The California Public Records Act: visual or audio recording of peace officer's death: conditional exemption from disclosure.
Summary
(1) The California Public Records Act requires a public agency, defined as any state or local agency, to make its public records available for inspection or to provide copies of its public records upon payment of specified fees, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. Among other exemptions, the act exempts from disclosure records of complaints to, or investigations conducted by, any state or local police agency. This bill would prohibit a public agency from disclosing a visual or audio recording of the death of a peace officer killed in the line of duty, unless the disclosure is authorized by the peace officer's immediate family, in which case, the bill would require the public agency to disclose the visual or audio recording. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (4) 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.
Bill status
passed both
4 of 5 stages cleared
Introduction
Feb 2016
Committee Review
Aug 2016
Assembly Passage
May 2016
Senate Passage
Aug 2016
Governor
Introduced Feb 19, 2016
Last action Aug 23, 2016
Floor votes · Senate Aug 15, 2016 · Assembly May 23, 2016
How they voted
23–6
Passed · 10 other
Total votes 39
Aug 15, 2016
D
Democratic26
46% Yea
R
Republican13
84% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
8
Committee
13
Amendments
3
Aug 23, 2016
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Aug 18, 2016
Committee
Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
lower
Aug 16, 2016
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.
lower
Aug 15, 2016
Senate · Passed
Senate Vote: pass (23-6-10)
senate
Aug 1, 2016
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
upper
Jun 29, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 28). Re-referred to Com. on APPR.
upper
Jun 22, 2016
Committee
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.
upper
Jun 22, 2016
Committee
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 6. Noes 1.) (June 21). Re-referred to Com. on PUB. S.
upper
Jun 13, 2016
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 2, 2016
Committee
Referred to Coms. on JUD. and PUB. S.
upper
May 23, 2016
Assembly · Passed
Assembly Vote: pass (74-0-4)
assembly
May 11, 2016
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 11).
lower
Apr 20, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 19). Re-referred to Com. on APPR.
lower
Apr 18, 2016
Committee
Re-referred to Com. on P. & C.P.
lower
Apr 14, 2016
Lower · Passed
Read second time and amended.
lower
Apr 13, 2016
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on P. & C.P. (Ayes 10. Noes 0.) (April 12).
lower
Mar 17, 2016
Committee
Referred to Coms. on JUD. and P. & C.P.
lower
Feb 21, 2016
Lower · Passed
From printer. May be heard in committee March 22.
lower
Feb 19, 2016
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Evan Low
DDemocratic
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