Jacqui Irwin
- Democratic
- Assemblymember
- District 42
Author
Existing law requires a court to seal the autopsy report and evidence associated with the examination of the victim, upon request of a qualifying family member, when a child was killed as a result of a criminal act and a person has been convicted and sentenced for the commission of that criminal act, or a person has been found to have committed that offense by the juvenile court and adjudged a ward of the juvenile court. Existing law defines "qualifying family member" for this purpose as a biological or adoptive parent, spouse, or legal guardian. This bill would require the court, upon the request of a qualifying family member, to seal the autopsy report and any evidence associated with the examination of a victim, of any age, who was killed as a result of a criminal act when the above conditions apply or when a prosecutorial agency has concluded all persons who could have been prosecuted for the criminal act have died. The bill would authorize the court to review in camera any official information in the possession of a public agency, including the autopsy report and evidence associated with the examination, that is necessary to evaluate the request. The bill would also include within the definition of "qualifying family member" the victim's next of kin, personal representative, child, grandparent, grandchild, sibling, or domestic partner. The bill would exclude from the definition of a "victim who was killed as a result of a criminal act" a person who was killed by the use of force against them by a peace officer or custodial officer. 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.
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.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 1. Page 1626.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 15. Noes 0.) (May 20).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 22). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 7. Noes 0.) (April 6). Re-referred to Com. on P. & C.P.
Coauthors revised.
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Referred to Coms. on PUB. S. and P. & C.P.
From printer. May be heard in committee February 15.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB268 | HTML |
| 01/15/21 - Introduced | |
| 02/25/21 - Amended Assembly | |
| 03/07/22 - Amended Senate |
| Document | Format |
|---|---|
| 04/05/21- Assembly Public Safety | |
| 04/17/21- Assembly Privacy and Consumer Protection | |
| 05/03/21- Assembly Appropriations | |
| 05/24/21- ASSEMBLY FLOOR ANALYSIS | |
| 06/27/21- Senate Public Safety |
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