AB 709: Criminal history information.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State - Chapter 453, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill allows a prosecutor to give a public defender’s office, an alternate public defender, or a licensed defense attorney a list showing only a peace officer’s name (police or similar officers), the defendant’s name, and the case number when that officer may testify in other cases that could involve exculpatory (helpful) or impeachment (credibility-challenging) evidence. Any such list may be disclosed only with the recipient’s agreement and does not waive other legal confidentiality rules or replace formal evidence disclosure requirements.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor.
This bill would authorize a public prosecutor to provide a list containing only the names of the peace officer and defendant and the corresponding case number to a public defenders office, an alternative public defenders office, or a licensed attorney of record in a criminal case to facilitate and expedite notifying counsel representing other criminal defendants whose cases may involve testimony by that peace officer of exculpatory evidence or impeachment evidence involving that peace officer.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor.
This bill would authorize a public prosecutor to provide a list containing only the names of the peace officer and defendant and the corresponding case number to a public defenders office, an alternative public defenders office, or a licensed attorney of record in a criminal case to facilitate and expedite notifying counsel representing other criminal defendants whose cases may involve testimony by that peace officer of exculpatory evidence or impeachment evidence involving that peace officer.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor.
This bill would authorize a public prosecutor to provide local summary criminal history information and related criminal case information to a public defenders office, governmental agency, or licensed attorney for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence against a testifying peace officer to counsel representing other criminal defendants whose cases involve testimony by that officer. a list containing only the names of the peace officer and defendant and the corresponding case number to a public defenders office, an alternative public defenders office, or a licensed attorney of record in a criminal case to facilitate and expedite notifying counsel representing other criminal defendants whose cases may involve testimony by that peace officer of exculpatory evidence or impeachment evidence involving that peace officer.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor.
This bill would also require the agency to furnish this information in a juvenile delinquency proceeding, as specified, and in the hearings described above, if the information is requested in the course of representation. The bill would specify that the information is limited to a mandatory supervision hearing pursuant to a specified statute, and would delete the provision allowing for the information when authorized by statutory or decisional law.By imposing a higher level of service on a local agency as well as expanding the scope of a crime, this bill would impose a state-mandated local program.The
This bill would also authorize a public prosecutor to provide local summary criminal history information and related criminal case information to a public defenders office, governmental agency, or licensed attorney for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence against a testifying peace officer to counsel representing other criminal defendants whose cases involve testimony by that officer.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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 no reimbursement is required by this act for a specified reason.
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor.
This bill would also require the agency to furnish this information in a juvenile delinquency proceeding, as specified, and in the hearings described above, if the information is requested in the course of representation. The bill would specify that the information is limited to a mandatory supervision hearing pursuant to a specified statute, and would delete the provision allowing for the information when authorized by statutory or decisional law.
By imposing a higher level of service on a local agency as well as expanding the scope of a crime, this bill would impose a state-mandated local program.
The bill would also authorize a public prosecutor to provide local summary criminal history information and related criminal case information to a public defenders office or governmental agency when, as mandated by the United States Constitution or express statutory provisions, that information provides office, governmental agency, or licensed attorney for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence against a testifying peace officer, as specified. officer to counsel representing other criminal defendants whose cases involve testimony by that officer.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor.
This bill would also require the agency to furnish this information in a juvenile delinquency proceeding, as specified, and in the hearings described above, if the information is requested in the course of representation. The bill would specify that the information is limited to a mandatory supervision hearing pursuant to a specified statute, and would delete the provision allowing for the information when authorized by statutory or decisional law.
By imposing a higher level of service on a local agency as well as expanding the scope of a crime, this bill would impose a state-mandated local program.
The bill would also authorize a public prosecutor to provide local summary criminal history information and related criminal case information to a public defenders office or governmental agency when, as mandated by the United States Constitution or express statutory provisions, that information provides exculpatory evidence or impeachment evidence against a testifying peace officer, as specified.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor.
This bill would also require the agency to furnish this information in a juvenile delinquency proceeding, as specified, and in the hearings described above, if the information is requested in the course of representation. The bill would specify that the information is limited to a mandatory supervision hearing pursuant to a specified statute, and would delete the provision allowing for the information when authorized by statutory or decisional law.
By imposing a higher level of service on a local agency as well as expanding the scope of a crime, this bill would impose a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law generally establishes the fees a court reporter may charge for the transcription of court proceedings and the printed original and copies of the transcription. Existing law permits any court, party, or person who has purchased a transcript to reproduce a copy or portion thereof as an exhibit, as specified, without paying an additional fee. Existing law requires the prosecuting attorney to disclose to the defendant or their attorney certain materials and information, including statements of all defendants and any exculpatory evidence, as specified. This bill would permit a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript or relevant portion thereof to defense counsel or a defendant appearing in propia persona during informal discovery. The bill would allow defense counsel to reproduce a copy or portion of the transcript received pursuant to these provisions as an exhibit pursuant to a court order or rule, or for internal use, but would prohibit counsel from otherwise providing or selling a copy or copies to any other party or person.Existing law generally establishes the fees a court reporter may charge for the transcription of court proceedings and the printed original and copies of the transcription. Existing law permits any court, party, or person who has purchased a transcript to reproduce a copy or portion thereof as an exhibit, as specified, without paying an additional fee. Existing law requires the prosecuting attorney to disclose to the defendant or their attorney certain materials and information, including statements of all defendants and any exculpatory evidence, as specified.
This bill would permit a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript or relevant portion thereof to defense counsel or a defendant appearing in propia persona during informal discovery. The bill would allow defense counsel to reproduce a copy or portion of the transcript received pursuant to these provisions as an exhibit pursuant to a court order or rule, or for internal use, but would prohibit counsel from otherwise providing or selling a copy or copies to any other party or person.
