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California Public Records Act

In general, public records are documents that an individual may seek to obtain from California government agencies and courts. It should be noted that public records as defined by California law are distinct from federal agency records which may be available under the Freedom of Information Act (FOIA).

What constitutes a public record? Government Code 6252 describes what a public record is. In summary, a public record is a document comprised of information related to the “public's business” which is made, appropriated or kept by a government agency. The format of a particular document does not have any effect on its categorization as a public record under Govt C 6252. The Govt C 6252 conception of a public record is supplemented by California case law which extends its meaning to cover any record kept by an officer because it is needed or useful to the exercise of an official duty as described in California State University, Fresno Association v. Superior Court (2001) 90 CA4th 810, 108 CR2d 870. The only exception provided by California State University, Fresno Association is for information that is completely personal in nature and does not relate to the “public's business.”

The language “public records” exists in several California statutes. However, whenever The California Public Records Act refers to this term, it is referencing the Govt Code 6252 version.

About the California Public Records Act (CPRA) The bulk of the California Public Records Act (or CPRA) can be located in Government Code sections 6250-6270. Govt C 6253(a) requires that public records be accessible to the public at large for inspection purposes. The CPRA does not mandate any particular process for obtaining public records. Essentially, government agencies are responsible for setting up their own record request process in compliance with Govt C 6253.4. This government code does list certain agencies which must make written explanations of the chosen CPRA procedure available to the public. Govt C 6253.4 also states that these written guidelines must be offered for free. Agencies not listed in Govt C 6253.4 sometimes opt to have written guidelines for CPRA even when they are not required to.

California Government Code 6253.1 requires an agency make a valid attempt to retrieve requested information even where the request is nebulous. California Government Code 6250 explains that even though an agency may request additional information from the petitioner to assist in locating the information sought, it may not attempt to determine the basis for the request. Agencies are also prohibited from preventing access to information because of the reason behind the request. However, some types of information are specifically excepted from CPRA requests as stated in California Government Code sections 6275-6276.48.

California Public Records Made Available by Law DMV Records

The statute governing the availability of DMV records is California Vehicle Code 1808(e). This vehicle code states that “all records of the department relating to the registration of vehicles, other information contained on an application for a driver's license, abstracts of convictions, and abstracts of accident reports…shall be open to public inspection during office hours.” Veh C 1808(e) restricts disclosure of some information as required by law.

When disclosing registration or license information, the DMV is constrained by the Driver's Privacy Protection Act per Vehicle Codes 1808.21-1808.23.

Personal Residential Information

California Vehicle Code 1808.21 prohibits access to personal residence details unless sought by law enforcement, the court, or another government agency pursuant to Vehicle Code Sections 1808.22 or 1808.23. DMV is authorized to limit access to information depending on the reason for the request per Veh C 1808.21(b). Section (d) allows a driver whose information is recorded by DMV to request that no information is released be released to anyone (aside from the exceptions in section (a)) upon a showing that the person is being stalked or in danger of bodily injury or death. The personal request for suppression of records is valid for a one year period, however it can be extended for up to two additional periods.

Traffic Accident Reports

Accident reports are generally confidential except that law enforcement may provide copies or information contained therein to “the driver or drivers involved, or the guardian or conservator thereof, the parent of a minor driver, the authorized representative of a driver, or to any named person injured therein, the owners of vehicles or property damaged thereby, persons who may incur civil liability, including liability based upon a breach of warranty arising out of the accident, and any attorney who declares under penalty of perjury that he or she represents any of the above persons.” California Vehicle Code 20012. Agencies are allowed to charge reasonable fees for providing copies of accident reports and supplemental reports.

Case law (under Vallejos v. California Highway Patrol (1979) 89 CA3d 781, 152 CR 846) also dictates that the information contained in accident reports may qualify as privileged official records per California Evidence Code 1040. However, the above mentioned Veh C 20012 allows attorneys representing an interested party to obtain copies of the report from the law enforcement agency. There is also the possibility that an otherwise confidential traffic report may be obtained by the defendant via the criminal case discovery process per State ex rel Dep't of Transp. v. Superior Court (1985) 37 C3d 847, 210 CR 219.

