AB 1245 — Recovery of public records.

Summary

Existing law provides that every officer having the custody of any public record, as specified, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable by imprisonment in the state prison for 2, 3, or 4 years if the officer willfully steals, removes, destroys, mutilates, defaces, alters, or falsifies the record, or causes another person to do so. Existing law also provides that every person not an officer who is guilty of any of these acts is punishable by imprisonment in the state prison or in a county jail for a period not exceeding one year, or by a fine not exceeding $1,000, or by both. This bill would authorize the Secretary of State, whenever the secretary, in consultation with the State Archivist, has reasonable grounds to believe that a public record belonging to a state or a local agency is in the possession of a person, organization, or institution not authorized by law to possess the record, to issue a written notice demanding that person, organization, or institution within 20 calendar days, either to return the record or respond in writing and declare why the record does not belong to the state or a local agency. The bill would require the secretary or a local agency to issue a copy or digital image of the record, when a record is returned and the person, organization, or institution returning that record makes that request. The bill would also authorize the secretary, if the person, organization, or institution does not deliver the described record, does not respond to the notice and demand within the required time, or does not adequately demonstrate that the record does not belong to the state or a local agency, to ask the Attorney General to petition the superior court in the county in which the record is located for an order requiring the return of the record. The court would be required, after a hearing, and upon a finding that the specified record is in the possession of a person, organization, or institution not authorized by law to possess the record, to order the record to be delivered to the State Archivist or other government official designated by the court, and would be authorized to make the record available for public access pursuant to the California Public Records Act. The bill would provide that the prevailing party may be awarded reasonable attorney's fees and costs in an action brought under these provisions. A local agency would be authorized to request the Secretary of State to act on its behalf under these circumstances and the bill would set forth the criteria pursuant to which the local agency could undertake these procedures on its own behalf. The bill would exempt from these provisions an organization or institution that follows professional practices recommended by the Society of American Archivists for the management, care, and preservation of historical records and that makes records in its possession available for inspection in accordance with disclosure requirements applicable to public agencies.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/02/09 - Enrolled pdf September 02, 2009
• Amended 06/30/09 - Amended Senate pdf June 30, 2009
• Amended 04/13/09 - Amended Assembly pdf April 13, 2009
• Amended 04/02/09 - Amended Assembly pdf April 02, 2009
• Introduced 02/27/09 - Introduced pdf February 27, 2009
• AB1245 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 519, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 08, 2009

   Enrolled and to the Governor at 4:15 p.m.

4. August 31, 2009

   Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 2806.)

5. August 27, 2009

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

6. August 27, 2009

   Read third time, passed, and to Assembly. (Ayes 34. Noes 3. Page 1970.)

7. July 15, 2009

   Read second time. To third reading.

8. July 14, 2009

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

9. June 30, 2009

   Read second time, amended, and re-referred to Com. on APPR.

10. June 29, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 23).

11. June 04, 2009

    Referred to Com. on JUD.

12. May 21, 2009

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

13. May 21, 2009

    Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1630.)

14. May 18, 2009

    Read second time. To Consent Calendar.

15. May 14, 2009

    From committee: Do pass. To Consent Calendar. (May 13).

16. April 28, 2009

    From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (April 27).

17. April 23, 2009

    From committee: Do pass, and re-refer to Com. on JUD. with recommendation: To Consent Calendar. Re-referred. (Ayes 16. Noes 0.) (April 22).

18. April 15, 2009

    Re-referred to Com. on G.O.

19. April 13, 2009

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

20. April 13, 2009

    Re-referred to Com. on G.O.

21. April 02, 2009

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

22. March 31, 2009

    Referred to Coms. on G.O. and JUD.

23. March 02, 2009

    Read first time.

24. March 01, 2009

    From printer. May be heard in committee March 30.

25. February 27, 2009

    Introduced. To print.

Sponsors

• Monning · Primary

Votes

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