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AB-3092 Attorney General: law enforcement agencies: reporting requirements: deaths.(2023-2024)



Current Version: 07/02/24 - Chaptered

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AB3092:v97#DOCUMENT

Assembly Bill No. 3092
CHAPTER 69

An act to amend Section 12525 of the Government Code, relating to state government.

[ Approved by Governor  July 02, 2024. Filed with Secretary of State  July 02, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3092, Ortega. Attorney General: law enforcement agencies: reporting requirements: deaths.
Existing law requires a law enforcement agency or agency in charge of a correctional facility, if a person dies while in the custody of that law enforcement agency or agency in charge of the correctional facility, to report in writing to the Attorney General, within 10 days after the death, all the facts in the agency’s possession concerning the death. Existing law provides that these writings are public records and open to public inspection, except with respect to confidential medical information, as specified.
This bill would require the law enforcement agency or agency in charge of the correctional facility, if any of the information changes or new information becomes available regarding the death, to update its written report to the Attorney General within 10 days of the date of the change or the date the new information becomes available. By imposing new duties on local government agencies, the bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
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: YES   Local Program: YES  

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


SECTION 1.

 Section 12525 of the Government Code is amended to read:

12525.
 (a) In any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the Attorney General, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death.
(b)  If any of the information provided pursuant to subdivision (a) changes or if new information becomes available regarding the death, including, but not limited to, the manner and means of death, the law enforcement agency or agency in charge of the correctional facility shall update its written report to the Attorney General within 10 days of the date of change or the date the new information becomes available.
(c) The writings in this section are public records within the meaning of Section 7920.530 of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005. Nothing in this section shall permit the disclosure of confidential medical information that may have been submitted to the Attorney General’s office in conjunction with the report except as provided in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which amends Section 12525 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
It is in the public interest, and furthers the purposes of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, to ensure that information concerning the death of a person while in custody is made available to the Attorney General and updated as new information becomes available.

SEC. 3.

 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 under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.