SB 647: Clerk of the court. | Digital Democracy

Current Status:

Failed

(2024-02-01: Returned to Secretary of Senate pursuant to Joint Rule 56.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

Existing law authorizes a court to make rules for its own government and the government of its officers, as specified. Existing law requires the clerk of the court to perform various duties, including, safely keeping or disposing of all papers and records filed or deposited in an action or proceeding before the court.

This bill would make technical, nonsubstantive changes to that provision. require that the clerk of the superior court allow access to public information that identifies criminal defendants to a person who certifies specified conditions under penalty of perjury. The bill would also permit the clerk of the court to audit persons who have accessed public record information upon reasonable written notice given at least 10 business days in advance.

By requiring an individual seeking to access public record information identifying criminal defendants to certify certain conditions under penalty of perjury, this bill would expand the crime of perjury and 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.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 69846.3 is added to the Government Code, to read:69846.3.

(a)The clerk of the superior court shall allow access to public record information that identifies criminal defendants to a person who certifies under penalty of perjury both of the following:

(1)The person is reviewing or obtaining the information for the preparation of a consumer report by a consumer reporting agency regulated by the federal Fair Credit Report Act (15 U.S.C. Sec. 1681 et seq.).

(2)The person who is the subject of the report has consented to the preparation of the consumer report.

(b)A person receiving information pursuant to this section shall not be considered to have received local summary criminal history information as defined by subdivision (a) of Section 13300 of the Penal Code.

(c)The clerk of the superior court may audit persons who have accessed public record information pursuant to this section upon reasonable written notice given at least 10 business days in advance.

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.

SECTION 1.Section 69846 of the Government Code is amended to read:69846.The clerk of the superior court shall safely keep or dispose of, according to law, all papers and records filed or deposited in an action or proceeding before the court.

Date	Status
Feb 1, 2024	Returned to Secretary of Senate pursuant to Joint Rule 56.
Mar 29, 2023	Re-referred to Com. on PUB S.
Mar 20, 2023	From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Mar 1, 2023	Referred to Com. on RLS.
Feb 17, 2023	From printer. May be acted upon on or after March 19.
Feb 16, 2023	Introduced. Read first time. To Com. on RLS. for assignment. To print.

Authors shown for version:
Amended Senate (3/20/2023)