California 2009-2010 Regular Session Status: Passed Senate

SB 982 — Deceased Child Victims' Protection and Privacy Act.

Last action — From Assembly without further action.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits the making of a copy, reproduction, or facsimile of any kind of photographs, negatives, or print of the body, or any portion of the body, of a deceased person taken by or for the coroner at the scene of death or in the course of a postmortem exam or autopsy made by or caused to be made by the coroner, except for use in a criminal proceeding in this state that relates to the death of that person, or except as a court of this state permits, as specified. The Public Records Act generally provides that public records, as defined, are open to public inspection and every person has a right to inspect any public record. The act sets forth specified exemptions from those provisions, including an exemption for specified investigatory or security files compiled by law enforcement entities. This bill would enact the Deceased Child Victims' Protection and Privacy Act. The bill would provide that, when a minor who is not within the jurisdiction of the juvenile court, as specified, is killed as a result of a criminal act and a person has been convicted of the crime and sentenced, or been found to have committed the act by a juvenile court and adjudged a ward of the juvenile court, upon the request of a qualifying family member of the deceased minor, the autopsy report and evidence associated with the examination of the victim in the possession of a public agency would be sealed and would not be disclosed, except as specified. The bill would also provide that a coroner or medical examiner shall not be liable for damages in a civil action for any act or omission taken in compliance with these provisions. These provisions would not be construed to limit the authority of the court to seal records or restrict the dissemination of an autopsy report or evidence associated with the examination of a victim, as specified. In addition, these provisions would establish an independent basis upon which an autopsy report or other evidence associated with the examination of a victim may be withheld from public disclosure; however, these provisions would not apply if the exemption from the Public Records Act described above applies. Because the bill would impose additional duties on local officials, such as the county coroner, the district attorney, or the public defender, relating to preventing the disclosure of this information, the bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From Assembly without further action.

  2. In Assembly. Read first time. Held at Desk.

  3. Read third time. Urgency clause adopted. Passed. (Ayes 29. Noes 1. Page 4447.) To Assembly.

  4. Read second time. To third reading.

  5. From committee: Do pass. (Ayes 8. Noes 1. Page 4435.)

  6. Set for hearing August 9.

  7. Read second time. Amended. Re-referred to Com. on APPR.

  8. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 4319.)

  9. Set for hearing July 15.

  10. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  11. Hearing postponed by committee.

  12. Set for hearing June 29.

  13. Set, first hearing. Hearing canceled at the request of author.

  14. Set for hearing June 22.

  15. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  17. Re-referred to Com. on JUD.

  18. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  19. To Com. on RLS.

  20. From print. May be acted upon on or after March 11.

  21. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Fletcher · Cosponsor
  • Ducheny · Cosponsor
  • Harman · Cosponsor
  • Hollingsworth · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Hollingsworth

Co-sponsors (3)

  • Fletcher
  • Ducheny
  • Harman

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Senate 2nd Reading SB982 Hollingsworth Urgency Clause

Passed 30 Yea · 1 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 28107
Republican 1000
Democratic 1001
Total 30108
% of votes cast 77%3%0%21%
How each member voted (39)
Member Party Vote
Yee — Nay
Runner — Yea
Cedillo — Not Voting
Wyland — Yea
Ducheny — Not Voting
Oropeza — Not Voting
Pavley — Not Voting
Price — Yea
Simitian — Not Voting
Walters — Not Voting
Wiggins — Not Voting
Wright — Yea
Florez — Yea
Cogdill — Yea
Hancock — Yea
Hollingsworth — Yea
Corbett — Yea
Kehoe — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Yea
Aanestad — Yea
Harman — Yea
Huff — Yea
Leno — Yea
McLeod — Yea
Romero — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8102
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Yee — Nay
Wyland — Yea
Corbett — Yea
Leno — Yea
Ashburn — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Walters — Not Voting
Emmerson — Not Voting

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 982 do?
Existing law prohibits the making of a copy, reproduction, or facsimile of any kind of photographs, negatives, or print of the body, or any portion of the body, of a deceased person taken by or for the coroner at the scene of death or in the course of a postmortem exam or autopsy made by or caused to be made by the coroner, except for use in a criminal proceeding in this state that relates to the death of that person, or except as a court of this state permits, as specified. The Public Records Act generally provides that public records, as defined, are open to public inspection and every person has a right to inspect any public record. The act sets forth specified exemptions from those provisions, including an exemption for specified investigatory or security files compiled by law enforcement entities. This bill would enact the Deceased Child Victims' Protection and Privacy Act. The bill would provide that, when a minor who is not within the jurisdiction of the juvenile court, as specified, is killed as a result of a criminal act and a person has been convicted of the crime and sentenced, or been found to have committed the act by a juvenile court and adjudged a ward of the juvenile court, upon the request of a qualifying family member of the deceased minor, the autopsy report and evidence associated with the examination of the victim in the possession of a public agency would be sealed and would not be disclosed, except as specified. The bill would also provide that a coroner or medical examiner shall not be liable for damages in a civil action for any act or omission taken in compliance with these provisions. These provisions would not be construed to limit the authority of the court to seal records or restrict the dissemination of an autopsy report or evidence associated with the examination of a victim, as specified. In addition, these provisions would establish an independent basis upon which an autopsy report or other evidence associated with the examination of a victim may be withheld from public disclosure; however, these provisions would not apply if the exemption from the Public Records Act described above applies. Because the bill would impose additional duties on local officials, such as the county coroner, the district attorney, or the public defender, relating to preventing the disclosure of this information, the bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 982?
SB 982 is sponsored by Fletcher, Ducheny, Harman, and Hollingsworth.
What is the current status of SB 982?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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 SB 982?
Track SB 982 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 982

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 982

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →