California 2009-2010 Regular Session Status: To Executive

SB 5 — Deceased Child Victims' Protection and Privacy Act.

Last action — Chaptered by Secretary of State. Chapter 302, Statutes of 2010.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 California 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 above-described exemption from the California Public Records Act applies. Provisions of law proposed by AB 1844 of the 2009–10 Regular Session, an urgency measure, would require every sex offender required to register, as specified, to participate in an approved sex offender management program while on parole or formal supervised probation. AB 1844 would require probation departments and the Department of Corrections and Rehabilitation to enter into contracts with certified sex offender management professionals to provide these programs. This bill, contingent on the prior approval of AB 1844, would eliminate this contracting requirement and make other related and conforming changes. 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. Chaptered by Secretary of State. Chapter 302, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 3:30 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 33. Noes 1. Page 5035.) To enrollment.

  5. Urgency clause adopted.

  6. In Senate.

  7. Read third time. Urgency clause adopted. Passed. (Ayes 71. Noes 1. Page 6848.) To Senate.

  8. Consent granted to take up without reference to file.

  9. Read second time. Amended. To second reading.

  10. (Heard in committee on August 25.)

  11. From committee: Do pass as amended. (Ayes 6. Noes 1.)

  12. Joint Rule 62(a) file notice suspended. (Page 6608.)

  13. Re-referred to Com. On JUD. pursuant to Assembly Rule 77.2.

  14. Read third time. Amended. (Page 6370.) To third reading.

  15. From inactive file to third reading file.

  16. Notice of motion to remove from inactive file given by Assembly Member Evans.

  17. Placed on inactive file on request of Assembly Member Torrico.

  18. Read second time. To third reading.

  19. (Heard in committee on July 1.)

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

  21. (Heard in committee on June 16.)

  22. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.

  23. To Com. on PUB. S.

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

  25. Read third time. Passed. (Ayes 36. Noes 0. Page 930.) To Assembly.

  26. To Special Consent Calendar.

  27. Read second time. To third reading.

  28. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  29. Set for hearing May 11.

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

  31. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 587.)

  32. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  33. Set for hearing April 21.

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

  35. Set for hearing March 31.

  36. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  37. To Com. on PUB. S.

  38. From print. May be acted upon on or after January 1.

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

Sponsors

  • Hollingsworth · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Hollingsworth

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

SB5 Hollingsworth Third Reading Urgency By FLETCHER

Passed 82 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 77106
Democratic 3000
Republican 2001
Total 82107
% of votes cast 91%1%0%8%
How each member voted (90)
Member Party Vote
Hall — Yea
Carter — Yea
Feuer — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Coto — Yea
Yamada — Not Voting
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Bonnie — Not Voting
Lowenthal — Not Voting
Saldana — Not Voting
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Ammiano — Nay
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nava — Not Voting
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Eng — Not Voting
Evans — Yea
Davis — Yea
DeVore — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE SB5 Hollingsworth Urgency Clause

Passed 34 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 31105
Democratic 2000
Republican 1000
Total 34105
% of votes cast 85%3%0%13%
How each member voted (40)
Member Party Vote
Yee — Nay
Cedillo — Yea
Cogdill — Yea
Wyland — Yea
Florez — Yea
Corbett — Not Voting
Hancock — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Not Voting
Alquist — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Not Voting
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wiggins — Not Voting
Aanestad — Yea
Blakeslee — Yea
Hollingsworth — Yea
Liu — Yea
Romero — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6003
Republican 0100
Total 6103
% of votes cast 60%10%0%30%
How each member voted (10)
Member Party Vote
Hagman — Yea
Saldana — Not Voting
Feuer — Yea
Huffman — Yea
Knight — Yea
Monning — Not Voting
Tran — Yea
Brownley — Yea
Evans — Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Republican 1000
Democratic 0001
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Hall — Yea
Fuentes — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Charles — Not Voting
Coto — Yea
Davis — Yea
Miller — Yea
Duvall — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Yea
Nielsen — Yea
Calderon, Lisa Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Special Consent #5 SB5 Maldonado

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Not Voting
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Negrete — Yea
Runner — Yea
Huff — Yea
Corbett — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Dutton — Yea
Oropeza — Yea
Alquist — Yea
Benoit — Yea
Pavley — Yea
Romero — Not Voting
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Wolk — Yea
Wyland — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 5 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 California 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 above-described exemption from the California Public Records Act applies. Provisions of law proposed by AB 1844 of the 2009–10 Regular Session, an urgency measure, would require every sex offender required to register, as specified, to participate in an approved sex offender management program while on parole or formal supervised probation. AB 1844 would require probation departments and the Department of Corrections and Rehabilitation to enter into contracts with certified sex offender management professionals to provide these programs. This bill, contingent on the prior approval of AB 1844, would eliminate this contracting requirement and make other related and conforming changes. 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 5?
SB 5 is sponsored by Hollingsworth.
What is the current status of SB 5?
This bill died with 2009-2010 Regular Session. It reached “To Executive” 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 5?
Track SB 5 free on One Click Politics — get push/email alerts when it moves.

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