Bill Text: CA AB1250 | 2013-2014 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: AB 1250 CHAPTERED
BILL TEXT
CHAPTER 19
FILED WITH SECRETARY OF STATE JUNE 24, 2013
APPROVED BY GOVERNOR JUNE 24, 2013
PASSED THE SENATE JUNE 10, 2013
PASSED THE ASSEMBLY APRIL 25, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
INTRODUCED BY Assembly Member Perea
FEBRUARY 22, 2013
An act to amend Section 1041 of the Evidence Code, relating to
privileged communications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1250, Perea. Privileged communications: 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.
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 the person's identity, if the privilege is claimed by a
person authorized by the public entity to do so 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.
(2) Disclosure of the identity of the informer is against the
public interest because the necessity for preserving the
confidentiality of his or her identity outweighs the necessity for
disclosure in the interest of justice. The privilege shall not be
claimed under this paragraph if 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 shall not be
considered.
(b) The privilege described in this section applies only if the
information is furnished in confidence by the informer to any of the
following:
(1) A law enforcement officer.
(2) A representative of an administrative agency charged with the
administration or enforcement of the law alleged to be 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) The privilege 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.
