Protection of victims and murder witnesses: address confidentiality.

(1) Existing law authorizes victims of domestic violence, sexual assault, or stalking to complete an application in person at a community‑based victims' assistance program to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Any person who makes a false statement in an application is guilty of a misdemeanor. This bill would include witnesses who testified in a murder trial within these provisions. The bill would provide that a witness who testified in a murder trial or has been subpoenaed to testify in a murder trial would be charged a fee for enrolling in the program, and may be charged an annual fee, as specified, for participating in the program. The bill would prohibit the fee to enroll in the program and the annual fee to defray the costs of maintaining the program from exceeding the reasonable costs to the state. The bill would require the applicant to provide a letter from the prosecuting agency recommending the applicant be enrolled in the program on the ground that either the applicant was a witness in a murder trial and that the applicant's testimony was substantially related to the murder charge or the applicant has been subpoenaed to testify in a murder trial to provide testimony that is substantially related to the murder charge. The bill would provide that the decision of whether to provide the letter shall be within the sole discretion of the prosecuting agency, in consultation with the investigating officer or agency. The bill would also provide that these provisions do not apply to posting of Department of Justice information on the Internet. By including a new category of eligible persons, this bill would impose new duties on local public officials and expand the scope of an existing crime, thereby creating a state‑mandated local program. (2) 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.