Dennis Hollingsworth
- Republican
Author
Existing law prohibits the making of a copy, reproduction, or facsimile of any kind of photographs, negatives, or print of the body, or any portion of the body, of a deceased person taken by or for the coroner at the scene of death or in the course of a postmortem exam or autopsy made by or caused to be made by the coroner, except for use in a criminal proceeding in this state that relates to the death of that person, or except as a court of this state permits, as specified. The California Public Records Act generally provides that public records, as defined, are open to public inspection and every person has a right to inspect any public record. The act sets forth specified exemptions from those provisions, including an exemption for specified investigatory or security files compiled by law enforcement entities. This bill would enact the Deceased Child Victims' Protection and Privacy Act. The bill would provide that, when a minor who is not within the jurisdiction of the juvenile court, as specified, is killed as a result of a criminal act and a person has been convicted of the crime and sentenced, or been found to have committed the act by a juvenile court and adjudged a ward of the juvenile court, upon the request of a qualifying family member of the deceased minor, the autopsy report and evidence associated with the examination of the victim in the possession of a public agency would be sealed and would not be disclosed, except as specified. The bill would also provide that a coroner or medical examiner shall not be liable for damages in a civil action for any act or omission taken in compliance with these provisions. These provisions would not be construed to limit the authority of the court to seal records or restrict the dissemination of an autopsy report or evidence associated with the examination of a victim, as specified. In addition, these provisions would establish an independent basis upon which an autopsy report or other evidence associated with the examination of a victim may be withheld from public disclosure; however, these provisions would not apply if the above-described exemption from the California Public Records Act applies. Provisions of law proposed by AB 1844 of the 2009–10 Regular Session, an urgency measure, would require every sex offender required to register, as specified, to participate in an approved sex offender management program while on parole or formal supervised probation. AB 1844 would require probation departments and the Department of Corrections and Rehabilitation to enter into contracts with certified sex offender management professionals to provide these programs. This bill, contingent on the prior approval of AB 1844, would eliminate this contracting requirement and make other related and conforming changes. Because the bill would impose additional duties on local officials, such as the county coroner, the district attorney, or the public defender, relating to preventing the disclosure of this information, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Chaptered by Secretary of State. Chapter 302, Statutes of 2010.
Approved by Governor.
Enrolled. To Governor at 3:30 p.m.
In Senate.
Read third time. Urgency clause adopted. Passed. (Ayes 71. Noes 1. Page 6848.) To Senate.
Read second time. Amended. To second reading.
Consent granted to take up without reference to file.
Senate concurs in Assembly amendments. (Ayes 33. Noes 1. Page 5035.) To enrollment.
Urgency clause adopted.
From committee: Do pass as amended. (Ayes 6. Noes 1.)
(Heard in committee on August 25.)
Joint Rule 62(a) file notice suspended. (Page 6608.)
Re-referred to Com. On JUD. pursuant to Assembly Rule 77.2.
Read third time. Amended. (Page 6370.) To third reading.
From inactive file to third reading file.
Notice of motion to remove from inactive file given by Assembly Member Evans.
Placed on inactive file on request of Assembly Member Torrico.
Read second time. To third reading.
From committee: Do pass. (Ayes 15. Noes 0.)
(Heard in committee on July 1.)
From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.
(Heard in committee on June 16.)
To Com. on PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 36. Noes 0. Page 930.) To Assembly.
To Special Consent Calendar.
Read second time. To third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
Set for hearing May 11.
Read second time. Amended. Re-referred to Com. on APPR.
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 587.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.
Set for hearing April 21.
Set, first hearing. Hearing canceled at the request of author.
Set for hearing March 31.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.
To Com. on PUB. S.
From print. May be acted upon on or after January 1.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB5 | HTML |
| 12/01/08 - Introduced | |
| 03/16/09 - Amended Senate | |
| 04/13/09 - Amended Senate | |
| 04/28/09 - Amended Senate | |
| 08/19/10 - Amended Assembly | |
| 08/30/10 - Amended Assembly | |
| 09/02/10 - Enrolled | |
| 09/27/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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