§ 7923.750. — 7923.750. (Added by Stats. 2021, Ch. 614, Sec. 2.)

California § 7923.750.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 10.
• Title 1.: DIVISION 10. ACCESS TO PUBLIC RECORDS
• Part 5.: PART 5. SPECIFIC TYPES OF PUBLIC RECORDS
• Ch. 1.: CHAPTER 1. Crimes, Weapons, and Law Enforcement
• Art. 4.: ARTICLE 4. Records Specifically Relating to Crime Victims

Text

(a)
This division 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. An agency shall justify withholding that type of video or audio recording by demonstrating, pursuant to Section 7922.000 and subdivision (a) of Section 7922.540, 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.
(b)
When balancing the public interests as required by this section, an agency shall
consider both of the following:
(1)
The constitutional right to privacy of the person or persons depicted in the recording.
(2)
Whether the potential harm to the victim caused by disclosing the recording may be mitigated by redacting the recording to obscure images showing intimate body parts and personally identifying characteristics of the victim or by distorting portions of the recording containing the victim’s voice, provided that the redaction does not prevent a viewer from being able to fully and accurately perceive the events captured on the recording. The recording shall not otherwise be edited or altered.
(c)
A victim of a crime described in subdivision (a) who is a subject of 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, shall be permitted to inspect the recording and to obtain a copy of the recording. Disclosure under this subdivision does not require that the record be made available to the public pursuant to Section 7921.505.
(d)
Nothing in this section shall be construed to affect any other exemption provided by this division.

Legislative History

Added by Stats. 2021, Ch. 614, Sec. 2. (AB 473) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 7931.000.