Bill Text: CA AB2820 | 2019-2020 | Regular Session | Introduced
Bill Title: Criminal procedure: witness or victim privacy.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-17 - In committee: Hearing postponed by committee. [AB2820 Detail]
Download: California-2019-AB2820-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2820
| Introduced by Assembly Member Obernolte |
February 20, 2020 |
An act to amend Section 1054.2 of the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 2820, as introduced, Obernolte.
Criminal procedure: witness or victim privacy.
Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, generally provides that an attorney shall not disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone else, the address or telephone number of a victim or witness whose name is disclosed to the attorney through discovery, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law makes a willful violation of these provisions a misdemeanor. Existing law authorizes the Legislature to amend Proposition 115 by a statute passed by a 2/3 vote of each house.
This bill would further prohibit the disclosure of any personal identifying information, as defined, of
the victim or witness. Because the bill would amend the provisions of Proposition 115, the bill would require a 2/3 vote of the Legislature. By expanding the scope of a crime, the bill would impose a state-mandated local program.
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.
The bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1054.2 of the Penal Code is amended to read:1054.2.
(a) (1) Except as provided in paragraph (2),(2) Notwithstanding paragraph (1), an attorney may disclose or permit to be disclosed the address or telephone number personal identifying information of a victim or witness to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case if that disclosure is required for that preparation.
Persons provided this information by an attorney shall be informed by the attorney that further dissemination of the information, except as provided by this section, is prohibited.
(3) Willful violation of this subdivision by an attorney, persons employed by the attorney, or persons appointed by the court is a misdemeanor. Nothing in this section prohibits prosecution under any other law.
(b) If the defendant is acting as his or her the defendant’s own attorney, the court shall endeavor to protect the address and telephone number
personal identifying information of a victim or witness by providing for contact only through a private investigator licensed by the Department of Consumer Affairs and appointed by the court or by imposing other reasonable restrictions, absent a showing of good cause as determined by the court.
(c) For purposes of this section, personal identifying information includes, but is not limited to, email, photograph, video, or other personal identifying information as defined in Section 530.55.
