California 2021-2022 Regular Session Status: Passed Assembly Bipartisan · 2 D · 1 R cosponsors

AB 268 — Courts: sealing records: autopsy reports.

Last action — From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires a court to seal the autopsy report and evidence associated with the examination of the victim, upon request of a qualifying family member, when a child was killed as a result of a criminal act and a person has been convicted and sentenced for the commission of that criminal act, or a person has been found to have committed that offense by the juvenile court and adjudged a ward of the juvenile court. Existing law defines "qualifying family member" for this purpose as a biological or adoptive parent, spouse, or legal guardian. This bill would require the court, upon the request of a qualifying family member, to seal the autopsy report and any evidence associated with the examination of a victim, of any age, who was killed as a result of a criminal act when the above conditions apply or when a prosecutorial agency has concluded all persons who could have been prosecuted for the criminal act have died. The bill would authorize the court to review in camera any official information in the possession of a public agency, including the autopsy report and evidence associated with the examination, that is necessary to evaluate the request. The bill would also include within the definition of "qualifying family member" the victim's next of kin, personal representative, child, grandparent, grandchild, sibling, or domestic partner. The bill would exclude from the definition of a "victim who was killed as a result of a criminal act" a person who was killed by the use of force against them by a peace officer or custodial officer. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

  3. Referred to Coms. on PUB. S. and JUD.

  4. In Senate. Read first time. To Com. on RLS. for assignment.

  5. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 1. Page 1626.)

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 15. Noes 0.) (May 20).

  8. In committee: Set, first hearing. Referred to APPR. suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 22). Re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 7. Noes 0.) (April 6). Re-referred to Com. on P. & C.P.

  11. Coauthors revised.

  12. Re-referred to Com. on PUB. S.

  13. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  14. Referred to Coms. on PUB. S. and P. & C.P.

  15. From printer. May be heard in committee February 15.

  16. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 268 Irwin Assembly Third Reading

Passed 75 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 39101
Democratic 26001
Republican 10000
Total 75102
% of votes cast 96%1%0%3%
How each member voted (78)
Member Party Vote
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Nay
Chau — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 6000
Republican 2000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Quirk — Yea
Bigelow — Yea
Chau — Not Voting
Levine — Yea
Holden — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 1101
Republican 0001
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Cunningham — Yea
Kiley — Nay
Chau — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Carrillo, Juan Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Lee, Alex Democratic Yea
Wicks, Buffy Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Democratic 3000
Unaffiliated 2001
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Santiago — Yea
Quirk — Yea
Jones-Sawyer — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Lee, Alex Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 268 do?
Existing law requires a court to seal the autopsy report and evidence associated with the examination of the victim, upon request of a qualifying family member, when a child was killed as a result of a criminal act and a person has been convicted and sentenced for the commission of that criminal act, or a person has been found to have committed that offense by the juvenile court and adjudged a ward of the juvenile court. Existing law defines "qualifying family member" for this purpose as a biological or adoptive parent, spouse, or legal guardian. This bill would require the court, upon the request of a qualifying family member, to seal the autopsy report and any evidence associated with the examination of a victim, of any age, who was killed as a result of a criminal act when the above conditions apply or when a prosecutorial agency has concluded all persons who could have been prosecuted for the criminal act have died. The bill would authorize the court to review in camera any official information in the possession of a public agency, including the autopsy report and evidence associated with the examination, that is necessary to evaluate the request. The bill would also include within the definition of "qualifying family member" the victim's next of kin, personal representative, child, grandparent, grandchild, sibling, or domestic partner. The bill would exclude from the definition of a "victim who was killed as a result of a criminal act" a person who was killed by the use of force against them by a peace officer or custodial officer. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors AB 268?
AB 268 is sponsored by Irwin, Jacqui (Democratic), Bauer-Kahan, Rebecca (Democratic), and Seyarto, Kelly (Republican).
What is the current status of AB 268?
This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 268?
Track AB 268 free on One Click Politics — get push/email alerts when it moves.

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