Amended in Senate July 8, 2013

Amended in Assembly April 9, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1195

Introduced by Assembly Member Eggman

(Principal coauthor: Assembly Member Garcia)

(Coauthors: Assembly Members Alejo, Bonilla, Rendon, and Skinner)

(Coauthors: Senators De León and Lara)

February 22, 2013

An act tobegin delete amend Section 6254 ofend deletebegin insert add Section 6254.30 toend insert the Government Code, relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

AB 1195, as amended, Eggman. Public records: crime victims.

The California Public Records Act requires state and local agencies to make public records available for inspection, subject to certain exceptions. The act specifically requires state and local law enforcement agencies to disclose certain information regarding an incident to a victim, or the victim’s authorized representative, unless certain conditions exist.

This bill would prohibit a state or local law enforcement agency from requiring a victim of an incident, or the victim’s authorized representative, to show proof of the victim’s legal presence in this country to obtain the information required to be disclosed by that law enforcement agency, as specified. For identification purposes, the bill would require a state or local law enforcement agency, if it requires identification, to accept certain forms of identification for a victim of an incident, or the victim’s authorized representative, to obtain that information.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 6254.30 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert6254.30.end insert  

A state or local law enforcement agency shall not
4require a victim of an incident, or an authorized representative
5thereof, to show proof of the victim’s legal presence in the United
6States in order to obtain the information required to be disclosed
7by that law enforcement agency pursuant to subdivision (f) of
8Section 6254. However, if, for identification purposes, a state or
9local law enforcement agency requires identification in order for
10a victim of an incident, or an authorized representative thereof,
11to obtain that information, the agency shall, at a minimum, accept
12a current driver’s license or identification card issued by any state
13in the United States, a current passport issued by the United States
14or a foreign government with which the United States has a
15diplomatic relationship, or a current Matricula Consular card.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Assembly, April 9, 2013. (JR11)


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