CaliforniaCalifornia Public Records Act: private detention facilities.
What it does
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.
More detail
This bill would specify that a recording of a call or a written communication that is maintained by a state or local agency that reports or describes an incident, as defined, occurring at a private detention facility, and specified records relating to that call or communication in the possession of a law enforcement agency, 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 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, but would specify that those requirements do not apply to the office of the Attorney General, the Department of Justice, the Department of Consumer Affairs, or any state entity within the Department of Consumer Affairs, as specified.
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.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 29Chaptered by Secretary of State. Chapter 751, Statutes of 2026.Latest
- Sep 29Approved by the Governor Gavin Newsom.Became Law
- Sep 9Enrolled and presented to the Governor at 2 p.m.To Governor
- Aug 31Assembly amendments concurred in. (Ayes 30. Noes 10.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB423 Gonzalez et al. Concurrence. Result: pass.Upper
- Vote recorded SB 423 Gonzalez Senate Third Reading By Ortega. Result: pass.Lower
- Aug 30In Senate. Concurrence in Assembly amendments pending.
- Aug 30Read third time. Passed. (Ayes 58. Noes 16. Page 6941.) Ordered to the Senate.Passed Assembly
- Aug 20Ordered to third reading.Minor
- Aug 20Read third time and amended.Major
- Aug 17Read second time. Ordered to third reading.Minor
- Aug 13Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Aug 13From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 13).Major
- Aug 13Assembly Rule 63 suspended.
- Aug 5August 5 set for first hearing. Placed on suspense file.
- Jul 1From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (June 30). Re-referred to Com. on APPR.Minor
- Jul 1Coauthors revised.
- Jun 30
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 18From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.Major
- Jun 15Re-referred to Com. on JUD. pursuant to Assembly Rule 96.Minor
- Jun 11From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.Major
- 2025
- Sep 11(Corrected September 30).
- Sep 11September 11 set for first hearing canceled at the request of author.
- Sep 10Joint Rule 62(a) suspended.
- Sep 10Re-referred to Com. on L. GOV. pursuant to Assembly Rule 77.2.Minor
- Sep 9Ordered to third reading.Minor
- Sep 9Read third time and amended.Major
- Sep 9Joint Rule 61(a)(13) suspended. (Ayes 60. Noes 20. Page 3128.)
- Sep 8Ordered to third reading.Minor
- Sep 8From inactive file.
- Sep 8Assembly Rule 78 suspended.
- Sep 4Ordered to inactive file on request of Assembly Member Aguiar-Curry.
- Sep 3Read second time. Ordered to third reading.Minor
- Sep 2Read second time and amended. Ordered to second reading.Major
- Aug 29From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Aug 20August 20 set for first hearing. Placed on APPR. suspense file.
- Jul 15From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (July 14). Re-referred to Com. on APPR.Minor
- Jul 14
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Jul 2From committee: Do pass and re-refer to Com. on NAT. RES. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on NAT. RES.Minor
- Jul 1
- Vote recorded Do pass and be re-referred to the Committee on [Natural Resources] with recommendation: To Consent Calendar. Result: pass.Lower
- Jun 16Referred to Coms. on PUB. S. and NAT. RES.Minor
- Jun 5In Assembly. Read first time. Held at Desk.Minor
- Jun 4Read third time. Passed. (Ayes 39. Noes 0. Page 1503.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading SB423 Smallwood-Cuevas. Result: pass.Upper
- May 27Read second time. Ordered to third reading.Minor
- May 23Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- May 23From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1199.) (May 23).Major
- May 16Set for hearing May 23.
- May 12May 12 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- May 6Set for hearing May 12.
- May 5Read second time and amended. Re-referred to Com. on APPR.Major
- May 1From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 969.) (April 30).Major
- Apr 30
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Apr 25Set for hearing April 30.
- Apr 24April 28 hearing postponed by committee.
- Apr 24Set for hearing April 28.
- Apr 23From committee: Do pass and re-refer to Com. on N.R. & W. (Ayes 5. Noes 1. Page 841.) (April 22). Re-referred to Com. on N.R. & W.Minor
- Apr 22
- Vote recorded Do pass, but first be re-referred to the Committee on [Natural Resources and Water]. Result: pass.Upper
- Apr 9Set for hearing April 22.
- Apr 2Re-referred to Coms. on PUB. S. and N.R. & W.Minor
- Mar 26From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.Major
- Feb 26Referred to Com. on RLS.Minor
- Feb 19From printer. May be acted upon on or after March 21.
- Feb 18Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced