Bill Text: CA AB1250 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Privileged communications: official information: identity of informer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-24 - Chaptered by Secretary of State - Chapter 19, Statutes of 2013. [AB1250 Detail]

Download: California-2013-AB1250-Amended.html

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BILL NUMBER: AB 1250	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2013

INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 22, 2013

   An act to add Article 12 (commencing with Section 1064) to Chapter
4 of Division 8 of the Evidence Code, relating to privileged
communications.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1250, as amended, Perea. Privileged communications: crime
stopper privilege.
   Existing law provides several privileges against the compulsory
release of certain types of information.
   This bill would provide that a person shall not be required to
disclose identifying information, as defined, regarding a 
person   tipster  who submits statements of alleged
criminal activity to a crime stopper organization, as defined, or to
produce any records, documentary evidence, opinions, or decisions
relating to the identifying information in connection with any
criminal proceeding by way of any discovery procedure. The bill also
would authorize  a person arrested or charged with a criminal
offense to petition the court for an in camera review of a
privileged communication, and any records, documentary evidence,
opinions, or decisions relating to that communication  ,
 in a criminal proceeding, the defendant and the district
attorney to petition the court by noticed motion for an in camera
review of the record or report containing the privileged
communication   , as specified, to determine  on the
basis of certain facts alleged in the petition  , and
  if the record or report contains evidence that is
exculpatory to the defendant in the trial of that offense. The bill
 would authorize a court to order production and disclosure to
the petitioner's attorney as it deems appropriate, so long as
identifying information is not disclosed. The bill would prohibit
disclosure of the documents to certain individuals, except as
specified, and would, if the petitioner is acting as his or her own
attorney, require the court to order the production of documents to a
private investigator licensed by the Department of Consumer Affairs
and appointed by the court or to impose other reasonable
restrictions, as specified.
   Section 28 of Article I of the California Constitution provides
that relevant evidence shall not be excluded in any criminal
proceeding except as provided by statute enacted by a 2/3 vote of the
membership of each house of the Legislature.
   Because this bill would limit the admissibility of evidence in
criminal proceedings, it would require a 2/3 vote.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 12 (commencing with Section 1064) is added to
Chapter 4 of Division 8 of the Evidence Code, to read:

      Article 12.  Crime Stopper Privilege


   1064.  As used in this article, the following definitions apply:
   (a) "Crime  stoppers   stopper 
organization" means a private, nonprofit organization that accepts
and expends donations for rewards to persons who report to the
organization information concerning alleged criminal activity and
that forwards the information to the appropriate law enforcement
agency.
   (b) "Identifying information" means information that identifies a
person who submits a statement of alleged criminal activity to a
crime  stoppers   stopper  organization by
name, address, or telephone number, and includes other information
that would allow someone to easily ascertain the identity of the
person.
   (c) "Privileged communication" means  a   any
 statement  by a person, in any manner, to a crime
stopper organization for the purpose of reporting alleged criminal
activity   ,   information, or identifying
information submitted by a tipster to a crime stopper organization
for the pur   pose of reporting alleged criminal activity
 . 
   (d) "Tipster" means a person who provides a crime stopper
organization with a statement or information regarding alleged
criminal activity by any means including, but not limited to, by
writing, telephone, text, e-mail, or other electronic means. 
   1065.  (a) A person shall not be required to disclose identifying
information, by way of testimony or otherwise, or to produce, under
subpoena, any records, documentary evidence, opinions, or decisions
relating to the identifying information in connection with a criminal
proceeding by way of any discovery procedure. 
   (b) In a criminal proceeding, the defendant and the district
attorney may petition the court by noticed motion for review of the
record or report containing the privileged communication. The motion
shall be accompanied by a declaration under penalty of perjury that
the record or report contains evidence that is exculpatory to the
defendant in the trial of that offense. Upon the filing of the
motion, the court may subpoena the record or the report from the
crime stopper organization. The court shall conduct an in camera
hearing to determine if the record or report contains evidence that
is exculpatory to the defendant in the trial of that offense. A party
shall not obtain the privileged communication through a criminal or
civil subpoena duces tecum.  
   (b) A person arrested or charged with a criminal offense may
petition the court for an in camera review of a privileged
communication, and any records, documentary evidence, opinions, or
decisions relating to the privileged communication, as it relates to
that person. 
   (1) The court shall determine if any of the documents relating to
the privileged communication may be relevant to the issue of the
petitioner's guilt or punishment or to any motions to suppress that
may be brought by the petitioner.
   (2) If the court determines, pursuant to paragraph (1) that any of
the documents relating to the privileged communication may be
relevant, it may order their production and disclosure to the
petitioner's attorney as the court deems appropriate, so long as
identifying information is not disclosed.
   (A) If the court orders the production of documents relating to a
privileged communication, the petitioner's attorney shall not
disclose the documents to the petitioner, members of the petitioner's
family, or any other person unless specifically permitted to do so
by the court after a hearing and upon a showing of good cause.
   (B) Notwithstanding subparagraph (A), the petitioner's attorney
may disclose or permit to be disclosed documents relating to a
privileged communication to persons employed by the attorney or to
persons appointed by the court to assist in the preparation of the
petitioner's case if disclosure is required for that purpose. The
attorney shall inform all persons provided with the documents that
further dissemination of the documents is prohibited, except as
provided by this section.
   (C) If the petitioner is acting as his or her own attorney, the
court shall only order the production of documents relating to a
privileged communication to a private investigator licensed by the
Department of Consumer Affairs and appointed by the court or impose
other reasonable restrictions, absent a showing of good cause as
determined by the court.
   (c) Notwithstanding subdivisions (a) and (b), identifying
information and privileged communications may be released with the
permission of the person who submitted the statement to the crime
stoppers organization.