(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a governmental agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
(o)A public prosecutor may provide a public defenders office, an alternate public defenders office, or a licensed attorney of record in a criminal case with a list containing only the names of the peace officer and defendant and the corresponding case number to facilitate and expedite notifying counsel representing criminal defendants whose cases may involve testimony by that peace officer of exculpatory or impeachment evidence involving that peace officer. Any disclosure made pursuant to this subdivision shall only be made upon agreement by the public defenders office, alternate public defenders office, or the licensed attorney of record in a criminal case. Any disclosure pursuant to this subdivision shall not constitute disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information, including, but not limited to, the disclosures required under Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a governmental agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
(o)A public prosecutor may provide a public defenders office, an alternate public defenders office, or a licensed attorney of record in a criminal case with a list containing only the names of the peace officer and defendant and the corresponding case number to facilitate and expedite notifying counsel representing criminal defendants whose cases may involve testimony by that peace officer of exculpatory or impeachment evidence involving that peace officer. Any disclosure made pursuant to this subdivision shall only be made upon agreement by the public defenders office, alternate public defenders office, or the licensed attorney of record in a criminal case. Any disclosure pursuant to this subdivision shall not constitute disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information, including, but not limited to, the disclosures required under Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a governmental agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
(o)A public prosecutor may provide local summary criminal history information and associated criminal case information to any public defenders office, governmental agency, or licensed attorney for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence against any testifying peace officer, by aiding in the identification of, and notification to, counsel representing other criminal defendants whose cases involve testimony by that officer. Notwithstanding any other law, any disclosure of evidence or information pursuant to this subdivision shall not constitute a disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information.(o)A public prosecutor may provide a public defenders office, an alternate public defenders office, or a licensed attorney of record in a criminal case with a list containing only the names of the peace officer and defendant and the corresponding case number to facilitate and expedite notifying counsel representing criminal defendants whose cases may involve testimony by that peace officer of exculpatory or impeachment evidence involving that peace officer. Any disclosure made pursuant to this subdivision shall only be made upon agreement by the public defenders office, alternate public defenders office, or the licensed attorney of record in a criminal case. Any disclosure pursuant to this subdivision shall not constitute disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information, including, but not limited to, the disclosures required under Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension hearing, if the information is requested in the course of representation.(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a governmental agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
(o)A public prosecutor may provide local summary criminal history information and associated criminal case information to any public defenders office, governmental agency, or licensed attorney for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence against any testifying peace officer, by aiding in the identification of, and notification to, counsel representing other criminal defendants whose cases involve testimony by that officer. Notwithstanding any other law, any disclosure of evidence or information pursuant to this subdivision shall not constitute a disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension hearing, if the information is requested in the course of representation.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a governmental agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
(o)A public prosecutor may, as mandated by the United States Constitution or any express statutory provision, may provide local summary criminal history information and associated criminal case information to any public defenders office or governmental agency for the purposes of disclosing office, governmental agency, or licensed attorney for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence against any testifying peace officer. officer, by aiding in the identification of, and notification to, counsel representing other criminal defendants whose cases involve testimony by that officer. Notwithstanding any other law, any disclosure of evidence or information pursuant to this subdivision shall not constitute a disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure. This subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension hearing, if the information is requested in the course of representation.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government governmental agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government governmental agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
(o)A public prosecutor may, as mandated by the United States Constitution or any express statutory provision, provide local summary criminal history information and associated criminal case information to any public defenders office or governmental agency for the purposes of disclosing exculpatory evidence or impeachment evidence against any testifying peace officer. Notwithstanding any other law, any disclosure of evidence or information pursuant to this subdivision shall not constitute a disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision, supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. hearing, if the information is requested in the course of representation.
(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing the officers duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing the officers official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on the persons own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on the persons own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.
(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee that it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that person knows to be false, the person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks that are authorized by law.
(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant.
(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SECTION 1.Section 69954 of the Government Code is amended to read:69954.(a)Transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except the reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(b)The fee for a second copy of a transcript on appeal in computer-readable format ordered by or on behalf of a requesting party within 120 days of the filing or delivery of the original transcript shall be compensated at one-third the rate set forth for a second copy of a transcript as provided in Section 69950. A reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(c)The fee for a computer-readable transcript shall be paid by the requesting court, party, or person, unless the computer-readable transcript is requested by a party in lieu of a paper transcript required to be delivered to that party by the rules of court. In that event, the fee shall be chargeable as statute or rule provides for the paper transcript.(d)Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.(e)(1)In recognition of a prosecutors statutory and constitutional obligation to disclose exculpatory and impeachment evidence to a defendant in a criminal case, a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness may provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.(2)Defense counsel or defendants appearing in propia persona receiving an unofficial transcript or portion thereof pursuant to paragraph (1) may reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.(a)Transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except the reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.
(b)The fee for a second copy of a transcript on appeal in computer-readable format ordered by or on behalf of a requesting party within 120 days of the filing or delivery of the original transcript shall be compensated at one-third the rate set forth for a second copy of a transcript as provided in Section 69950. A reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.
(c)The fee for a computer-readable transcript shall be paid by the requesting court, party, or person, unless the computer-readable transcript is requested by a party in lieu of a paper transcript required to be delivered to that party by the rules of court. In that event, the fee shall be chargeable as statute or rule provides for the paper transcript.
(d)Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
(e)(1)In recognition of a prosecutors statutory and constitutional obligation to disclose exculpatory and impeachment evidence to a defendant in a criminal case, a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness may provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.
(2)Defense counsel or defendants appearing in propia persona receiving an unofficial transcript or portion thereof pursuant to paragraph (1) may reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
|
Date
|
Status
|
|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State - Chapter 453, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3467.). |
| Sep 13, 2023 | From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (September 13). |
| Sep 12, 2023 | Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2. |
| Sep 12, 2023 | Joint Rule 62(a), file notice suspended. (Page 3322.) |
| Sep 12, 2023 | Assembly Rule 77 suspended. (Page 3228.) |
| Sep 11, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77. |
| Sep 11, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2585.). |
| Sep 7, 2023 | Read second time. Ordered to third reading. |
| Sep 6, 2023 | Read third time and amended. Ordered to second reading. |
| Aug 29, 2023 | Read second time. Ordered to third reading. |
| Aug 28, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 19, 2023 | In committee: Hearing postponed by committee. |
| Jul 6, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 15, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 14, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 13). |
| May 31, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S. |
| May 15, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S. |
| May 3, 2023 | Referred to Com. on PUB S. |
| Apr 20, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 20, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1273.) |
| Apr 13, 2023 | Read second time. Ordered to Consent Calendar. |
| Apr 12, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 8. Noes 0.) (April 11). |
| Mar 22, 2023 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Mar 16, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 23, 2023 | Referred to Com. on PUB. S. |
| Feb 14, 2023 | From printer. May be heard in committee March 16. |
| Feb 13, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 709 McKinnor Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 13, 2023 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Public Safety |
Passed |
|
| Sep 11, 2023 | Assembly 3rd Reading AB709 McKinnor et al. By Skinner | Senate Floor |
Passed |
|
| Jun 13, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Apr 20, 2023 | AB 709 McKinnor Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 11, 2023 | Do pass. To Consent Calendar. | 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Attorneys For Criminal Justice | * Support | Jun 13, 2023 |
| California Civil Liberties Advocacy | ** Support | |
| California District Attorneys Association | ** Support | |
| California Public Defenders Association | ** Support | |
| Californians for Safety & Justice | * Support | Jun 13, 2023 |
| Ella Baker Center For Human Rights | * Support | Jun 13, 2023 |
| Initiate Justice | * Support | Jun 13, 2023 |
| Los Angeles County District Attorney | * Support | Jun 13, 2023 |
| Los Angeles District Attorney's Office | * Support | Sep 13, 2023 |
| Peace Officers Research Association Of California | ** Against | |
| Prosecutors Alliance of California | * Support | Jun 13, 2023 |
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 709
Author:(McKinnor)
As Amended Ver:September 6, 2023
Majority vote
SUMMARY
Original Committee of Reference: PUB. S.
Allows prosecutors to disclose a list of the names of peace officers, defendants and their corresponding case numbers to any public defender's office, alternative public defender's office, or licensed attorney in a criminal case, for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence involving testifying peace officers.
Senate Amendments
Current Committee Recommendation: Concur.
- Delete the Assembly version of the bill and instead allow prosecutors to disclose the names of peace officers, defendants and their corresponding case numbers to public defender's office, alternative public defender's office, or licensed attorney in a criminal case, for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence involving testifying peace officers.
- Provide that any disclosure shall only be made upon agreement by the public defender's office, alternative public defender's office, or the licensed attorney of record in a criminal case.
- State that the disclosure shall not constitute disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure.
- Provide that these provisions shall not be construed to otherwise limit any legal mandate to disclose evidence or information.
COMMENTS
- The Prosecutor's Duty to Provide Brady Evidence to the Defense: In Brady v. Maryland (1963) 373 U.S. 83, the United States Supreme Court held that federal constitutional due process creates an obligation on the part of the prosecution to disclose all evidence within its possession that is favorable to the defendant and material on the issue of guilt or punishment. Brady evidence includes evidence that impeaches prosecution witnesses, including a law enforcement officer's testimony, even if it is not inherently exculpatory. (Giglio v. United States (1972) 405 U.S. 150, 153-155.) Further, the prosecution's disclosure obligation under Brady extends to evidence collected or known by other members of the prosecution team, including law enforcement, in connection with the investigation of the case. (In re Steele (2004) 32 Cal.4th 682, 696-697, citing Kyles v. Whitley (1995) 514 U.S. 419, 437.) In order to comply with Brady, "the individual prosecutor has a duty to learn of any favorable evidence known to the others acting on the government's behalf in the case, including the police." (Kyles, supra, 514 U.S. at p. 437; accord, In re Brown (1998) 17 Cal.4th 873, 879.)
- The prosecution's duty to disclose exists whether or not the defendant specifically requests the information. (United States v. Agurs (1976) 427 U.S. 97, 107.) Failure to disclose evidence favorable to the accused violates due process irrespective of the good or bad faith of the prosecution. (Brady, supra, 373 U.S. at p. 87.) Moreover, if the favorable material evidence is contained in the files of an agency connected to the investigation of the case, the prosecutor is in constructive possession of it, and has a duty to disclose it. (See People v. Lucas (2014) 60 Cal.4th 153, 274.)
California's criminal discovery statute, as codified in Penal Code sections 1054 et seq. contains additional discovery requirements. Section 1054.1 requires the prosecuting attorney to disclose to the defendant materials and information known to the prosecution, including among other things, any exculpatory evidence. (Penal Code (Pen. Code), Section 1054.1.) Additionally, Rule 3.8 (Special Responsibilities of a Prosecutor) of the California Rules of Professional Conduct requires that prosecutors timely disclose all evidence or information that tends to negate the guilt of the accused, mitigate the offense, or mitigate the sentence, except when relieved of this responsibility by a protective order of the court.
The purpose of this bill is to facilitate and expedite Brady disclosures by allowing a prosecutor to provide a list of information to criminal defense counsel about cases that could possibly involve exculpatory or impeachment evidence relating to testifying peace officers.
- Brady Lists - Disclosure of Evidence of Obtained from Confidential Peace Officer Personnel Records: The prosecutor's duty to disclose Brady evidence requires disclosure of evidence that will impeach a law enforcement officer's testimony. (Giglio v. United States (1972) 405 U.S. 150, 154-155.) This bill concerns the relationship between the prosecutor's constitutional duty to disclose exculpatory and impeachment evidence about testifying peace officers and the various existing statutory procedures by which prosecutors can disclose confidential information obtained from peace officer personnel records.
Peace officer personnel records include any file maintained under that individual's name by the officer's employing agency and containing records relating to among other things, "appraisal, or discipline" and "complaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties." (Penal Code Sections 832.8(d) and (e).) Penal Code Section 832.5 requires each department or agency that employs peace officers to establish a procedure to investigate complaints by members of the public against peace officers employed by these departments or agencies. Complaints and any reports or findings related to the complaints must be kept in the peace officers personnel file. (Penal Code Sections 832.5 (a) to (c).)
Except for a few limited exceptions[1], peace officer personnel records, and "information obtained from these records" are confidential and subject to discovery in a criminal or civil proceeding only pursuant to the procedures set forth in the Evidence Code. (Penal Code Section 832.7.) Accordingly, peace officers and their employing agency have the right to refuse to disclose any information concerning the officer or investigations of the officer in both criminal and civil proceedings. (Michael v. Gates (1995) 38 Cal.App.4th 737; Rosales v. City of Los Angeles (2000) 82 Cal.App.4th 419.)
These laws somewhat "restrict a prosecutor's ability to learn of and disclose certain information regarding law enforcement officers." (Association for Los Angeles Deputy Sheriffs v. Superior Court (2019) 8 Cal.5th 28, 36.) To address this issue, "some law enforcement agencies have created so-called Brady lists" (Ibid.) "These lists enumerate officers whom the agencies have identified as having potential exculpatory of impeachment information in their personnel files." (Ibid.) A Brady list is "any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office." (Government Code (Gov), Section 3305.5, subsection (e).)
The California Supreme Court has unequivocally held that the Brady list is "confidential to the extent that officers were included on the list because of information obtained from confidential records." (Association for Los Angeles Deputy Sheriffs v. Superior Court (2019) 8 Cal.5th 28, 43.) There is "no serious question" that law enforcement agencies review "the personnel records of peace officers when creating the Brady list." (Id., at 44-49.) The identities of officers on the Brady list constitute "information obtained from the personnel records of peace officers." (Ibid.) The Brady list is a "catalog of officers with a particular kind of discipline-related information in their personnel file." (Ibid.) "Someone can infer information about confidential records from the fact than an officer is on the Brady list." (Ibid.) As such, a law enforcement agency's disclosure that there may be Brady material in an officer's personnel records is, in effect, a disclosure that the officer has been found to have committed misconduct. (Ibid.)
The California Supreme Court has held that law enforcement agencies do not violate that confidentially by sharing with prosecutors the identity of officers on the Brady list. (Association for Los Angeles Deputy Sheriffs v. Superior Court (2019) 8 Cal.5th 28, 56.) However, the Court has specifically declined to answer the question of whether "it would violate confidentiality for a prosecutor to share a [Brady list] with the defense." (Ibid.)
This bill would allow a prosecutor to share confidential Brady lists, with the defense. Specifically, this bill would authorize a prosecutor's office to furnish a list containing names of the peace officers with potentially exculpatory or impeachment evidence obtained from personnel records (i.e., a Brady list) to the defense. Notably, this bill allows the information to be disseminated broadly, with entire public and alternative defender "offices" and "licensed attorneys of record," and contains no provisions that protect or limit further sharing or use of this information. This is a significant departure from existing law, which allows the prosecuting attorney to disclose directly to the defendant or their attorney any exculpatory evidence. (Penal Code Sections 832.7(g) and (h); 1054.1(e); People v. Superior Court (Johnson) (2015) 61 Cal.4th 696, 715 ["The prosecutor's obligation to provide Brady material extends to what the police know about the specific case."] (emphasis original).)
As a practical matter, this bill creates a new exception to the confidentially of peace officer personnel records, namely by allowing prosecutors to widely disseminate confidential information obtained from peace officer personnel records (i.e., the identity of peace officer with potential exculpatory or impeachment material in their personnel file), without regard to whether the information is material to a specific case. "Notifying an outside agency ... that a deputy has an administratively founded allegation of misconduct cannot be characterized as anything other than disclosing information obtained from the peace officer's personnel file." (Association for Los Angeles Deputy Sheriffs v. Superior Court (2019) 8 Cal.5th 28, 39.)
- Potential Effect on Pitchess Motions: "As a separate strand of law in [Pitchess v. Superior Court (Citation)] the court recognized that a criminal defendant may, in some circumstances, compel the discovery of evidence in the arresting law enforcement officers' personnel file that is relevant to the defendant's ability to defend against a criminal charge." (People v. Superior Court (Johnson) (2015) 61 Cal.4th 696, 710.) The Legislature codified the procedures in Pitchess v. Superior Court, known as "Pitchess motions." (Evid. Code, Sections 1043 & 1045.) Pitchess motions are a request for a court order, upon a showing of good cause, permitting a litigant to review information, in camera, past complaints of excessive force, violence, dishonesty, or the filing of false police reports contained in the officer's personnel file. (Rezek v. Superior Court (2012) 206 Cal.App.4th 633, 640.) "These procedures are based on the premise that evidence contained in a law enforcement officer's personnel file may be relevant to an accused's criminal defense and that to withhold such relevant evidence from the defendant would violate the accused due process right to a fair trial. Pitchess and the Evidence Code also recognize that the officer in question has a strong privacy interest in his or her personnel records, and that such records should not be disclosed unnecessarily." (Id., at p. 711.) In this matter, the Legislature has attempted to protect the defendants' right to a fair trial and the officer's interest in privacy to the fullest extent possible. (Ibid.) The statutory scheme carefully balances two directly conflicting interests: peace officers' claims to confidentiality and defendants' equally compelling interest to all information pertinent to their defense. (Alt v. Superior Court (1999) 74 Cal.App.4th 950.)
Under Brady, a prosecutor must disclose to the defense evidence that is favorable to the accused and "material" either to guilt or to punishment. (Brady, supra, 373 U.S. at p. 87.) For Brady purposes evidence is "material" if "there is a reasonable probability had the evidence been disclosed to the defense, the result of the proceeding would have been different. (Kyles v. Whitley (1995) 514 U.S. 419 433-34.) Evaluating the materiality requires consideration of the collective significance of the undisclosed evidence as well as the effect of the nondisclosure on defense investigations and trial strategies. (Ibid.)
Under Pitchess, a defendant seeking police personnel information need only show that the information sought is "material" "to the subject matter involved in the pending litigation." (Evidence Code, Section 1043, subsection. (b)(3).) The materiality standard is "relatively relaxed" and met if the evidence is admissible or may lead to admissible evidence. (Ibid; People v. Superior Court (Johnson) (2015) 61 Cal.4th 696, 711.)
Although both Brady and the statutory Pitchess procedures employ the terms "material" and "materiality" in describing what may be disclosed, these words are not used in the same way. (People v. Superior Court (Johnson) (2015) 61 Cal.4th 696, 711-12.) Brady's standards are narrower than Pitchess requirement. Thus, the type of information discoverable under Pitchess is broader than under Brady. (Ibid.) Any information that meets Brady materiality standards must be disclosed under Pitchess. (Ibid.) Consequently, "[d]isclosure of the fact that an officer is on a Brady list both signals that it may be appropriate to file a [Pitchess motion] and helps to establish good cause for that inspection." (Association for Los Angeles Deputy Sheriffs v. Superior Court (2019) 8 Cal.5th 28, 36.) Given that this bill would allow Brady lists to be disclosed broadly, without a prior assessment by the prosecutor about whether the disclosure of the officer's involvement is material in each case, this bill could increase Pitchess motions.
- Disclosure of Private Criminal History Information: This bill would arguably allow prosecutors to share private local summary criminal history information with a public defender's office, alternative public defender's office, or a licensed attorney of record in a criminal case.
Dissemination of local summary criminal history information in the hands of local criminal justice agencies is controlled by Penal Code sections 13200 through 13326. The purpose of these statutes is to avoid unwarranted public intrusion into matters personal and sensitive in nature, thereby protecting and promoting the right of privacy guaranteed in the California Constitution (California Constiution., art. I, Section 1; see Westbrook v. County of Los Angeles (1994) 27 Cal.App.4th 157, 164-166.) These statutes demonstrate that the Legislature intended nondisclosure of criminal record information to be the general rule. (Pen. Code, Section 13200; see also Housing Authority v. Van de Kamp (1990) 223 Cal.App.3d 109, 116 [interpreting similar restrictions on dissemination of criminal records pursuant to Penal Code section 11105].)
Penal Code section 13300 sets forth significant restrictions on access to local summary criminal history information, which is defined as "the master record of information compiled by any local criminal justice agency pertaining to the identification and criminal history of any person, such as "name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person." [2] (Penal Code Section 13300(a)(1).) Certain persons, agencies and entities are entitled to receive the information if it is "needed in the course of their duties" (Penal Code Section 13300(b)) and others may obtain the information only "upon a showing of a compelling need". (Penal Code Section 13300(c).)
Under existing law, a prosecutor may furnish local summary criminal history information when needed in the course of their duties to a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. (Penal Code Section 13300(b)(9).) There is no provision that allows for disclosure beyond the individual public defender or the defendant's attorney of record.
This bill would further allow prosecutors to furnish lists of defendant's names and their associated criminal case number with public and alternative defender's offices and licensed attorneys. This bill does not require that the information be shared only "when needed in the course of their duties" nor does this bill contain any requirement that the information be shared with only the defendant's attorney of record. Rather, the identity of the defendant and the fact that they are a defendant in a criminal case will be distributed more broadly. According to the sponsors of the bill, this authorization would allow prosecutors to make "quick, high-volume disclosures" of Brady information, and would relieve prosecutors of the burden of "determin[ing] who defense counsel is on each case and send[ing] out individual letters to defense counsel with the information."
Although existing law makes it a misdemeanor to knowingly furnish the record or information to a person who is not authorized by law to receive the record or information, there are some potential privacy concerns with expanding the authorized recipients of criminal histories. (Penal Code Section 13303.) For example, if entities are provided with periodic lists that include the identity of the defendant and their corresponding criminal case number, the entities could compile private databases of that information. This could be problematic, if, for example, a court ordered a record maintained by a criminal justice agency to be sealed or destroyed because a defendant had been found to be factually innocent of the charges. The information would still be available to public defender's offices, alternative defender's offices and licensed attorneys. The defendant would not know that these records exists and would be unable to determine who has access to them.
According to the Author
"The intent of this bill is to facilitate and expedite notifying counsel who represent criminal defendants whose cases may involve testimony by a peace officer of exculpatory or impeachment evidence. This can make a huge difference in a case where a defendant who was wrongly convicted spends years in jail versus months in jail contingent on how quickly these notifications can be made to defense counsel. It is also imperative that the prosecutor's office provide the defense's counsel with potential Brady information in order to uphold a fair and just trial."
Arguments in Support
Not applicable
Arguments in Opposition
Not applicable
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Jackson, Lackey, Ortega, Santiago, Zbur
ASSEMBLY FLOOR: 76-0-4
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner Horvath, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Gabriel, Gallagher, Garcia, Wicks
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero
ASM PUBLIC SAFETY: 7-0-1
YES: Jones-Sawyer, Alanis, Bonta, Lackey, Ortega, Santiago, Zbur
ABS, ABST OR NV: Bryan
UPDATED
VERSION: September 6, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0002427
Categories of personnel records that are not confidential and shall be made available to the public, include incidents involving the discharge of a firearm at a person by a peace officer, incidents involving the use of force by a peace officer that resulted in death or great bodily injury; and sustained findings of specified officer misconduct. (Penal Code Sections 832.7(b)(1)(A) and -(b)(1)(e).) However, records of complaints that are frivolous or unfounded are confidential. (Penal Code Section 832.7(b)(9).) ↑
To the extent that listing the defendant's name and corresponding case number would be considered a "master record of information" compiled by a local criminal justice agency, that information may be considered private information that may not be disseminated except as expressly provided by the Local Summary Criminal History statute. However, it should be noted that this information does not go beyond that which would routinely be found in a minute order, court file or the public index of criminal cases. ↑
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 709
Author:(McKinnor)
As Amended Ver:September 6, 2023
Majority vote
SUMMARY
Original Committee of Reference: PUB. S.
Allows prosecutors to disclose a list of the names of peace officers, defendants and their corresponding case numbers to any public defender's office, alternative public defender's office, or licensed attorney in a criminal case, for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence involving testifying peace officers.
