California 2017-2018 Regular Session Status: Enacted

AB 459 — Public records: video or audio recordings: crime.

Last action — Chaptered by Secretary of State - Chapter 291, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 13, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would specify that the act does not require disclosure of a video or audio recording that was created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence, or child abuse that depicts the face, intimate body part, or voice of a victim of the incident depicted in the recording. The bill would require an agency to justify withholding such a video or audio recording by demonstrating that on the facts of the particular case, the public interest served by not disclosing the recording clearly outweighs the public interest served by disclosure of the recording. The bill would require the agency to consider specified factors when balancing the public interests. The bill would authorize a victim who is a subject of such a recording, the parent or legal guardian of a minor subject, a deceased subject's next of kin, or a subject's legally authorized designee, to be permitted to inspect the recording and to obtain a copy of the recording. By imposing new duties upon local agencies, the bill would impose a state-mandated local program. 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. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 291, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3016.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2455.).

  7. Ordered to third reading.

  8. From Consent Calendar.

  9. Read second time. Ordered to Consent Calendar.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on PUB. S. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on PUB. S.

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

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

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1616.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10).

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 25).

  22. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 18). Re-referred to Com. on JUD.

  23. Re-referred to Com. on P. & C.P.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  25. In committee: Hearing postponed by committee.

  26. Re-referred to Com. on P. & C.P.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  28. Referred to Coms. on P. & C.P. and JUD.

  29. From printer. May be heard in committee March 16.

  30. Read first time. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Chau

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

AB 459 CHAU Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 15000
Republican 6000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Voepel — Yea
Wood — Yea
Medina — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Frazier — Yea
Gray — Yea
Harper — Yea
Bocanegra — Yea
Jones-Sawyer — Yea
Rubio — Yea
Kiley — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Melendez — Yea
Mullin — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB459 Chau By Wieckowski

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Moorlach — Yea
Cannella — Yea
Dodd — Yea
De León — Yea
Mitchell — Yea
Atkins — Yea
Allen — Yea
Hernandez — Yea
Bradford — Yea
Leyva — Yea
Morrell — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Beall — Yea
Mendoza — Yea
Monning — Yea
Newman — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 459 CHAU Consent Calendar Second Day

Passed 69 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 49008
Democratic 13003
Republican 7000
Total 690011
% of votes cast 86%0%0%14%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Levine — Yea
Mathis — Yea
Mullin — Not Voting
Nazarian — Yea
Santiago — Not Voting
Steinorth — Yea
Voepel — Yea
Wood — Yea
Eggman — Yea
Baker — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Salas — Yea
Gomez — Yea
Gray — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
Kiley — Yea
Rubio — Yea
Low — Yea
Maienschein — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Friedman — Not Voting
Chau — Not Voting
Holden — Not Voting
Rendon — Not Voting
Cooper — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Not Voting
Gloria — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Gray — Yea
Bocanegra — Yea
Eggman — Yea
Friedman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

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 AB 459 do?
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would specify that the act does not require disclosure of a video or audio recording that was created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence, or child abuse that depicts the face, intimate body part, or voice of a victim of the incident depicted in the recording. The bill would require an agency to justify withholding such a video or audio recording by demonstrating that on the facts of the particular case, the public interest served by not disclosing the recording clearly outweighs the public interest served by disclosure of the recording. The bill would require the agency to consider specified factors when balancing the public interests. The bill would authorize a victim who is a subject of such a recording, the parent or legal guardian of a minor subject, a deceased subject's next of kin, or a subject's legally authorized designee, to be permitted to inspect the recording and to obtain a copy of the recording. By imposing new duties upon local agencies, the bill would impose a state-mandated local program. 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. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 459?
AB 459 is sponsored by Chau.
What is the current status of AB 459?
This bill has been enacted into law. Introduced February 13, 2017. Enacted.
Where can I track AB 459?
Track AB 459 free on One Click Politics — get push/email alerts when it moves.

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