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AB-1286 Lawyer-client privilege.(1999-2000)

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AB1286:v97#DOCUMENT

Amended  IN  Assembly  April 26, 1999
Amended  IN  Assembly  January 03, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 1286

Introduced  by  Assembly Member Strickland
 (Coauthor(s): Assembly Member Aanestad, Battin, Cox, Maldonado, Oller)
 (Coauthor(s): Senator Haynes, Leslie)

February 26, 1999

An act to add Section 6068.5 to the Business and Professions Code, relating to attorneys. An act to add Section 964 to the Evidence Code, relating to the lawyer-client privilege.


LEGISLATIVE COUNSEL'S DIGEST


AB 1286, as amended, Strickland. Attorneys: duties Lawyer-client privilege.
Under existing law, confidential communications between a lawyer and client are privileged, except as specified.
This bill would authorize a lawyer to voluntarily report to a law enforcement officer or agency information regarding the location of a person, whether the person is dead or alive, if the person has been reported to a law enforcement agency as a missing person without violating the lawyer-client privilege, so long as the source of the information is not disclosed. However, no such report by a lawyer could be introduced as evidence in any criminal proceeding.

Existing law imposes various, specified duties upon attorneys.

This bill would provide that, notwithstanding any other provision of law, when an attorney learns that a law enforcement agency has determined that a missing person may have been abducted, the attorney has a duty to report to that agency information he or she has about the location of the missing person, and to identify any other person, including a client of the attorney, whom the attorney has reason to believe has information about the location of the missing person.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

This act shall be known and may be cited as the Kali Manley Act.
SEC. 2.Section 6068.5 is added to the Business and Professions Code, to read:
6068.5.

Notwithstanding any other provision of law, when an attorney learns that a law enforcement agency has determined that a missing person may have been abducted, the attorney has a duty to report to that agency any information he or she has about the location of the missing person, and to identify any other person, including a client of the attorney, whom the attorney has reason to believe has information about the location of the missing person.

SECTION 1.

 Section 964 is added to the Evidence Code, to read:

964.
 For purposes of this article, to assist in the location of missing persons, a lawyer may voluntarily report to a law enforcement officer or agency, information regarding the location of a person, whether the person is dead or alive, if the person has been reported to a law enforcement agency as a missing person, without violating the lawyer-client privilege so long as the source of that information is not disclosed. No such report by a lawyer may be introduced as evidence in any criminal proceeding.