Senate Amendments delete the Assembly version of this bill and instead:
- Allow prosecutors to disclose the names of peace officers, defendants and their corresponding case numbers to public defender's office, alternative public defender's office, or licensed attorney in a criminal case, for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence involving testifying peace officers.
- Provide that any disclosure shall only be made upon agreement by the public defender's office, alternative public defender's office, or the licensed attorney of record in a criminal case.
- State that the disclosure shall not constitute disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure.
- Provide that these provisions shall not be construed to otherwise limit any legal mandate to disclose evidence or information.
COMMENTS
As Passed by the Assembly: this bill allowed a prosecutor to provide an unofficial copy of a transcript that contains exculpatory or impeaching material involving a peace officer-witness to a defendant during informal discovery.
- Permitted a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.
- Provided that the defendant may reproduce a copy of the transcript, or portion thereof, as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell copies to any other party or person.
According to the Author
"It is imperative that local summary criminal history information is provided to public defenders so they will be able to examine the information in order to uphold a fair and just trial."
Arguments in Support
Not applicable
Arguments in Opposition
Not applicable
FISCAL COMMENTS
Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
VOTES:
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Jackson, Lackey, Ortega, Santiago, Zbur
ASSEMBLY FLOOR: 76-0-4
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner Horvath, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk- Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Gabriel, Gallagher, Garcia, Wicks
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero
UPDATED
VERSION: September 6, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0002049
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 709 |
THIRD READING
Bill No: AB 709
Author: McKinnor (D), et al.
Amended: 9/6/23 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/13/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/20/23 (Consent) - See last page for vote
SUBJECT: Criminal history information
SOURCE: Los Angeles District Attorney’s Office
DIGEST:
This bill authorizes a prosecutor to provide a defense attorney with local criminal history information related to a peace officer testifying in the case.
Senate Floor Amendments of 9/6/23 clarify that a public prosecutor may provide a public defender’s office, an alternate public defender’s office, or a licensed attorney of record in a criminal case with a list containing only the names of the peace officer and defendant and the corresponding case number to facilitate and expedite notifying counsel representing criminal defendants whose cases may involve testimony by that peace officer of exculpatory or impeachment evidence involving that peace officer. They also provide that any disclosure made pursuant to this subdivision shall only be made upon agreement by the public defender’s office, alternative public defender’s office or licensed attorney of record in a criminal case.
ANALYSIS:
Existing law:
- Provides, in Brady v. Maryland, 373 U.S. 83 (1963), the United States Supreme Court established that the prosecution must turn over all evidence that might exonerate the defendant (exculpatory evidence) to the defense.
- Requires the prosecuting attorney to disclose to the defendant or their attorney all of the specified materials and information, 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, including among other things, all relevant real evidence seized or obtained as a part of the investigation of the offenses charged; any exculpatory evidence; and relevant written or recorded statements of witnesses whom the prosecutor intends to call at the trial. (Evidence Code § 1054.1)
- Provides that a prosecutor who intentionally withholds relevant, exculpatory information is guilty of a felony punishable by imprisonment in a county jail for 16 months, or 2, or 3 years. (Penal Code § 141(c).)
- Requires local criminal justice agencies to record and store arrest and identification data as local summary criminal history information. (Penal Code § 13300)
- Provides when and to whom a local agency can furnish local criminal history information including: the courts of the state; peace officers; district attorneys; prosecuting attorneys; city attorneys, for specified purposes only; probation officers; parole officers; public defenders for specified purposes only; any agency, officer, or official of the state when necessary to implement a statute, regulation, or ordinance; a local entity in or der to assist in the employment certification or licensing; the subject of the criminal history information; any person expressly authorized in order to implement a statute; any managing or supervising correctional officer; local child support agency; and, county welfare agency; humane officer. (Penal Code § 13300(b))
This bill:
- Provides a public prosecutor may provide a public defender’s office, an alternate public defender’s office, or a licensed attorney of record in a criminal case with a list containing only the names of the peace officer and defendant and the corresponding case number to facilitate and expedite notifying counsel representing criminal defendants whose cases may involve testimony by that peace officer of exculpatory or impeachment evidence involving that peace officer.
- Provides that any disclosure made pursuant to this subdivision shall only be made upon agreement by the public defender’s office, alternative public defender’s office or licensed attorney of record in a criminal case.
- Provides that notwithstanding any other law, any disclosure of evidence or information pursuant to this subdivision shall not constitute a disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure.
- Provides that this subdivision shall not be construed to otherwise limit any legal mandate to disclose evidence or information.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 9/5/23)
Los Angeles District Attorney’s Office (source)
California Civil Liberties Advocacy
California District Attorneys Association
California Public Defenders Association
OPPOSITION: (Verified 9/5/23)
Peace Officers’ Research Association of California
ARGUMENTS IN SUPPORT: In support of this bill the California District Attorneys Association states:
The California District Attorneys Association (CDAA) is pleased to support your measure, AB 709 (McKinnor), which would allow prosecutors in possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript or relevant portion thereof to the defense during informal discovery. This bill facilitates the discovery process by helping to avoid disputes over the costs of providing such transcripts.
ARGUMENTS IN OPPOSITION: Peace Officers’ Research Association of California opposes this bill stating:
This bill would authorize a public prosecutor to provide local summary criminal history information and related criminal case information to a public defender’s office, governmental agency, or licensed attorney for the purposes of facilitating the disclosure of exculpatory evidence or impeachment evidence against a testifying peace officer to counsel representing other criminal defendants whose cases involve testimony by that officer.
Prosecutors are already bound by Brady, and Penal Code discovery to disclosure potentially exculpatory evidence, and these obligations are far broader than a rap sheet, but also more narrowly. Currently, the prosecutor discloses arrests and convictions of officers that are potential witnesses. The rap sheet contains irrelevant but highly confidential information beyond the arrest history. The general test for disclosure is whether the information is exculpatory.
ASSEMBLY FLOOR: 76-0, 4/20/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner Horvath, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Gabriel, Gallagher, Garcia, Wicks
Prepared by: Mary Kennedy / PUB. S. /
9/7/23 10:24:25
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 709 Hearing Date: June 13, 2023
Author: | McKinnor | ||
Version: | May 31, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Criminal history information
HISTORY
Source: Los Angeles District Attorney’s Office
Prior Legislation: Not applicable
Support: California District Attorneys Association; California Public Defenders Association
Opposition: None known
Assembly Floor Vote: Not applicable
PURPOSE
The purpose of this bill is to authorize a public prosecutor to provide criminal history information to a public defender’s office or governmental agency when that information provides exculpatory evidence or impeachment evidence against a testifying peace officer.
Existing law in, Brady v. Maryland, 373 U.S. 83 (1963),the United States Supreme Court established that the prosecution must turn over all evidence that might exonerate the defendant (exculpatory evidence) to the defense.
Existing law requires the prosecuting attorney to disclose to the defendant or their attorney all of the specified materials and information, 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, including among other things, all relevant real evidence seized or obtained as a part of the investigation of the offenses charged; any exculpatory evidence; and relevant written or recorded statements of witnesses whom the prosecutor intends to call at the trial. (Evidence Code § 1054.1)
Existing law provides that a prosecutor who intentionally withholds relevant, exculpatory information is guilty of a felony punishable by imprisonment in a county jail for 16 months, or 2, or 3 years. (Penal Code § 141(c).)
Existing law requires local criminal justice agencies to record and store arrest and identification data as local summary criminal history information. (Penal Code § 13300)
Existing law provides when and to whom a local agency can furnish local criminal history information including: the courts of the state; peace officers; district attorneys; prosecuting attorneys; city attorneys, for specified purposes only; probation officers; parole officers; public defenders for specified purposes only; any agency, officer, or official of the state when necessary to implement a statute, regulation, or ordinance; a local entity in or der to assist in the employment certification or licensing; the subject of the criminal history information; any person expressly authorized in order to implement a statute; any managing or supervising correctional officer; local child support agency; and, county welfare agency; humane officer. (Penal Code § 13300(b))
This bill expands when a public defender can have access to local criminal history information to include juvenile delinquency proceedings.
This bill also authorizes a public prosecutor to provide local summary criminal history information and related criminal case information to a public defender’s office or governmental agency for the purposes of disclosing exculpatory evidence or impeachment evidence against any testifying peace officer.
This bill provides that any disclosure of evidence or information shall not constitute a disclosure under any other law, nor shall any privilege or confidentiality be deemed waived by that disclosure.
COMMENTS
1. Need for This Bill
According to the author:
It is extremely crucial for Brady information to be provided to the defendant because it could make the difference between an innocent versus guilty verdict. It is imperative that the prosecutor’s office provide the defense’s counsel with potential Brady information in order to uphold a fair and just trial.
2. The Prosecutor’s Duty to Provide Exculpatory Evidence to the Defense
In Brady v. Maryland (1963) 373 U.S. 83, 87, the United States Supreme Court held that federal constitutional due process creates an obligation on the part of the prosecution to disclose all evidence within its possession that is favorable to the defendant and material on the issue of guilt or punishment. Brady evidence includes evidence that impeaches prosecution witnesses, even if it is not inherently exculpatory. (Giglio v. United States (1972) 405 U.S. 150, 153- 155.) Further, the prosecution’s disclosure obligation under Brady extends to evidence collected or known by other members of the prosecution team, including law enforcement, in connection with the investigation of the case. (In re Steele (2004) 32 Cal.4th 682, 696-697, citing Kyles v. Whitley (1995) 514 U.S. 419, 437.) In order to comply with Brady, “the individual prosecutor has a duty to learn of any favorable evidence known to the others acting on the government's behalf in the case, including the police.” (Kyles, supra, 514 U.S. at p. 437; accord, In re Brown (1998) 17 Cal.4th 873, 879.) Evidence is material under Brady if there is a reasonable probability that the result of the proceeding would have been different had the information been disclosed. (United States v. Bagley (1985) 473 U.S. 667, 682.) The prosecution’s duty to disclose exists whether or not the defendant specifically requests the information. (United States v. Agurs (1976) 427 U.S. 97, 107.) Failure to disclose evidence favorable to the accused violates due process irrespective of the good or bad faith of the prosecution. (Brady, supra, 373 U.S. at p. 87.) California’s Criminal Discovery Statute, as codified in Penal Code Section 1054 et seq. contains additional discovery requirements. Section 1054.1 requires the prosecuting attorney to disclose to the defendant materials and information known to the prosecution, including among other things, all relevant real evidence seized or obtained as a part of the investigation of the offenses charged; any exculpatory evidence; and relevant written or recorded statements of witnesses whom the prosecutor intends to call at the trial. (Evidence Code, § 1054.1.) Additionally, Rule 3.8 (Special Responsibilities of a Prosecutor) of the California Rules of Professional Conduct requires that prosecutors timely disclose all evidence or information that tends to negate the guilt of the accused, mitigate the offense, or mitigate the sentence, except when relieved of this responsibility by a protective order of the court. Moreover, if the favorable material evidence is contained in the files of an agency connected to the investigation of the case, the prosecutor is in constructive possession of it, and has a duty to disclose it. (See People v. Lucas (2014) 60 Cal.4th 153, 274
3. Disclosure of summary criminal history information
Existing law limits who can have access to local criminal history information. This bill makes it clear that a prosecutor can share with a public defender’s office or governmental agency summary criminal history information and associated criminal case information to any public defender’s office or governmental agency for the purposes of disclosing exculpatory evidence or impeachment evidence against any testifying peace officer.
4. Argument in Support
In support of this bill the sponsor states:
The California District Attorneys Association (CDAA) is pleased to support your measure, AB 709 (McKinnor), which would allow prosecutors in possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript or relevant portion thereof to the defense during informal discovery. This bill facilitates the discovery process by helping to avoid disputes over the costs of providing such transcripts.
