AB 709: Criminal history information.

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.