SB 761

Bill Subjects

Abstract

Existing law sets forth various civil rights and provides a cause of action for a violation of those rights, as specified. Existing law authorizes the Attorney General to bring a civil action for injunctive and other appropriate relief in order to protect the rights, privileges, or immunities secured or protected by the Constitution or laws of the United States or by the Constitution or laws of California. This bill would provide that the Attorney General is authorized to conduct an investigation when the Attorney General deems it necessary to determine whether any person or entity has violated or is about to violate the civil rights laws of California or of the United States, or to aid in enforcing these laws. The bill would provide that the Attorney General is authorized to publish findings, data, or preliminary conclusions concerning the determination that a violation has occurred, as specified. Existing law authorizes the head of a state department, in connection with an investigation of unlawful activity, to promulgate interrogatories, inspect books and records, and issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, any other writing, and testimony. Existing law authorizes the department head to provide information and evidence related to the investigation to the Attorney General if they agree to maintain the confidentiality of the information. Existing law makes it a misdemeanor for information obtained during an investigation to be disclosed, except as prescribed. Existing law authorizes the head of a state department to petition the superior court in the appropriate county to enforce a subpoena under these provisions. This bill would provide that the Attorney General, in connection with a civil rights investigation, may interview witnesses, take evidence, promulgate interrogatories, and obtain physical access to, and copies of, written records from the subject of an investigation. The bill would provide that the Attorney General, their employees, and any agents or experts contracted with the Department of Justice, may review the information obtained during the course of the investigation. The bill would provide the subject of an investigation a specified process for asserting that a document, or information in a document, may be withheld on the basis of the attorney-client privilege or attorney work-product doctrine. This bill would authorize the Attorney General to apply for an order from the superior court to compel a witness to comply with a subpoena or produce documents or information that are being improperly withheld under the attorney-client privilege or attorney work-product doctrine, and would deem a witness' failure to comply with the court's order punishable as contempt. This bill would also require a court to award the Attorney General reasonable attorney's fees and costs if the court finds that the refusal to obey a properly issued subpoena or the withholding of documents or information by a subject of an investigation was frivolous or was based on a legal theory advanced in bad faith. By expanding the number or persons having access to protected records, and thereby expanding the scope of the crime of unauthorized disclosure, this bill would impose a state-mandated local program. Existing law limits the Attorney General's right to conduct an investigation of a nonprofit religious corporation. This bill would authorize the Attorney General to conduct an investigation of a nonprofit religious corporation and to obtain judicial relief necessary to address civil rights issues, including, but not limited to, the abuse and neglect of children. Existing law establishes procedures for the reporting and investigation of suspected child abuse or neglect. This bill would provide that, upon request from the Attorney General, any person or agency in possession of specified reports and records relating to suspected child abuse or neglect, shall provide them to the Attorney General within 45 days. Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the department for prescribed purposes. This bill would authorize the department to additionally inspect a juvenile case file during an investigation relating to a civil rights violation. Existing law generally requires the confidentiality of all information and records obtained in the course of providing intake, assessment, and services pursuant to specified provisions of existing law related to voluntary or involuntary recipients of services. Existing law authorizes disclosure only to specified persons as prescribed. This bill would also authorize the disclosure of information and records to the department to allow it to carry out an investigation relating to a civil rights violation. This bill would also make technical, nonsubstantive changes to these provisions. 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. 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.