victim and any witnesses have been properly informed about their right to request non-disclosure of their names and shall memorialize their responses.
- States that a law enforcement agency shall not disclose, except to public safety officers as specified, or where authorized or required by law, the name of a person who alleges to be the victim of, or who is reported as a witness to, a specified gang related offense, when the victim or witness has requested the withholding of the victim’s or witness’s name.
- Provides that the name of a victim of, or witness to, specified gang related offenses, may be withheld at the victim’s or witness’s request, or at the request of the victim’s or witness’s parent or guardian if the victim or witness is a minor, when a request for information is made pursuant to the CPRA, as specified.
EXISTING LAW:
- Requires, under the California Public Records Act (CPRA), state and local agencies to make public records available for inspection by the public, unless another provision of the CPRA or another statute expressly exempts the records from the disclosure requirement. (Gov. Code, § 6250 et seq.)
- Defines "public records" to include “any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” (Gov. Code, § 6252, subd. (e).) The records of weapons permit holders maintained by the sheriff are public records. (62 Ops. Cal.Atty.Gen. 402.)
- Requires an agency to justify withholding any record by demonstrating that the record in question is exempt under express provisions of the PRA or that on the facts of the particular case, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (Gov. Code, § 6255, subd. (a).)
- Exempts from disclosure under the CPRA any records relating to an investigation conducted by a state or local law enforcement agency or any investigatory or security files complied by any other state or local agency for correctional, law enforcement, or licensing purposes. Specifies, however, that state and local law enforcement agencies shall disclose the names and addresses of persons involved in the incident, including certain information about the victim, as specified, unless the disclosure would endanger the successful completion of the investigation. (Gov. Code, § 6254, subd. (f).)
- Provides, notwithstanding any required disclosure above, that the name of a victim of certain sexual crimes, including a human trafficking, may be withheld from disclosure at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor. (Gov. Code, § 6254, subd. (f)(2).)
- Subject to the restrictions imposed by Section 841.5 of the Penal Code, the names and images of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, and of that victim’s immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victim’s request until the investigation or any subsequent prosecution is complete. For purposes of this subdivision, “immediate family” shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code. (Gov. Code, § 6254, subd. (f)(2).)
- Requires state and local law enforcement agencies to disclose, subject to certain restrictions, 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 defined. However, notwithstanding this general disclosure requirement, the address of the victim of certain sexual crimes, including human trafficking, shall remain confidential. (Gov. Code, § 6254, subd. (f)(3).)
- Provides that an adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who lives in California, may apply to the Secretary of State to have an address designated by the Secretary of State serve as the person’s address or the address of the minor or incapacitated person for reasons of confidentiality. (Gov. Code, § 6206, subd. (a).)
- Requires an employee of a law enforcement agency who personally received a report from a person alleging that he or she has been the victim of a sex offense, to inform the person making the report that his or her name will become a matter of public record unless he or she requests that it not become a matter of public record. Provides that if the victim makes this request then the law enforcement agency shall not disclose the name of a victim, except as specified. (Penal Code Section 293 (a)-(d).)
- Provides that any victim of a sexual crime who has not elected to exercise his or her right to keep her name confidential may request to be identified in all court records and proceedings as either Jane Doe or John Doe, if the court finds that such an order is reasonably necessary to the protect the privacy of the person and will not unduly prejudice the prosecution or the defense. (Penal Code Section 293.5.)
- Requires the prosecuting attorney to disclose to the defendant or his or her attorney the names and addresses of persons the prosecutor intends to call as witnesses at trial, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies (Pen. Code, § 1054.1, subd. (a).)
- Prohibits an attorney from disclosing to a defendant, members of the defendant’s family, or anyone else, the address or telephone number of a victim or witness whose name is disclosed to the attorney pursuant to discovery of evidence in a criminal case, unless specifically permitted to do so by the court after a hearing and a showing of good cause. (Pen. Code, § 1054.2, subd. (a)(1).)
- Allows an attorney to disclose the address or telephone number of a victim or witness to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case if that disclosure is required for that preparation. (Pen. Code, § 1054.2, subd. (a)(2).)