Drivers License Abstracts

Abstracts showing convictions are found as part of court records, or can be independently requested from the DMV. Any information in relation to an DUI charge is available to the public for a 10 year period from the conviction date. The availability of other types of convictions listed on an abstract depends on the point count related to the violation. For two point violations, there is a seven year (from date of conviction) window for disclosure to the public. For an accident or any other type of violation (such as a one point speeding ticket), the DMV will release information during the three years following the conviction date under California Vehicle Code 1808(b).

Mental and Physical Status of License Applicants

California Vehicle Code 1808.5 restricts access to information about the mental and physical characteristics of license applicants. The code section makes such information strictly confidential. Other information not accessible under this section includes “and convictions of any offense involving the use or possession of controlled substances under Division 10…of the Health and Safety Code not arising from circumstances involving a motor vehicle.”

Law Enforcement Records

Some records created and maintained by law enforcement agencies are considered public records. The applicable code section governing access to law enforcement records is California Government Code 6254(f). This section requires law enforcement agencies to disclose certain information as long as the release would not endanger someone involved in the investigation, or would jeopardize the status of the investigation. Personal information available through Gov C 6254(f) includes the full name of arrestees, his/her physical description, date and time of arrest and booking, location of the arrest, bail amount, how release was effectuated or where he/she is held in detention, the applicable criminal charges, and any out of county warrants or holds.

Crime information is also disclosable by law enforcement pursuant to Govt C 6254(f)(2). Requests can be made for information related to the date, time and location of the incident, date and time the crime report was made, name and age of the victim, the factual background of the event, and the existence of property damage, injuries, and  use of weapons.

Victim and Witness Confidentialty Rights

A victim (of sexual assault or domestic violence) or their guardian may use authority under California Government Code 6254(f)(2) to withhold disclosure of his/her name. Addtionally, under California Penal Code 841.5, law enforcement agencies are charged with the duty to refrain from disclosing the names of victims or witnesses. California Government Code sections 6205-6210 and 6215-6216 provide additional safeguards since they allow a victim of stalking, sexual assault or domestic violence to make their name and address information confidential through the Secretary of State.

Despite the above listed code sections, the defendant may still have the ability to obtain certain information about the victim/witness through the criminal case discovery process per California Penal Code 841.5(b). Furthermore, a witness or victim's identity may still be disclosed if they are required to testify at a hearing because a confidentiality request under CPRA does not make someone a confidential witness who would be relieved from giving testimony. In re Miller (2006) 145 CA4th 1228, 52 CR3d 256.

Availability of Criminal Case Information to Third Parties

The residential address of both victims and suspects is made available to the public for if the requestor declares under oath the purpose is “scholarly, journalistic, political, or governmental” in nature. Address information is also disclosable  to private investigators for investigative purposes. Penal Code 841.5(a). However, there are some crimes which are specifically excluded from disclosure requirements by California Government Code 6254(f)(3). These excluded crimes are stated as “any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of the November 7, 2006, statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain confidential.”

When a third party receives information pursuant to California Government Code 6254(f)(3), they are prohibited from disseminating the information for sales purposes. Each request under this section will require the seeker to fill out a declaration acknowledging the restriction on use.

Duration of Disclosure Exemption for Law Enforcement Records

Information which is excepted from disclosure continues to maintain its confidentiality even after the close of the investigation.  State Office of Inspector General v. Superior Court (2010) 189 CA4th 695, 117 CR3d 388. In this case, the court cited the continued need to protect witness and victim identifications as the basis for maintaining exempt status under CPRA.

Scope of California Government Code 6254(f)

Investigation and intelligence information is generally confidential under Gov C 6254(f). The case ACLU v. Dekukmajian (1982) 32 C3d 440, 186 CR 235, stands for the proposition that the government cannot avoid its disclosure obligation merely by labeling otherwise disclosable information as “investigatory” or “intelligence” related. This scenario was rehashed in Uribe v. Howie (1971) 19 CA3d 194, 96 CR 493. where the court found that information designated as investigatory did not qualify as such because it was not actually being used for licensing investigations or law enforcement purposes. Local governments (such as municipal governments) are prohibited form asserting a “state secrets” justification for not disclosing information as required by Government Code 6254(f). Rubin v. City of Los Angeles (1987) 190 CA3d 560, 235 CR 516.

CPRA and Law Enforcement Personnel Records

California Penal Code 832.7 makes the personnel records of  law enforcement officers' (and other police department employees) exempt from CPRA disclosure requirements. Such records are still not available to the public even if they have been disclosed to a civil service commission for hearing purposes. The Copley Press, Inc, v. Superior Court (2006) 39 C4th 1272, 48 CR3d 183. Records held by POST (Commission on Police Officer Standards and Training) are not made inaccessible under California Penal Codes 832.7 and 832.8. Thus, information can be made available concerning the names, assigned departments, and hiring and firing dates if the information will not pose a risk to officer safety. Commission on Police Officer Standards and Training v. Superior Court (2007) 42 C4th 278, 64 CR3d 661.

Criminal Rap Sheets

Access to criminal records (called rap sheets or Criminal Offender Record Information- CORI) is largely regulated by state law. CPRA doesn't play a role in granting access to criminal records as the disclosure of such information is prohibited by California Government Code 6276.12.

Law Enforcement Reporting Requirements Information obtained and held by law enforcement agencies pertaining to arrested individuals is required to be disclosed to the California Department of Justice under California Penal Codes 13100-13326. Specifically, under California Penal Codes 13102-13328, law enforcement agencies must provide personal information about arrestees. This report must include info such as:

Full name, aliases, monikers

Race, sex, place and date of birth

Height, weight, hair and eye color

CII, FBI, Social Security, Drivers license numbers

Fingerprint classification numbers and NCIC/Henry fingerprint codes

Date and location of arrest and name of arresting agency, booking number, offenses charged

Police disposition of case – relesed, cited and released, turned over to, complaint filed.

Preliminary hearing or  infraction/misdemeanor cases : All applicable court info including hearing dates, offenses charged,  proceedings suspended and reason, plea or judgment and sentencing information.

Applicable Superior Court data: county, date of complaint, type of proceeding, disposition of original offenses and dates, type of trial and outcome, suspensions of proceedings and reason, reopening of cases.

Corrections information: adult probation, county and court info, offenses, probation info, removal info, jail and bail info, O/R release info, commiting agency, Department of Corrections number.

All such information provided by law enforcement and the courts is compiled by DOJ and is maintained as the master record as required by California Penal Code 11105(a)(1).

Other Law Enforcement Databases

California also maintains a similar database commonly used for law enforcment purposes called the California Law Enforcement Telecommunications System (CLETS). California Government Codes 15150-15167 governs the creation and maintenance of the CLETS system.

California Penal Codes 13101, 13102, and 13300 allow local law enforcement agencies to maintain their own criminal history databases for use in record keeping and investgations.

Similarly, the federal government has a criminal record database which is maintained by the FBI pursuant to 28 USC 534.

Persons granted access to rap sheets

Since a rap sheet is considered confidential in nature, it is not accessible to the general publilc although it is technically a public record. California Penal Code 11105(b)(4) regulates to whom a rap sheet may be disclosed. This code section specifically states that criminal record information can be furnished to:

courts

law enfrocement officers

district attorneys

city prosecutors

city attorneys working on gang injunctions or drug abatement

probation and parole officers

public defenders or defense attorneys under some circumstances

any state official, agency or officer requiring the information for the implementation of a statute related to the criminal conduct of a person or persons

any city, county or state agency requesting such info for employment background investigation purposes or licensing

any city, county or state agency seeking to implement a regulation or statute related to the criminal conduct of a person

health officers conducting official duties under Health and Safety Code 120175

Local child support and child welfare agencies

officers or court investigators conducting conservatorship  or guardianship investigations

humane officers conducting duties pursuant to California Corporations Code 14502

Any “ agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties” upon a showing of “compelling need.”

How Defense Counsel May Obtain a Rap Sheet For Defendants A criminal defense attorney is authorized under California Penal Code 11105(b)(9) to request a rap sheet directly from the Department of Justice (DOJ) via a specific request form. In some cases, defense counsel can also receive a copy of a defendant's criminal record from the prosecutor's office through a discovery request as allowed under People v. Little (1997) 59 CA4th 426, 68 CR2d 907.

For Witnesses and Victims in a case

The California Statutes controlling the criminal discovery process (California Penal Code 1054-1054.10) along with applicable case law allows defense attorneys to obtain the criminal record history of victims and witnesses. Pertinent case law has created legal precedent requiring that any information favorable to the defendant's case must be disclosed to the defense by the prosecution. U.S. v. Agurs (1976) 427 US 97, 49 L Ed 2d 342.

The U.S. Supreme Court case, Agurs, concerned a situation where the defense argued on appeal that the prosecutor's failure to provide the rap sheet of the victim (showing charges of assault and carrying a deadly weapon) required a reversal of the trial court conviction. The Supreme Court held that the lack of disclosure on the prosecutor's part did not constitute a due process violation because the victim's criminal record was not material (in that it wouldn't have changed the case outcome) and the defense did not request the victim's rap sheet at the initiation of the case. Additionally, the Court found that enough evidence was presented during the trial to allow the jury make a throrough determination of guilt.

Another related case is Brady v. Maryland (1963) 373 US 83, 10 L Ed 2d 215. This case held that a violation of due process will occur where the prosecution withholds exculpatory evidence from the defense if such evidence is material to the issues of guilt and/or sentencing. To be considered material, the evidence must be outcome determinative. Thus, the court will examine the withheld evidence to determine if the case would have been decided differently had the evidence been disclosed to provide use in the defense.

Additionally, California Penal Code 1054.1(d) gives defense counsel the right to be notified of the felony record of any material witness in the case.

Disclosure under Megan's Law California Penal Code 290.46 allows for a unique manner of criminal record disclosure for registered sex offenders. Under Megan's Law, information about individuals who fall under the California Penal Code 290 registration requirements will be made accessible to the public through the website. Information shown on the website includes… the offenses convicted of, year of conviction, year released from custody, subsequent felony arrests, and upcoming releases from custody.

Requests for Documents Held by Coroner

Some records maintained by the county coroner are public records. Autopsy reports held by a coroner are available to the public pursuant to California Government Code 27463. Similarly, Govt C 27463 and 27463.5 grant public access to the coroner's register which provides identifying information about the deceased along with the determined cause of death and names of witnesses and persons notified of the death.

Coroner documents will be non-disclosable if they include any information which is statutorily confidential. Such information will remain confidential unless it is produced during a coroner's inquest. Information made statutorily exempt from disclosure to the public includes privileged information related to the psychotherapist-patient relationship under California Evidence Codes 1010-1027, the confidential communications of the deceased person contained in medical or psychiatric records pursuant to Evidence Code 990-1097.

California Government Code 27498(b) states that when the coroner is investigating a death caused by a law enforcement officer, the documents (from the law enforcement agency) obtained through a coroner's subpoena do not become part of the coroner's file which is accessible by the public. The only exception to the Gov C 27498(b) disclosure exemption is where the law enforcement agency consents to the disclosure.

Access to Miscellaneous Public Records Grand Jury Transcripts California Penal Code 938.1(b) makes grand jury proceeding transcripts available to the public 10 days after they are provided to the defendant. The disclosure of grand jury transcripts can be limited by the court upon the defendant's showing that there is a “reasonable likelihood” it will affect the right to a fair trial. Alvarez v. Superior Court (2007) 154 Ca4TH 642, 64 cr3D 854. Under People v. Jackson (2005) 128 CA4th 1009, 27 CR3d 596, the court may seal grand jury transcripts to preserve privacy interests, pending police investigations,and the defendant's right to a fair trial.

Student Records California Education Code Secs 49073-49079.7 deems the records of school students as public records. Therefore, information can be sought regarding a school student via  a valid subpoena or court order. California Education Code 49077 further advises that a school receiving such a subpoena is required to make a reasonable effort to notify the student and his/her parents before complying with the subpoena. This section also requires pupil and parental notification where a court order is issued.

Prisoner Records Disclosure of prisoner info to the public is regulated by Title 15 of the California Code of Regulations sections 3260-3267. These code sections mainly regulate media access to prisoners and prison facilities. However, both the California state prison system and many counties have internet websites which allow a visitor to search for inmate locations and information.

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California Government Code 6276.12

“Criminal offender record information, access to, Sections 11076 and 13202, Penal Code”

California Government Code 6254(f)(3)

Subject to the restrictions of Section 841.5 of the Penal Code and this subdivision, the current address of every individual arrested by the agency and the current address of the victim of a crime, where the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code. However, the address of the victim of any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of the November 7, 2006, statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain confidential. Address information obtained pursuant to this paragraph may not be used directly or indirectly, or furnished to another, to sell a product or service to any individual or group of individuals, and the requester shall execute a declaration to that effect under penalty of perjury. Nothing in this paragraph shall be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph.

V C Section 1808.21 Confidential and Suppressed Records 1808.21.  (a) Any residence address in any record of the department is confidential and shall not be disclosed to any person, except a court, law enforcement agency, or other government agency, or as authorized in Section 1808.22 or 1808.23.

