20250SB__042392AMD INTRODUCED 2025-02-18 AMENDED_SENATE 2025-03-26 AMENDED_SENATE 2025-05-05 AMENDED_SENATE 2025-05-23 AMENDED_ASSEMBLY 2025-09-02 AMENDED_ASSEMBLY 2025-09-09 AMENDED_ASSEMBLY 2026-06-11 AMENDED_ASSEMBLY 2026-06-18 REVISED 2026-07-01 2025 SB AMD Introduced by Senator Gonzalez (Principal coauthor: Assembly Member McKinnor)</caml:AuthorText>"?> (Coauthor: Senator Menjivar) (Coauthor: Assembly Member Kalra) LEAD_AUTHOR SENATE Gonzalez <caml:Contribution>PRINCIPAL_COAUTHOR</caml:Contribution><caml:House>ASSEMBLY</caml:House><caml:Name>McKinnor</caml:Name></caml:Legislator>"?> COAUTHOR SENATE Menjivar COAUTHOR ASSEMBLY Kalra

An act to amend

Section 7923.600 of, and to add

Section 7923.606 to, the Government Code, relating to public records. public records California Public Records Act: private detention facilities. Existing law, the California Public Records Act, requires each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, to make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable, except with respect to public records exempt from disclosure by express provisions of law.

Existing law requires, upon request, an exact copy to be provided unless it is impracticable to do so. This bill would specify that certain records maintained by a state or local agency that relate to private detention facilities, as defined, including any audio or video recording of any telephonic or other call that reports or describes an incident, as defined, occurring at a private detention facility, are not confidential, and would require an agency to disclose those records upon request to any member of the public.

By requiring agencies to disclose certain records to the public, the bill would increase the duties of local officials and create a state-mandated local program. Existing law requires each agency, within days of a request for a copy of records, to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person of the determination and the reasons therefor.

If the agency determines that the request seeks disclosable public records, existing law requires the agency to also state the estimated date and time when the records will be made available. Existing law authorizes that time limit to be extended by no more than days under unusual circumstances, as defined. </xhtml:p><xhtml:p>This bill would exempt the above-described records relating to private detention facilities from those provisions.

The bill would correct an erroneous cross-reference related to those provisions.</xhtml:p>"?> Existing law specifies that, except as provided, the act does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.

This bill would also except the above-described requirements relating to records relating to private detention facilities from that provision. 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.

MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows: <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'7922.535.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 7922.535 of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_C26A8819-054F-4A20-A0AC-83E9419609F2"><caml:Num>7922.535.</caml:Num><caml:LawSectionVersion id="id_EED8D4D9-813D-4707-8AA8-F2445FD5A2EC"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Each agency, upon a request for a copy of records, shall, within days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor.

If the agency determines that the request seeks disclosable public records, the agency shall also state the estimated date and time when the records will be made available.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>In unusual circumstances, the time limit prescribed in this

article and

Article 1 (commencing with

Section 7922.500) may be extended by written notice from the head of the agency or a designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. The notice shall not specify a date that would result in an extension for more than days.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>This

section shall not apply to a request for records described in

Section 7923.606. </xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>The inability of the agency, because of a cyberattack, to access its electronic servers or systems in order to search for and obtain a record that the agency believes is responsive to a request and is maintained on the servers or systems in an electronic format.</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>This paragraph does not relieve the agency of its obligation to comply with subdivision (

a) when the requested record is maintained in a location other than on the electronic server or system affected by the cyberattack, or maintained in a nonelectronic format.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>This paragraph applies only until the agency regains its ability to access its electronic servers or systems and search for and obtain electronic records that may be responsive to a request.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>The need to search for, collect, and appropriately examine records during a state of emergency proclaimed by the Governor in the jurisdiction where the agency is located when the state of emergency currently and directly affects, due to the state of emergency, the agency’s ability to timely respond to requests due to staffing shortages or closure of facilities where the requested records are located.</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>This paragraph shall not apply to a request for records created during and related to the state of emergency proclaimed by the Governor.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>For purposes of this paragraph, “state of emergency” means a state of emergency proclaimed pursuant to

Section of the California Emergency Services Act (Chapter 7 (commencing with

Section 8550) of Division of Title 2).</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>

SECTION

Section 7923.600 of the Government Code is amended to read: 7923.600. (

a) Except as provided in Sections 7923.606, 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. (

b) A customer list that an alarm or security company provides to a state or local police agency at the agency’s request is a record subject to this article.

SEC.

Section 7923.606 is added to the Government Code , to read: 7923.606. (

a) Notwithstanding any other law, all of the following records maintained by a state or local agency shall not be confidential and an agency shall disclose those records upon request to any member of the public:

(1) Any recording of any telephonic or other call to the agency that reports or describes an incident occurring at a private detention facility, or any transcript of any such recording.

