Today's Law As Amended


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AB-1275 California Public Records Act: exemption: emergency 911 telephone calls.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 6256 is added to the Government Code, to read:

6256.
 (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.