HB 1642

This bill extends certain provisions of the open records law that originally were set to repeal, as described below. MINOR STUDENT RECORDS Present law provides that a record of a minor student attending an institution of secondary or elementary education that is created by a school resource or other law enforcement officer, or that is maintained by a law enforcement agency as the result of an incident involving the min or that occurred on school property and did not result in a charge of delinquency is confidential and not open to public inspection unless any of the following circumstances exist:  The person requesting the information obtains consent from the minor's parent or guardian .  The request is made subject to a court order .  A law enforcement officer of another jurisdiction requests the record when necessary for the discharge of the law enforcement officer's official duties. These provisions were originally set to terminate July 1, 2026, but this bill removes the termination language. INFORMATION FROM A MOTOR VEHICLE ACCIDENT REPORT Present law provides that, generally, personally identifying information of any person named in any motor vehicle accident report is confidential and not open for public inspection. However, such information can be given in the following circumstances:  U pon written request, a motor vehicle accident report containing personal identifying information of persons involved in the accident may be given t o (i) a ny person named in the motor vehicle accident report; (ii) a n agent, legal representative, or attorney of any person or property owner named in the motor vehicle accident report, with certification of permission from the person the agent, legal representative, or attorney represents; (iii) the owner of any real property listed in the report; or (iv) any person or entity authorized to obtain motor vehicle records information pursuant to other law.  A ny federal, state, or local governmental agency, or any private person or entity acting on behalf of a federal, state, or local governmental agency, may use personally identifying information in carrying out the agency's functions .  A law enforcement entity may release information about traffic accidents to the public, including the name, age, and county or city of residence of a person involved in an accident, when the law enforcement entity determines such release is in the best interest of the agency and for the public good. These provisions were originally set to terminate June 30, 2026, but this bill removes the termination language. CAPTURED PLATE DATA Present law requires c aptured plate data from automatic license plate reader systems to be treated as confidential and to not be open for inspection by members of the public. This provision was originally set to terminate July 1, 2026, but this bill removes the termination language. FEDERAL LAW ENFORCEMENT AGENT OR OFFICER INFORMATION Present law provides that certain records or information of any federal law enforcement agent or officer conducting an operation in this state, in the possession of a governmental entity or any person in its capacity as an employer , must be treated as confidential and not be open for inspection by members of the public . Such information, including social security numbers and home phone numbers, must be redacted wherever possible . However, these provisions do not limit or deny access to otherwise public i nformation because a file, a document, or data file contains confidential information. Further, there are certain exemptions, including law enforcement agencies, courts, and other governmental agencies needing access to such records. The provisions of such law regarding information of federal law enforcement agents or officers conducting an operation in this state were set to repeal effective July 1, 2026 , but this bill removes the repeal language. BODY CAMERA VIDEOS Present law provides that video taken by a law enforcement body camera that depicts the following must be treated as confidential and not subject to public inspection:  Minors, when taken within a school that serves any grades from K-12 , child care agenc y, child care program , preschool , or nursery school .  The interior of certain facilit ies licensed by the department of health or the department of mental health and substance abuse services .  The interior of a private residence that is not being investigated as a crime scene. However, there are exemptions, including the district attorney general or attorney general and counsel for a defendant charged with a criminal offense from providing to each other in a pending criminal case or appeal, where the constitutional rights of the defendant require it, information that otherwise may be held confidential. These provisions were originally set to terminate July 1, 2027, but this bill removes the termination language.