(2) Any written communication to the agency that reports or describes any incident occurring at a private detention facility. (3) (

A) Any writing related to a recording or any transcript described in paragraph (1) or a written communication described in paragraph (2), including, but not limited to, any communications, notes, reports, investigations, or findings, except as provided in subparagraph (B). (

B) Subparagraph (

A) shall not require an agency to disclose a writing or portion of a writing during an active investigation being conducted by the agency that received the request if the disclosure would substantially interfere with the investigation, including by endangering the safety of a witness or a confidential source. (

C) This paragraph does not authorize withholding any of the following: (

i) An audio or video recording or transcript described in paragraph (1) or any portion thereof. (ii) A written communication described in paragraph (2) or any portion thereof. (

b) An agency shall redact any record disclosed pursuant to this

section to remove the name or identifying number of a person who reportedly experienced an incident or was the victim of a crime listed in paragraph (1) of subdivision (

b) of

Section 7923.615. (

c) For purposes of this section, both of the following

definitions shall apply: (1) “Incident” means any mental or physical illness or injury, any attempted suicide, any alleged crime, or any emergency. (2) “Private detention facility” has the same meaning as that term is defined in

Section 7320. <caml:Num>SEC. 4.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'25152.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 25152.5 of the <caml:DocName>Health and Safety Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_957EDE8B-90AD-4D73-9403-3A9419069E45"><caml:Num>25152.5.</caml:Num><caml:LawSectionVersion id="id_3C6E5B22-0AEF-4F42-BED2-0736AB02B067"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>For purposes of this section, the following

definitions apply:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>“Unusual circumstances” means only the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>The need to consult with another agency having a substantial interest in the determination of whether to respond to the request.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>“Public records” means any public record, as defined in

Section 7920.530 of the Government Code, of the department relating to this chapter,

Chapter 6.7 (commencing with

Section 25280), or

Part 2 (commencing with

Section 78000) of Division 45. “Public records” includes unprinted information relating to this chapter,

Chapter 6.7 (commencing with

Section 25280), or

Part 2 (commencing with

Section 78000) of Division that is stored in data or word processing equipment either owned by an employee and located on premises under control of the department or owned by the department.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Notwithstanding any other provision of law, the department shall not limit the hours during the normal working day or limit the number of working days during which public records are open for inspection.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Notwithstanding any other provision of law, the department shall make public records that are not exempt from disclosure by law, including Division 10 (commencing with

Section 7920.000) of Title of the Government Code, promptly available to any person, within the time limits specified in subdivision (

a) of

Section 7922.535 of the Government Code, upon payment of a fee established by the department to cover the direct costs of duplication, as specified in subdivision (f).

In addition, a person requesting copies by mail may be required to pay the mailing costs.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>If any portion of a record is exempt from disclosure, the part that is not exempt shall be provided as prescribed in this section.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>Any person may request access to, or copies of, public records of the department in person or by mail.

A request shall reasonably describe an identifiable record or information to be produced therefrom.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>If the department determines that an unusual circumstance exists, the department shall comply with the notification procedures and the time limits specified in

Section 7922.535 of the Government Code.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>The department shall, upon request, provide any person with the facts upon which it bases its determination of the direct costs of copying for each page that is requested.

The department shall not impose a minimum fee for a copy of a public record that is greater than its direct per page copying costs and the department shall not impose limits on the types or amounts of public records that the department will provide to persons requesting these records, upon payment of any fees covering the direct costs of duplication by the department.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>This

section does not authorize the department, or any employee of the department, to delay access for purposes of inspecting or obtaining copies of public records, unless there are unusual circumstances.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>Any denial of a request for records shall set forth in writing the reasons for the denial and the names and titles or positions of each person responsible for the denial. This written response shall be provided to the requester within five working days of the denial.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>

SEC. 3. The Legislature finds and declares that this act furthers, within the meaning of paragraph (7) of subdivision (

b) of

Section of

Article I of the California Constitution, the purposes of that constitutional

section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (

b) of

Section of

Article I of the California Constitution, the Legislature makes the following findings: This act ensures the public’s right to know the frequency and substance of complaints and calls for assistance made by or on behalf of vulnerable individuals held in private detention facilities, who are exposed to significant risk of sexual assault or other abuses. Public access to these records is especially important in light of reports that some law enforcement agencies have allowed the management of private detention facilities to determine whether and how those complaints or calls for assistance are investigated.

SEC. 4. No reimbursement is required by this act pursuant to

Section of

Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (

b) of

Section of

Article I of the California Constitution. REVISIONS: Heading—Lines and 3.