AMENDED IN SENATE JULY 1, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
96
CHAPTER 142
Statutes of 2025
[ Approved by Governor October 1, 2025. Filed with Secretary of State October 1, 2025. ]
Introduced by Assembly Member Pacheco
(Coauthor: Assembly Member Ramos)
January 29, 2025
An act to amend Section 7920.500 of the Government Code, relating to public records.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. That law exempts from disclosure specified information relating to elected or appointed officials, and makes specified disclosures of information relating to elected or appointed officials a crime. The law defines “elected or appointed official” for that purpose to include, among other things, a judge or court commissioner, a federal judge or federal defender, and a judge of a federally recognized Indian tribe.
This bill would additionally include in the definition of the term “elected or appointed official,” a retired judge or court commissioner, an active or retired judge of the State Bar Court, a retired federal judge or federal defender, a retired judge of a federally recognized Indian tribe, and an appointee of a court to serve as children’s counsel in a family or dependency proceeding. By expanding a crime related to the unauthorized disclosure of information about elected or appointed officials, this bill would impose a state-mandated local program.
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.
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.
The people of the State of California do enact as follows:
SECTION 1.
Section 7920.500 of the Government Code is amended to read:
7920.500.
For purposes of Article 3 (commencing with Section 7928.200) of Chapter 14 of Part 5, “elected or appointed official” includes, but is not limited to, all of the following:
(a) A state constitutional officer.
(b) A Member of the Legislature.
(c) An active or retired judge, court commissioner, or judge of the State Bar Court.
(d) A district attorney.
(e) A public defender.
(f) A member of a city council.
(g) A member of a board of supervisors.
(h) An appointee of the Governor.
(i) An appointee of the Legislature.
(j) A mayor.
(k) A city attorney.
(l) A police chief or sheriff.
(m) A public safety official.
(n) A state administrative law judge.
(o) An active or retired federal judge or federal defender.
(p) A member of the United States Congress or appointee of the President of the United States.
(q) An active or retired judge of a federally recognized Indian tribe.
(r) An appointee of a court to serve as children’s counsel in a family or dependency proceeding.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which amends Section 7920.500 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The California Public Records Act protects personal information, such as residence addresses and personal telephone numbers, of elected or appointed officials from disclosure. The need to protect elected or appointed officials and their families from harassment or targeted violence outweighs the interest in public disclosure of this information.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.