(b) Release of any mailing address or part thereof in any record of the department may be restricted to a release for purposes related to the reasons for which the information was collected, including, but not limited to, the assessment of driver risk, or ownership of vehicles or vessels. This restriction does not apply to a release to a court, a law enforcement agency, or other governmental agency, or a person who has been issued a requester code pursuant to Section 1810.2.

(c) Any person providing the department with a mailing address shall declare, under penalty of perjury, that the mailing address is a valid, existing, and accurate mailing address and shall consent to receive service of process pursuant to subdivision (b) of Section 415.20, subdivision (a) of Section 415.30, and Section 416.90 of the Code of Civil Procedure at the mailing address.

(d) (1) Any registration or driver's license record of a person may be suppressed from any other person, except those persons specified in subdivision (a), if the person requesting the suppression submits either of the following:

(A) A certificate or identification card issued to the person as a program participant by the Secretary of State pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.

(B) Verification acceptable to the department that he or she has reasonable cause to believe either of the following:

(i) That he or she is the subject of stalking, as specified in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.

(ii) That there exists a threat of death or great bodily injury to his or her person, as defined in Section 12022.7 of the Penal Code.

(2) Upon suppression of a record, each request for information about that record shall be authorized by the subject of the record or verified as legitimate by other investigative means by the department before the information is released.

(e) (1) The suppression of a record pursuant to a verification under subparagraph (B) of paragraph (1) of subdivision (d) shall occur for one year after approval by the department. Not less than 60 days prior to the date the suppression of the record would otherwise expire, the department shall notify the subject of the record of its impending expiration. The suppression may be continued for two additional periods of one year each if a letter is submitted to the department stating that the person continues to have a reasonable cause to believe that he or she is the subject of stalking or that there exists a threat of death or great bodily injury as described in subparagraph (B) of paragraph (1) of subdivision (d). The suppression may be additionally continued at the end of the second one-year period by submitting verification acceptable to the department. The notification described in this subdivision shall instruct the person of the method to reapply for record suppression.

(2) The suppression of a record made in accordance with the submission of a certificate or identification card under subparagraph (A) of paragraph (1) of subdivision (d) shall occur for four years following the submission of the certificate or identification card described in this paragraph. The suppression may be continued for an additional four-year period, and for subsequent four-year periods, upon the submission of a current certificate or identification card described in this paragraph.

(f) For the purposes of subdivisions (d) and (e), “verification acceptable to the department” means recent police reports, court documentation, or other documentation from a law enforcement agency.

V C Section 1808.5 Confidential Records Physical Mental Condition Controlled Substance Offenses Except as provided in Section 22511.58, all records of the department relating to the physical or mental condition of any person, and convictions of any offense involving the use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code not arising from circumstances involving a motor vehicle, are confidential and not open to public inspection.

V C Section 1808 Records Open to Public Inspection/ Records Open to Public Inspection

1808.   (a) Except where a specific provision of law prohibits the disclosure of records or information or provides for confidentiality, all records of the department relating to the registration of vehicles, other information contained on an application for a driver's license, abstracts of convictions, and abstracts of accident reports required to be sent to the department in Sacramento, except for abstracts of accidents where, in the opinion of a reporting officer, another individual was at fault, shall be open to public inspection during office hours. All abstracts of accident reports shall be available to law enforcement agencies and courts of competent jurisdiction.

(b) The department shall make available or disclose abstracts of convictions and abstracts of accident reports required to be sent to the department in Sacramento, as described in subdivision (a), if the date of the occurrence is not later than the following:

(1) Ten years for a violation pursuant to Section 23140, 23152, or 23153.

(2) Seven years for a violation designated as two points pursuant to Section 12810, except as provided in paragraph (1) of this subdivision.

(3) Three years for accidents and all other violations.

(c) The department shall make available or disclose suspensions and revocations of the driving privilege while the suspension or revocation is in effect and for three years following termination of the action or reinstatement of the privilege, except that driver's license suspension actions taken pursuant to Sections 13202.6 and 13202.7, or Section 256 or 11350.6 of the Welfare and Institutions Code shall be disclosed only during the actual time period in which the suspension is in effect.

(d) The department shall not make available or disclose a suspension or revocation that has been judicially set aside or stayed.