-- END –
Date of Hearing: April 11, 2023
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
- Allows a prosecutor to provide an unofficial copy of a transcript that contains exculpatory or impeaching material involving a peace officer-witness to a defendant during informal discovery. Specifically, this bill:
- Permits a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.
- Provides that the defendant may reproduce a copy of the transcript, or portion thereof, as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell copies to any other party or person.
EXISTING LAW:
- Provides that any court, party, or person who has purchased a transcript prepared by a court reporter may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person. (Gov. Code, § 69954.)
- Requires the prosecuting attorney to disclose to the defendant or their attorney all of the specified materials and information, 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, including among other things, all relevant real evidence seized or obtained as a part of the investigation of the offenses charged; any exculpatory evidence; and relevant written or recorded statements of witnesses whom the prosecutor intends to call at the trial. (Evid. Code, § 1054.1.)
- Provides that a prosecutor who intentionally withholds relevant, exculpatory information is guilty of a felony punishable by imprisonment in a county jail for 16 months, or 2, or 3 years. (Pen. Code, § 141, subd. (c).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “AB 709 would allow for a narrowly-tailored exception to allow disclosure only when an individual prosecutor has a transcript containing Brady or potential Brady information. This makes it easier for DA’s to comply with their discovery obligations while allowing defense counsels to properly defend their client.”
- The Prosecutor’s Duty to Provide Exculpatory Evidence to the Defense: In Brady v. Maryland (1963) 373 U.S. 83, 87, the United States Supreme Court held that federal constitutional due process creates an obligation on the part of the prosecution to disclose all evidence within its possession that is favorable to the defendant and material on the issue of guilt or punishment. Brady evidence includes evidence that impeaches prosecution witnesses, even if it is not inherently exculpatory. (Giglio v. United States (1972) 405 U.S. 150, 153-155.) Further, the prosecution’s disclosure obligation under Brady extends to evidence collected or known by other members of the prosecution team, including law enforcement, in connection with the investigation of the case. (In re Steele (2004) 32 Cal.4th 682, 696-697, citing Kyles v. Whitley (1995) 514 U.S. 419, 437.) In order to comply with Brady, “the individual prosecutor has a duty to learn of any favorable evidence known to the others acting on the government's behalf in the case, including the police.” (Kyles, supra, 514 U.S. at p. 437; accord, In re Brown (1998) 17 Cal.4th 873, 879.)
Evidence is material under Brady if there is a reasonable probability that the result of the proceeding would have been different had the information been disclosed. (United States v. Bagley (1985) 473 U.S. 667, 682.) The prosecution’s duty to disclose exists whether or not the defendant specifically requests the information. (United States v. Agurs (1976) 427 U.S. 97, 107.) Failure to disclose evidence favorable to the accused violates due process irrespective of the good or bad faith of the prosecution. (Brady, supra, 373 U.S. at p. 87.)
California’s Criminal Discovery Statute, as codified in Penal Code Section 1054 et seq. contains additional discovery requirements. Section 1054.1 requires the prosecuting attorney to disclose to the defendant materials and information known to the prosecution, including among other things, all relevant real evidence seized or obtained as a part of the investigation of the offenses charged; any exculpatory evidence; and relevant written or recorded statements of witnesses whom the prosecutor intends to call at the trial. (Evid. Code, § 1054.1.)
Additionally, Rule 3.8 (Special Responsibilities of a Prosecutor) of the California Rules of Professional Conduct requires that prosecutors timely disclose all evidence or information that tends to negate the guilt of the accused, mitigate the offense, or mitigate the sentence, except when relieved of this responsibility by a protective order of the court.
Moreover, if the favorable material evidence is contained in the files of an agency connected to the investigation of the case, the prosecutor is in constructive possession of it, and has a duty to disclose it. (See People v. Lucas (2014) 60 Cal.4th 153, 274.)
Prosecutors often encounter Brady information after trial, post-conviction. The obligation to disclose Brady information continues after trial. (See Imbler v. Pachtman (1976) 424 U.S. 409, 427 n. 25 [stating that “at trial” a prosecutor’s duty to disclose evidence comes from the Due Process Clause, while “after a conviction the prosecutor also is bound by the ethics of his office to inform the appropriate authority of after-acquired or other information that casts doubt upon the correctness of the conviction.”].)
Prosecutors often encounter Brady information contained in court transcripts. Under Government Code section 69954, a prosecutor who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but cannot not otherwise provide or sell a copy or copies to any other party or person, including the defendant. There is no exception for transcripts that contain Brady material. Thus, under current law, a prosecutor who has a transcript which contains Brady information may use the transcript internally within the prosecutor’s office, but cannot actually disclose the transcript directly to defense counsel to satisfy their constitutional discovery obligations.
This bill would allow the prosecutor to provide an unofficial copy of the transcript, or a relevant portion thereof, to the defense, during informal discovery. This exception would only apply in limited circumstances in which a prosecutor has evidence of potentially exculpatory or impeaching material involving a peace-officer witness. This bill would further allow defense to reproduce a portion of the transcript as an exhibit, pursuant to a court order or rule, or to use the transcript for internal use, but does not allow the defense to otherwise provide or sell copies of the transcript to any other person.
- Argument in Support: According to the California District Attorneys Association (CDAA), “This bill facilitates the discovery process by helping to avoid disputes over the costs of providing such transcripts.”
- Related Legislation: SB 441 (Bradford), would require prosecutors to disclose to the defense, among other things, exculpatory evidence, before or at the preliminary hearing. SB 441 is pending in the Senate Public Safety Committee.
- Prior Legislation: AB 788 (Wagner), of the 2013-2014 Legislative Session, would have authorized, transcripts to be reproduced for internal use or in response to a request for discovery, without paying a further fee to the reporter, as specified. AB 788 was never heard in the Senate Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County District Attorney's Office (Co-Sponsor)
California Attorneys for Criminal Justice
California District Attorneys Association
Opposition
None.
Analysis Prepared by:
Discussed in Hearing
3MIN
Assembly Standing Committee on Public Safety
48SEC
Assembly Floor
42SEC
Senate Floor
6MIN
Senate Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):
