What’s public information? The California Public Records Act as it pertains to law enforcement

The California Public Records Act, codified in the California Government Code, lists lots information that local and state law enforcement agencies are required to release publicly, unless they cite the specific exemptions. Law enforcement agencies are permitted, for example, to withhold information if they determine the release of that information, “would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation.” When law enforcement agencies declined to provide the information defined as releasable in this section, they are required by law to provide the reason the information is being withheld.

Release of Public Information by State/Local Law Enforcement Agencies — California Government Code 6254(f)

Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation (G.C. 6254(f)):

*The time, substance, and location of all complaints or requests for assistance received by the agency

*The time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded

*The time, date, and location of occurrence

*The time and date of the report

*The name and age of the victim (Subject to the restrictions of secions 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the California Penal Code)

*The factual circumstances surrounding the crime or incident

*A general description of any injuries, property, or weapons involved

*The full name and occupation of every individual arrested by the agency

*The individual’s physical description including date of birth, color of eyes and hair, sex, height and weight

*The time and date of arrest

*The time and date of booking

*The location of the arrest

*The factual circumstances surrounding the arrest

*The amount of bail set

*The time and manner of release or the location where the individual is currently being held.

*All charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.

* The current address of every individual arrested by the agency and the current address of the victim of a crime (Subject to the restrictions of Section 841.5, 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6)

***Raw text: (emphasis added)***

Excerpt, California Government Code 6254(f), 6254(f)(1), 6254(f)(2):

Notwithstanding any other provision of this subdivision, state and

local law enforcement agencies shall make public the following

information, except to the extent that disclosure of a particular

item of information would endanger the safety of a person involved in

an investigation or would endanger the successful completion of the

investigation or a related investigation:

(1) The full name and occupation of every individual arrested by

the agency, the individual’s physical description including date of

birth, color of eyes and hair, sex, height and weight, the time and

date of arrest, the time and date of booking, the location of the

arrest, the factual circumstances surrounding the arrest, the amount

of bail set, the time and manner of release or the location where the

individual is currently being held, and all charges the individual

is being held upon, including any outstanding warrants from other

jurisdictions and parole or probation holds.

(2) Subject to the restrictions imposed by Section 841.5 of the

Penal Code, the time, substance, and location of all complaints or

requests for assistance received by the agency and the time and

nature of the response thereto, including, to the extent the

information regarding crimes alleged or committed or any other

incident investigated is recorded, the time, date, and location of

occurrence, the time and date of the report, the name and age of the

victim, the factual circumstances surrounding the crime or incident,

and a general description of any injuries, property, or weapons

involved. The name of a victim of any crime defined by Section 220,

236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,

266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,

288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as

added by Section 6 of Proposition 83 of the November 7, 2006,

statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,

646.9, or 647.6 of the Penal Code may be withheld at the victim’s

request, or at the request of the victim’s parent or guardian if the

victim is a minor. When a person is the victim of more than one

crime, information disclosing that the person is a victim of a crime

defined in any of the sections of the Penal Code set forth in this

subdivision may be deleted at the request of the victim, or the

victim’s parent or guardian if the victim is a minor, in making the

report of the crime, or of any crime or incident accompanying the

crime, available to the public in compliance with the requirements of

this paragraph.

(3) Subject to the restrictions of Section 841.5 of the Penal Code

and this subdivision, the current address of every individual

arrested by the agency and the current address of the victim of a

crime, where the requester declares under penalty of perjury that the

request is made for a scholarly, journalistic, political, or

governmental purpose, or that the request is made for investigation

purposes by a licensed private investigator as described in Chapter

11.3 (commencing with Section 7512) of Division 3 of the Business and

Professions Code. However, the address of the victim of any crime

defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,

266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,

285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the

Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of

the November 7, 2006, statewide general election), 288.5, 288.7, 289,

422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain

confidential. Address information obtained pursuant to this

paragraph may not be used directly or indirectly, or furnished to

another, to sell a product or service to any individual or group of

individuals, and the requester shall execute a declaration to that

effect under penalty of perjury. Nothing in this paragraph shall be

construed to prohibit or limit a scholarly, journalistic, political,

or government use of address information obtained pursuant to this

paragraph.

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