(e) The department shall not make available or disclose personal information about a person unless the disclosure is in compliance with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq.). However, a disclosure is subject to the prohibition in paragraph (2) of subdivision (a) of Section 12800.5.

(f) The department shall make available or disclose to the courts and law enforcement agencies a conviction of Section 23103, as specified in Section 23103.5, or a conviction of Section 23140, 23152, or 23153, or Section 655 of the Harbors and Navigation Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code for a period of 10 years from the date of the offense for the purpose of imposing penalties mandated by this code, or by other applicable provisions of California law.

The department shall make available or disclose to the courts and law enforcement agencies a conviction of Section 191.5, or subdivision (a) of Section 192.5 of the Penal Code, punished as a felony, for the purpose of imposing penalties mandated by Section 23550.5, or by other applicable provisions of California law.

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GOVERNMENT CODE  SECTIONS 15150-15167

15150.  (a) It is the intent of the Legislature that the Department of Justice shall commence to operate under this chapter as soon as feasible, but until such time, the department shall continue to operate under Article 8 (commencing with Section 13240) of Chapter 2, Part 3, Division 3, Title 2 of this code, and Chapter 2 (commencing with Section 15100) of this part. Accordingly, the department shall not discontinue service to any connection point to which it is required to furnish services at state expense until it has made the determination, has given notice, and the notice period has elapsed, as provided in subdivision (b). (b) At such time as the Attorney General concludes that he can furnish service to one location in any county in compliance with the requirements of Section 15161, he shall so certify and shall send notice of such certification to each agency in the county connected with the state system. Thirty days after the sending of such notice, service to any connection point in the county other than the one location selected pursuant to Section 15161 shall no longer be at state expense.

15151.  The maintenance of law and order is, and always has been, a primary function of government and is so recognized in both Federal and State Constitutions. The state has an unmistakable responsibility to give full support to all public agencies of law enforcement. This responsibility includes the provision of an efficient law enforcement communications network available to all such agencies. It is the intent of the Legislature that such a network be established and maintained in a condition adequate to the needs of law enforcement. It is the purpose of this chapter to establish a law enforcement telecommunications system for the State of California.

15152.  The Department of Justice shall maintain a statewide telecommunications system of communication for the use of law enforcement agencies.

15153.  The system shall be under the direction of the Attorney General, and shall be used exclusively for the official business of the state, and the official business of any city, county, city and county, or other public agency.

15154.  The Attorney General shall appoint an advisory committee on the California Law Enforcement Telecommunications System, hereinafter referred to as the committee, to advise and assist him in the management of the system with respect to operating policies, service evaluation, and system discipline. The committee shall serve at the pleasure of the Attorney General without compensation except for reimbursement of necessary travel expenses. Before requesting vendor proposals to implement the system, the committee shall prepare detailed technical system specifications defining all communications–handling parameters and making explicit in sufficient depth the goals of the system.

15155.  The committee shall consist of representatives from the following organizations: (1) Two representatives from the Peace Officers' Association of the State of California. (2) One representative from the California State Sheriffs' Association. (3) One representative from the League of California Cities. (4) One representative from the County Supervisors Association of California. (5) One representative from the Department of Justice. (6) One representative from the Department of Motor Vehicles. (7) One representative from the Department of General Services. (8) One representative from the California Highway Patrol. (9) One representative from the California Police Chiefs Association.

15156.  The Department of Justice shall provide an executive secretary to the committee.

15157.  The committee shall elect a chairman for a term to be determined by the committee.

15158.  The committee shall meet at least twice each year at a time and place to be determined by the Attorney General and the chairman. Special meetings may be called by the Attorney General or the chairman by giving at least 14 days' notice to the members.

15159.  All meetings of the committee and all hearings held by the committee shall be open to the public.

15160.  The Attorney General shall, upon the advice of the

committee, adopt and publish for distribution to the system subscribers and other interested parties the operating policies, practices and procedures, and conditions of qualification for membership.

15161.  The Department of Justice shall provide a basic telecommunications communications network consisting of no more than two relay or switching centers in the state and circuitry and terminal equipment in one location only in each county in the state. The system shall be consistent with the functional specifications contained in pages 75 to 79 of the Report of the Assembly Interim Committee on Ways and Means, Volume 21, Number 9, 1963-1965. These functional specifications summarize the needs of the peace officers for present purposes, but do not constitute technical specifications addressed to prospective suppliers of equipment and procedures.

