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CA AB268

Bill

Status

Engrossed

5/27/2021

Primary Sponsor

Jacqui Irwin

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Court must seal autopsy reports and examination evidence upon request of a qualifying family member when a victim of any age was killed by criminal act and either: a person was convicted and sentenced, a person was found to have committed the offense in juvenile court, or all persons who could have been prosecuted have died.

  • Expands the definition of "qualifying family member" to include next of kin, personal representative, child, grandparent, grandchild, sibling, and domestic partner, in addition to biological or adoptive parent, spouse, and legal guardian.

  • Excludes from sealing protections persons killed by use of force by a peace officer or custodial officer, and children under 18 who were dependents or wards of the juvenile court or residing in juvenile facilities.

  • Allows court to review autopsy reports and evidence in camera to evaluate sealing requests, and permits disclosure to law enforcement, prosecutors, defense teams, and civil litigants with court order for specific purposes.

  • Establishes procedure for conflicting requests between qualifying family members regarding whether to seal records, requiring court hearing to consider interests of all family members and other relevant factors.

Legislative Description

Courts: sealing records: autopsy reports.

Last Action

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

3/7/2022

Committee Referrals

Public Safety6/9/2021
Rules5/28/2021
Appropriations4/26/2021
Privacy and Consumer Protection4/7/2021
Public Safety1/28/2021

Full Bill Text

No bill text available