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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

90

Introduced by Senator Gonzalez

(Coauthors: Senators Durazo, Menjivar, and Pérez)

February 18, 2025

An act to amend Section 7923.600 of, and to add Section 7923.606 to, 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 each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, to make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable, except with respect to public records exempt from disclosure by express provisions of law. Existing law requires, upon request, an exact copy to be provided unless it is impracticable to do so.

This bill would specify that a recording of a call or a written communication that is maintained by a state or local agency that reports or describes an incident, as defined, occurring at a private detention facility, and specified records relating to that call or communication in the possession of a law enforcement agency, are not confidential, and would require an agency to disclose those records upon request to any member of the public. By requiring agencies to disclose certain records to the public, the bill would increase the duties of local officials and create a state-mandated local program.

Existing law specifies that, except as provided, the act does not require the disclosure of 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, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.

This bill would also except the above-described requirements relating to records relating to private detention facilities from that provision, but would specify that those requirements do not apply to the office of the Attorney General or the Department of Justice. General, the Department of Justice, the Department of Consumer Affairs, or any state entity within the Department of Consumer Affairs, as specified.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

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 7923.600 of the Government Code is amended to read:

7923.600.

(a) Except as provided in Sections 7923.606, 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of 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, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.

(b) A customer list that an alarm or security company provides to a state or local police agency at the agency’s request is a record subject to this article.

SEC. 2.

Section 7923.606 is added to the Government Code, to read:

7923.606.

(a) Notwithstanding any other law, all of the following records maintained by a state or local agency shall not be confidential and an agency shall disclose those records upon request to any member of the public:

(1) Any recording of any telephonic or other call to the agency that reports or describes an incident occurring at a private detention facility, or any transcript of any such recording.

(2) Any written communication to the agency that reports or describes any incident occurring at a private detention facility.

(3) (A) For records in the possession of a law enforcement agency, any writing related to the report, investigation, or findings of an incident reported or described in a recording or any transcript described in paragraph (1) or a written communication described in paragraph (2), except as provided in subparagraph (B).

(B) Subparagraph (A) shall not require an agency to disclose a writing or portion of a writing during an active investigation being conducted by the agency that received the request if the disclosure would substantially interfere with the investigation, including by endangering the safety of a witness or a confidential source.

(C) This paragraph does not authorize withholding any of the following:

(i) An audio or video recording or transcript described in paragraph (1) or any portion thereof.

(ii) A written communication described in paragraph (2) or any portion thereof.

(b) (1) An agency shall redact any record disclosed pursuant to this section to remove both of the following:

(A) The name or identifying number of a person who reportedly experienced an incident or was the victim of a crime listed in paragraph (1) of subdivision (b) of Section 7923.615.

(B) The name or identifying number of a person, including, but not limited to, a whistleblower, complainant, or witness, if there is a specific, articulable, and particularized reason to believe that failure to do so would pose a significant danger to the physical safety of that person.

(2) An agency shall not redact any record disclosed pursuant to this section except as required pursuant to paragraph (1) or as authorized pursuant to subparagraph (B) of paragraph (3) of subdivision (a).

(c) For purposes of this section, both of the following definitions shall apply:

(1) “Incident” means any mental or physical illness or injury, any attempted suicide, any alleged crime, or any emergency.

(2) “Private detention facility” has the same meaning as that term is defined in Section 7320.

(d) This section shall not apply to the office of the Attorney General or the Department of Justice. General, the Department of Justice, the Department of Consumer Affairs, or any board, bureau, committee, commission, program, or other state entity within the Department of Consumer Affairs.

(e) This section shall not be construed to limit, restrict, or reduce any public right of access to records or information provided by any other law.

SEC. 3.

The Legislature finds and declares that this act furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act ensures the public’s right to know the frequency and substance of complaints and calls for assistance made by or on behalf of vulnerable individuals held in private detention facilities, who are exposed to significant risk of sexual assault or other abuses. Public access to these records is especially important in light of reports that some law enforcement agencies have allowed the management of private detention facilities to determine whether and how those complaints or calls for assistance are investigated.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.