15162.  The system may connect and exchange traffic with compatible systems of adjacent states and otherwise participate in interstate operations.

15163.  The system shall provide service to any law enforcement agency qualified by the committee which, at its own expense, desires connection through the county terminal.

15164.  The system shall be maintained at all times with equipment and facilities adequate to the needs of law enforcement. The committee shall recommend to the Attorney General any improvements of the system to meet the future requirements of the subscribers and to take advantage of advancements made in the science of telecommunications communications. The system shall be designed to accommodate present and future data processing equipment.

15164.1.  (a) The person designated as a county's “control agent” as defined by the policies, practices, and procedures adopted pursuant to Section 15160, or the chief officer of any other agency that has been granted direct access to the California Law Enforcement Telecommunications System under the provisions of this chapter, shall have sole and exclusive authority to ensure that the county's or other agency's equipment connecting to the California Law Enforcement Telecommunications System complies with all security requirements that are conditions of access to the California Law Enforcement Telecommunications System under the provisions of this chapter, or the policies, practices, and procedures adopted pursuant to Section 15160, and that the equipment complies with the county control agent' s security policy. This authority shall include, but not be limited to, locating, managing, maintaining, and providing security for all of the county's or other agency's equipment that connects to, and exchanges data, video, or voice information with, the California Law Enforcement Telecommunications System under the provisions of this chapter, including, but not limited to, telecommunications transmission circuits, networking devices, computers, data bases, and servers. (b) A control agent or chief officer may not exercise the authority granted in subdivision (a) in a manner that conflicts with any other provision of this chapter, or with the policies, practices, and procedures adopted pursuant to Section 15160.

15165.  Any subscriber to the system shall file with the Attorney General an agreement to conform to the operating policies, practices and procedures approved by the committee under penalty of suspension of service or other appropriate discipline by the committee.

15166.  The Director of General Services shall fix the charge to be paid by any state department, officer, board or commission to the Department of Justice.

15167.  In the case of a state agency, the charge shall be paid from the money available by law for the support of the state agency using the system

California Penal Code Section 11105

(a) (1) The Department of Justice shall maintain state summary criminal history information. (2) As used in this section: (A) “State summary criminal history information” means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, fingerprints, photographs, date of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (B) “State summary criminal history information” does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice. (b) The Attorney General shall furnish state summary criminal history information to any of the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: (1) The courts of the state. (2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31. (3) District attorneys of the state. (4) Prosecuting city attorneys of any city within the state. (5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code. (6) Probation officers of the state. (7) Parole officers of the state. (8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. (9) A public defender or attorney of record when representing a person in a criminal case, or parole revocation or revocation extension proceeding, and if authorized access by statutory or decisional law. (10) Any agency, officer, or official of the state if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. (11) Any city or county, city and county, district, or any officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. (12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120). (13) Any person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. (14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code. (15) Any managing or supervising correctional officer of a county jail or other county correctional facility. (16) Any humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers. (17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parent's having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code. (18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for any purposes other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records obtained both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. (19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving criminal record offender information pursuant to this section. (20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section. (21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code. (22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code. (23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code. (24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties. (c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: (1) Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates. (2) To a peace officer of the state other than those included in subdivision (b). (3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7. (4) To a peace officer of another country. (5) To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties. (6) To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject. (7) The courts of the United States, other states, or territories or possessions of the United States. (8) Peace officers of the United States, other states, or territories or possessions of the United States. (9) To any individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or any foreign nation. (10) (A) (i) Any public utility, as defined in Section 216 of the Public Utilities Code, or any cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.

California Education Code Section 49077

Information concerning a student shall be furnished in compliance with a court order or a lawfully issued subpoena. The school district shall make a reasonable effort to notify the parent or legal guardian and the pupil in advance of compliance with a lawfully issued subpoena and, in the case of compliance with a court order, if lawfully possible within the requirements of the order.

The Law Office of Michael Rehm

Michael rehm

The Law Office of Michael Rehm serves all of California, including the areas of San Diego, El Cajon, Vista, Chula Vista, La Jolla, Carlsbad, Encinitas, Oceanside, North County, Escondido and Surrounding Counties.

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The Law Office of Michael Rehm is a DUI and Criminal Defense Law Office that practices throughout San Diego County. Michael Rehm is available for free, confidential consultations at (619) 787-3456.