CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 886Introduced by Assembly Member BontaFebruary 17, 2021 An act to amend Section 13103 of the Penal Code, relating to public records. LEGISLATIVE COUNSEL'S DIGESTAB 886, as introduced, Bonta. Public records.Existing law provides specified requirements to ensure uniform recording, reporting, storage, analysis, and dissemination of criminal offender record information by criminal justice agencies in the state. Existing law authorizes a criminal justice agency to destroy the original records maintained pursuant to those provisions if the records have been reproduced onto another storage medium, as specified. Existing law requires that if a record has been reproduced onto optical disk, that the original record be retained for at least one year, as specified, before destruction.This bill would instead require that if a record has been reproduced onto optical disk, that the original record be retained for at least 16 months, as specified, before destruction.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13103 of the Penal Code is amended to read:13103. Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this chapter to be destroyed if all of the following requirements are met:(a) The records have been reproduced onto microfilm or optical disk, or by any other techniques which do not permit additions, deletions, or changes to the original document.(b) If the records have been reproduced onto optical disk, at least one year has 16 months have elapsed since the date of registration of the records.(c) The nonerasable storage medium used meets the minimum standards recommended by the National Institute of Standards and Technology for permanent record purposes.(d) Adequate provisions are made to ensure that the nonerasable storage medium reflects additions or corrections to the records.(e) A copy of the nonerasable storage medium is maintained in a manner which permits it to be used for all purposes served by the original record.(f) A copy of the nonerasable storage medium has been stored at a separate physical location in a place and manner which will reasonably assure its preservation indefinitely against loss or destruction.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 886Introduced by Assembly Member BontaFebruary 17, 2021 An act to amend Section 13103 of the Penal Code, relating to public records. LEGISLATIVE COUNSEL'S DIGESTAB 886, as introduced, Bonta. Public records.Existing law provides specified requirements to ensure uniform recording, reporting, storage, analysis, and dissemination of criminal offender record information by criminal justice agencies in the state. Existing law authorizes a criminal justice agency to destroy the original records maintained pursuant to those provisions if the records have been reproduced onto another storage medium, as specified. Existing law requires that if a record has been reproduced onto optical disk, that the original record be retained for at least one year, as specified, before destruction.This bill would instead require that if a record has been reproduced onto optical disk, that the original record be retained for at least 16 months, as specified, before destruction.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 886
Introduced by Assembly Member BontaFebruary 17, 2021
Introduced by Assembly Member Bonta
February 17, 2021
An act to amend Section 13103 of the Penal Code, relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 886, as introduced, Bonta. Public records.
Existing law provides specified requirements to ensure uniform recording, reporting, storage, analysis, and dissemination of criminal offender record information by criminal justice agencies in the state. Existing law authorizes a criminal justice agency to destroy the original records maintained pursuant to those provisions if the records have been reproduced onto another storage medium, as specified. Existing law requires that if a record has been reproduced onto optical disk, that the original record be retained for at least one year, as specified, before destruction.This bill would instead require that if a record has been reproduced onto optical disk, that the original record be retained for at least 16 months, as specified, before destruction.
Existing law provides specified requirements to ensure uniform recording, reporting, storage, analysis, and dissemination of criminal offender record information by criminal justice agencies in the state. Existing law authorizes a criminal justice agency to destroy the original records maintained pursuant to those provisions if the records have been reproduced onto another storage medium, as specified. Existing law requires that if a record has been reproduced onto optical disk, that the original record be retained for at least one year, as specified, before destruction.
