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SB-647 Clerk of the court.(2023-2024)

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Date Published: 03/20/2023 09:00 PM
SB647:v98#DOCUMENT

Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 647


Introduced by Senator Bradford

February 16, 2023


An act to amend Section 69846 of add Section 69846.3 to the Government Code, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


SB 647, as amended, Bradford. Clerk of the court.
Existing law authorizes a court to make rules for its own government and the government of its officers, as specified. Existing law requires the clerk of the court to perform various duties, including, safely keeping or disposing of all papers and records filed or deposited in an action or proceeding before the court.
This bill would make technical, nonsubstantive changes to that provision. require that the clerk of the superior court allow access to public information that identifies criminal defendants to a person who certifies specified conditions under penalty of perjury. The bill would also permit the clerk of the court to audit persons who have accessed public record information upon reasonable written notice given at least 10 business days in advance.
By requiring an individual seeking to access public record information identifying criminal defendants to certify certain conditions under penalty of perjury, this bill would expand the crime of perjury and 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 69846.3 is added to the Government Code, to read:

69846.3.
 (a) The clerk of the superior court shall allow access to public record information that identifies criminal defendants to a person who certifies under penalty of perjury both of the following:
(1) The person is reviewing or obtaining the information for the preparation of a consumer report by a consumer reporting agency regulated by the federal Fair Credit Report Act (15 U.S.C. Sec. 1681 et seq.).
(2) The person who is the subject of the report has consented to the preparation of the consumer report.
(b) A person receiving information pursuant to this section shall not be considered to have received local summary criminal history information as defined by subdivision (a) of Section 13300 of the Penal Code.
(c) The clerk of the superior court may audit persons who have accessed public record information pursuant to this section upon reasonable written notice given at least 10 business days in advance.

SEC. 2.

 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 will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 69846 of the Government Code is amended to read:
69846.

The clerk of the superior court shall safely keep or dispose of, according to law, all papers and records filed or deposited in an action or proceeding before the court.