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 18, 2013
	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   amend Section 1041  of
the Evidence Code, relating to privileged communications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1250, as amended, Perea. Privileged communications: 
crime stopper privilege.   official information:
identity of informer.  
   Existing law provides that a public entity has a privilege to
refuse to disclose the identity of a person who has furnished
information purporting to disclose a violation of a law of the United
States or of the State of California or of a public entity in the
state, and to prevent another from disclosing the identity of that
person, as specified. Under existing law, the privilege applies only
if the information is furnished in confidence to a law enforcement
officer, to a representative of an administrative agency charged with
the administration or enforcement of the law alleged to be violated,
or to a person for the purpose of transmitting the information to a
law enforcement officer or representative of an administrative
agency.  
   This bill would clarify that the term "person" includes a
volunteer or employee of a crime stopper organization, as defined.
 
   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 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, 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 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   majority  . Appropriation:
no. Fiscal committee:  yes   no  .
State-mandated local program: no.


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

   SECTION 1.    Section 1041 of the   Evidence
Code   is amended to read: 
   1041.  (a) Except as provided in this section, a public entity has
a privilege to refuse to disclose the identity of a person who has
furnished information as provided in subdivision (b) purporting to
disclose a violation of a law of the United States or of this state
or of a public entity in this state, and to prevent another from
disclosing  such   the person's  identity,
if the privilege is claimed by a person authorized by the public
entity to do so  and:   and either of the
following apply: 
   (1) Disclosure is forbidden by an act of the Congress of the
United States or a statute of this  state; or 
state. 
   (2) Disclosure of the identity of the informer is against the
public interest because  there is a   the 
necessity for preserving the confidentiality of his  or her 
identity  that  outweighs the necessity for
disclosure in the interest of  justice; but no  
justice. The  privilege  may   shall not
 be claimed under this paragraph if  any  
a  person authorized to do so has consented that the identity of
the informer be disclosed in the proceeding. In determining whether
disclosure of the identity of the informer is against the public
interest, the interest of the public entity as a party in the outcome
of the proceeding  may   shall  not be
considered.
   (b)  This   The privilege described in this
 section applies only if the information is furnished in
confidence by the informer  to:   to any of the
following: 
   (1) A law enforcement  officer;   officer.

   (2) A representative of an administrative agency charged with the
administration or enforcement of the law alleged to be 
violated; or   violated. 
   (3) Any person for the purpose of transmittal to a person listed
in paragraph (1) or (2).  As used in this paragraph, "person"
includes a volunteer or employee of a crime stopper organization.

   (c)  There is no   The   
privilege  under   described in  this
section  shall not be construed  to prevent the informer
from disclosing his  or her  identity. 
   (d) As used in this section, "crime stopper organization" means a
private, nonprofit organization that accepts and expends donations
used to reward persons who report to the organization information
concerning alleged criminal activity, and forwards the information to
the appropriate law enforcement agency.  
  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 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 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 any statement, information,
or identifying information submitted by a tipster to a crime stopper
organization for the purpose 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.
   (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.