- States that except as otherwise required by criminal discovery, or by the United States Constitution or the California Constitution, no law enforcement agency shall disclose to any arrested person, or to any person who may be a defendant in a criminal action, the address or telephone number of any person who is a victim or witness in the alleged offense. (Pen. Code, § 841.5, subd. (a).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “With a statewide rise in gang-related crime, California must act to protect both victims and witnesses of gang crimes who want to cooperate with authorities, but fear retaliation. We should give victims of and witnesses to gang crimes the same protections that victims of sexual assault and domestic violence have.”
- California Public Records Act: The California Public Records Act (CPRA) requires every state and local agency to make its records available for public inspection upon request, subject to certain exemptions. The CPRA derives from Article I ("The Declaration of Rights") of the California Constitution and is rooted in the principle that the conduct of government should be subject to public scrutiny. The placement of the right of access to public records in Section 3 of Article I of the state constitution puts it on par with the people's fundamental rights of assembly and petition. Because of the obviously high value placed on access to public records, the California Constitution expressly requires that the right of access in the CPRA be broadly construed, and that any limitation on this access be "narrowly construed." (Article 1 Section 3(b)(2).) In addition, the state constitution requires that any limitation on access to public records be supported "with findings demonstrating the interest protected by the limitation and the need for protecting that interest." (Id.)
The fundamental precept of the CPRA is that governmental records shall be disclosed to the public, upon request, unless there is a specific reason not to do so. Most of the reasons for withholding disclosure of a record are set forth in specific exemptions contained in the CPRA. However, some confidentiality provisions are incorporated by reference to other laws. Also, the CPRA provides for a general balancing test by which an agency may withhold records from disclosure, if it can establish that the public interest in nondisclosure clearly outweighs the public interest in disclosure. (http://ag.ca.gov/publications/summary_public_records_act.pdf)
There are two recurring interests that justify most of the exemptions from disclosure. First, several CPRA exemptions are based on recognition of the individual’s right to privacy (e.g., privacy in certain personnel, medical or similar records). Second, a number of disclosure exemptions are based on the government’s need to perform its assigned functions in a reasonably efficient manner (e.g., maintaining confidentiality of investigative records, official information, records related to pending litigation, and preliminary notes or memoranda).
If a record contains exempt information, the agency generally must segregate or redact the exempt information and disclose the remainder of the record. If an agency improperly withholds records, a member of the public may enforce, in court, his or her right to inspect or copy the records and receive payment for court costs and attorney’s fees. (Id.) - Exemptions from the CPRA for Records Related to Investigations by Law Enforcement: Records of complaints, preliminary inquiries to determine if a crime has been committed, and full-scale investigations, as well as closure memoranda are investigative records. Police reports involving gang related offenses are investigative records.
Under the CPRA, investigative records are exempt from disclosure on the CPRA, at the discretion of the agency.
However, the CPRA also specifies that certain basic information must be disclosed by law enforcement agencies in connection with investigatory documents, unless to do so would endanger the safety of an individual or interfere with an investigation.
. . ., state and local law enforcement agencies shall disclose 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, . . ., 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. (Gov. Code 6254, subd. (f).)
By directing disclosure to the information described above, the CPRA seeks to ensure that victims, their representatives, and other appropriate parties have access to information to pursue insurance claims or bring civil litigation, where appropriate. However, law enforcement could prohibit the disclosure of victim or witness names (or any other information) under any circumstances where disclosure would endanger the safety of a victim or witness.
- Existing Confidentiality Provisions for Crime Victims: Current law places limits on the public disclosure of the names of victims of certain crimes. The CPRA specifies that the name of a victim of enumerated crimes may be withheld from disclosure at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor. (Gov. Code, § 6254, subd. (f)(2).) The crimes for which victims can currently request non-disclosure of their name are primarily sex-related offenses. Current law requires law enforcement to inform victims of their right to request that their name become a matter of public record, when the person is making a report alleging that they have been the victim of a sex offense. (Pen. Code, § 293.)
By restricting disclosure, upon request, of the names of victims of, and witnesses to, specified gang related offenses, this bill would provide similar limits, currently existing, regarding disclosure of information for victims of specified sex related offenses. - Proposed Amendments to Be Adopted in Committee:
- Limit disclosure to the name of victims of, and witnesses to, specified gang related offenses;
- Require that police officers who receive a report involving specified gang related offenses, inform the victim and any witnesses, that their name will become a matter of public record unless they request that it not become a matter of public record;
- Require victims and witnesses of specified gang related offenses to request that their names not become a matter of public record, to trigger the non-disclosure provisions of this bill; and,
- Delete language that would have prohibited the disclosure of the name and address of victims of, and witnesses to, gang related offenses, under the CPRA for any reason.
