Bill Text: CA AB1275 | 2011-2012 | Regular Session | Amended

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Bill Title: California Public Records Act: exemption: emergency 911

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-19 - In committee: Set, first hearing. Failed passage. [AB1275 Detail]

Download: California-2011-AB1275-Amended.html

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BILL NUMBER: AB 1275	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2012
	AMENDED IN SENATE  FEBRUARY 9, 2012
	AMENDED IN SENATE  SEPTEMBER 1, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 18, 2011

   An act to add Section 6256 to the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1275, as amended, Torres. California Public Records Act:
exemption: emergency 911 telephone calls.
   The California Public Records Act requires state and local
agencies to make public records available for inspection, subject to
specified criteria, and with specified exceptions. The
Warren-911-Emergency-Assistance Act provides a statewide system for
the use of "911" as the primary emergency telephone number.
   This bill would prohibit a state or local agency from disclosing
any portion of a 911 emergency telephone call providing medical or
personal identifying information.  This bill would require a
public agency to disclose a recording of a 911 emergency telephone
call to certain individuals under specified conditions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 6256 is added to the Government Code, to read:
   6256.   Notwithstanding   (a)  
  For purposes of this section, the following terms have the
following meanings:  
   (1) "Personal information" means any information that is
maintained by an agency that identifies or describes an individual,
including, but not limited to, his or her name, social security
number, physical description, home address, home telephone number,
education, financial matters, and medical or employment history. It
includes statements made by, or attributed to, the individual. 

   (2) "Medical information" means any health information that is
protected from disclosure by the federal Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191), and any
regulations adopted pursuant to that act. 
    (b)     Notwithstanding  any other
law,  and except as provided in subdivision (c),  a public
agency shall not disclose any portion of a  recording of a 
911 emergency telephone call providing medical or personal
identifying information. 
   (c) A public agency shall disclosure a 911 emergency telephone
call to any of the following:  
   (1) A court.  
   (2) A law enforcement agency.  
   (3) A district attorney, public defender, or appointed or private
counsel representing a defendant in a criminal action.  
   (4) An attorney in a civil action that demonstrates to a court the
need for the recording of the 911 emergency telephone call, if the
disclosure is made pursuant to a subpoena.  
   (5) An attorney investigating facts related to a potential civil
action that demonstrates to a court the need for the 911 emergency
telephone call, if the disclosure is made pursuant to a subpoena.
 
   (6) The caller whose voice was recorded on the 911 emergency
telephone call.