This bill would instead require that if a record has been reproduced onto optical disk, that the original record be retained for at least 16 months, as specified, before destruction.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 13103 of the Penal Code is amended to read:13103. Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this chapter to be destroyed if all of the following requirements are met:(a) The records have been reproduced onto microfilm or optical disk, or by any other techniques which do not permit additions, deletions, or changes to the original document.(b) If the records have been reproduced onto optical disk, at least one year has 16 months have elapsed since the date of registration of the records.(c) The nonerasable storage medium used meets the minimum standards recommended by the National Institute of Standards and Technology for permanent record purposes.(d) Adequate provisions are made to ensure that the nonerasable storage medium reflects additions or corrections to the records.(e) A copy of the nonerasable storage medium is maintained in a manner which permits it to be used for all purposes served by the original record.(f) A copy of the nonerasable storage medium has been stored at a separate physical location in a place and manner which will reasonably assure its preservation indefinitely against loss or destruction.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 13103 of the Penal Code is amended to read:13103. Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this chapter to be destroyed if all of the following requirements are met:(a) The records have been reproduced onto microfilm or optical disk, or by any other techniques which do not permit additions, deletions, or changes to the original document.(b) If the records have been reproduced onto optical disk, at least one year has 16 months have elapsed since the date of registration of the records.(c) The nonerasable storage medium used meets the minimum standards recommended by the National Institute of Standards and Technology for permanent record purposes.(d) Adequate provisions are made to ensure that the nonerasable storage medium reflects additions or corrections to the records.(e) A copy of the nonerasable storage medium is maintained in a manner which permits it to be used for all purposes served by the original record.(f) A copy of the nonerasable storage medium has been stored at a separate physical location in a place and manner which will reasonably assure its preservation indefinitely against loss or destruction.
SECTION 1. Section 13103 of the Penal Code is amended to read:
### SECTION 1.
13103. Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this chapter to be destroyed if all of the following requirements are met:(a) The records have been reproduced onto microfilm or optical disk, or by any other techniques which do not permit additions, deletions, or changes to the original document.(b) If the records have been reproduced onto optical disk, at least one year has 16 months have elapsed since the date of registration of the records.(c) The nonerasable storage medium used meets the minimum standards recommended by the National Institute of Standards and Technology for permanent record purposes.(d) Adequate provisions are made to ensure that the nonerasable storage medium reflects additions or corrections to the records.(e) A copy of the nonerasable storage medium is maintained in a manner which permits it to be used for all purposes served by the original record.(f) A copy of the nonerasable storage medium has been stored at a separate physical location in a place and manner which will reasonably assure its preservation indefinitely against loss or destruction.
13103. Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this chapter to be destroyed if all of the following requirements are met:(a) The records have been reproduced onto microfilm or optical disk, or by any other techniques which do not permit additions, deletions, or changes to the original document.(b) If the records have been reproduced onto optical disk, at least one year has 16 months have elapsed since the date of registration of the records.(c) The nonerasable storage medium used meets the minimum standards recommended by the National Institute of Standards and Technology for permanent record purposes.(d) Adequate provisions are made to ensure that the nonerasable storage medium reflects additions or corrections to the records.(e) A copy of the nonerasable storage medium is maintained in a manner which permits it to be used for all purposes served by the original record.(f) A copy of the nonerasable storage medium has been stored at a separate physical location in a place and manner which will reasonably assure its preservation indefinitely against loss or destruction.
13103. Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this chapter to be destroyed if all of the following requirements are met:(a) The records have been reproduced onto microfilm or optical disk, or by any other techniques which do not permit additions, deletions, or changes to the original document.(b) If the records have been reproduced onto optical disk, at least one year has 16 months have elapsed since the date of registration of the records.(c) The nonerasable storage medium used meets the minimum standards recommended by the National Institute of Standards and Technology for permanent record purposes.(d) Adequate provisions are made to ensure that the nonerasable storage medium reflects additions or corrections to the records.(e) A copy of the nonerasable storage medium is maintained in a manner which permits it to be used for all purposes served by the original record.(f) A copy of the nonerasable storage medium has been stored at a separate physical location in a place and manner which will reasonably assure its preservation indefinitely against loss or destruction.
13103. Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this chapter to be destroyed if all of the following requirements are met:
(a) The records have been reproduced onto microfilm or optical disk, or by any other techniques which do not permit additions, deletions, or changes to the original document.
(b) If the records have been reproduced onto optical disk, at least one year has 16 months have elapsed since the date of registration of the records.
(c) The nonerasable storage medium used meets the minimum standards recommended by the National Institute of Standards and Technology for permanent record purposes.
(d) Adequate provisions are made to ensure that the nonerasable storage medium reflects additions or corrections to the records.
(e) A copy of the nonerasable storage medium is maintained in a manner which permits it to be used for all purposes served by the original record.
(f) A copy of the nonerasable storage medium has been stored at a separate physical location in a place and manner which will reasonably assure its preservation indefinitely against loss or destruction.