- Limit disclosure to the name of victims of, and witnesses to, specified gang related offenses;
- Argument in Support: According to Mothers & Men Against Gangs Coalition (MAG), “The mission and vision of MAG Coalition is to create a nonviolent community, assist in healing victims of violent crimes, raise crime victim awareness, increase family and community unity, and to deter gang violence. In an effort to follow this mission and vision, MAG Coalition nurtures community partnerships to create safe activities, programs, and policies that educate and empower everyone with knowledge, strength and faith to combat gang violence. It is with this in mind that MAG Coalition is supporting the efforts of California State Assembly Members Jordan Cunningham and Eduardo Garcia.
“Protecting this sensitive information will encourage those who were afraid to now bring forth information pertaining to gang-related crimes and ensure people feel safe in their own communities. AB 2013 will send a message to all those afflicted by gang crimes that no more will they be able to terrorize and intimidate victims and witnesses. This bill will add another tool for law enforcement to use in order to secure accurate, hones, and timely statements on instances where a gang crime has been committed.
“With a statewide rise in gang-related crime, California must act to protect both victims and witnesses of gang crimes who want to cooperate with authorities, but fear retaliation. For far too long, gang crime has plagued our state and it is time we act to help bring justice for both victims and witnesses.
“Mothers & Men Against Gangs Coalition supports this measure because our family and community has been afflicted with the realization of the reluctance of witnesses and victims to come forward to provide valuable testimony that would ultimately bring justice for the victims of gang crimes.” - Argument in Opposition: According to the American Civil Liberties Union of California,
“Public disclosure of government records is a core tenet of democracy. Without it, the public cannot exercise oversight and control of public officials. This oversight is particularly critical when it comes to law enforcement records, which contain information regarding the exercise of police powers. Indeed, long before the enactment of the CPRA, the Sixth Amendment of the U.S. Constitution required public trials of criminal prosecutions. Openness of public records in criminal proceedings is essential to ensuring that the public can scrutinize the fairness of the criminal justice system – the system whereby the government can take the liberty, or even the life, of an individual.
“By allowing any victim or witness in a gang-related case to request that their name not be released, AB 2013 could impede the efforts of a journalist, an academic, or a community organization to research how the statutes regarding gang-related crimes are enforced, or how gang crime affects the community, even when there is no indication that the release of the victim’s or witness’s name would pose any danger.
Where the release of a victim’s or witness’s name could endanger that person, existing law already provides that the information need not be released. (Government Code § 6254(f).) Nor are law enforcement agencies required to release victim or witness names when doing so could harm and investigation. (Id.)” - Prior Legislation:
- AB 2498 (Bonta), Chapter 644, Statutes of 2016, authorized, at the request of a victim, 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 CPRA until the investigation or any subsequent prosecution is complete.
- AB 2611 (Low), of the 2015-2016 Legislative Session, would have placed a blanket restriction on the disclosure of a video or audio recording that depicts the death of a peace officer in the line of duty, unless the peace officer's family consents to disclosure. AB 2611 was held in the Assembly Judiciary Committee after the bill returned to the Assembly for concurrence.
- AB 2843 (Chau), Chapter 830, Statutes of 2016, extended an existing provision of the CPRA that exempts from disclosure the home addresses and home phone numbers of state employees and employees of a school district or county office of education to include the employee’s personal cell phone number and personal email address.
- AB 2498 (Bonta), Chapter 644, Statutes of 2016, authorized, at the request of a victim, 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 CPRA until the investigation or any subsequent prosecution is complete.
REGISTERED SUPPORT / OPPOSITION:
Support
California Police Chiefs Association
California State Sheriffs’ Association
Crime Victims United of California
Los Angeles County Professional Peace Officers Association
Mothers & Men Against Gang Violence
Opposition
American Civil Liberties Union of California
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
Discussed in Hearing
12MIN
Assembly Standing Committee on Judiciary
13MIN
Assembly Standing Committee on Public Safety
Bill Co-Author(s):