California 2017-2018 Regular Session

California Assembly Bill AB2013

Introduced
2/5/18  
Introduced
2/5/18  
Refer
2/12/18  
Report Pass
4/4/18  
Report Pass
4/4/18  
Refer
4/9/18  
Refer
4/9/18  
Report Pass
4/12/18  
Report Pass
4/12/18  
Refer
4/17/18  
Refer
4/17/18  
Refer
4/25/18  

Caption

Crimes: public records: disclosure of information.

Impact

The implementation of AB 2013 would modify existing state laws governing public access to information, primarily affecting how law enforcement agencies handle sensitive information related to victims of gang-related crimes. By implementing measures to withhold identities, the bill aims to foster a safer environment for victims and witnesses, encouraging more individuals to come forward. Furthermore, the bill establishes additional responsibilities for law enforcement agencies, which may lead to increased operational costs associated with compliance and training, thereby constituting a state-mandated local program.

Summary

Assembly Bill No. 2013, introduced by Assembly Members Cunningham and Eduardo Garcia, seeks to amend the California Public Records Act and the Penal Code to enhance the protection of victims' and witnesses' identities in cases involving specified gang-related offenses. The primary focus of the bill is to prohibit law enforcement from disclosing the names of victims and witnesses upon their request unless it is determined that revealing such identities would not jeopardize their safety. This initiative arises from concerns over the potential risks faced by those involved in gang-related crimes, thereby ensuring that they can cooperate with law enforcement without fear of retaliation.

Sentiment

The sentiment surrounding AB 2013 appears to be largely positive, especially from advocacy groups focused on victim rights and those opposed to gang violence. Supporters argue that the bill is a necessary step towards protecting vulnerable individuals and enhancing their participation in the judicial process. However, some critics express concerns that the changes may hinder transparency and accountability within law enforcement practices, particularly regarding public access to criminal justice records. This debate highlights a broader conflict between the need for public information access and the necessity of individual privacy rights in sensitive situations.

Contention

Despite general support for the intentions behind AB 2013, some contentions have emerged regarding its implications. Opponents argue that the bill could lead to an overreach of privacy protections that could obscure accountability in law enforcement procedures. Additionally, questions have been raised about how this bill aligns with public interest access rights and whether the proposed measures might inadvertently shield misconduct within law enforcement. Furthermore, discussions have pointed out the importance of ensuring that law enforcement remains able to effectively communicate vital information related to gang activity to the public without compromising victim safety.

Companion Bills

No companion bills found.

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