Victim’s compensation records: discovery.
The implementation of SB 705 is expected to enhance the protection of victim information during legal proceedings. By mandating that requests for disclosure go through a court process, the bill aims to balance the rights of victims to privacy with the legal rights of defendants to access relevant information during criminal trials. Furthermore, courts are required to examine the records in a closed setting, ensuring that sensitive information is not disclosed publicly.
Senate Bill 705, introduced by Senator Galgiani, seeks to amend the Government Code by adding Section 13967, which specifically addresses the discovery and disclosure of victim and derivative victim records maintained by the California Victim Compensation Board. The bill requires parties seeking access to such records in criminal matters to file a formal motion with the court, providing written notice to the Victim Compensation Board. This procedure is designed to uphold the confidentiality of victims' information while allowing courts to evaluate the necessity of disclosure.
Notably, the bill expands the definition of perjury related to the submission of verified records, establishing a state-mandated program that may lead to additional administrative burdens on local agencies. While proponents of the bill argue that it reinforces victims' rights and privacy, critics may express concerns regarding the implications for justice and fair trial rights, particularly in cases where access to records could be crucial for the defense.