CA SB 761

Title: Department of Justice: civil rights investigations.
Author: John Laird

Summary
SB 761, as amended, Laird. Department of Justice: civil rights investigations. Existing law sets forth various civil rights and provides a cause of action for a violation of those rights, as specified. Existing law authorizes the Attorney General to bring a civil action for injunctive and other appropriate relief in order to protect the rights, privileges, or immunities secured or protected by the Constitution or laws of the United States or by the Constitution or laws of California. This bill would provide that the Attorney General is authorized to conduct an investigation when the Attorney General deems it necessary to determine whether any person or entity has violated or is about to violate the civil rights laws of California or of the United States, or to aid in enforcing these laws. The bill would provide that the Attorney General is authorized to publish findings, data, or preliminary conclusions concerning the determination that a violation has occurred, as specified.Existing law authorizes the head of a state department, in connection with an investigation of unlawful activity, to promulgate interrogatories, inspect books and records, and issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, any other writing, and testimony. Existing law authorizes the department head to provide information and evidence related to the investigation to the Attorney General if they agree to maintain the confidentiality of the information. Existing law makes it a misdemeanor for information obtained during an investigation to be disclosed, except as prescribed. Existing law authorizes the head of a state department to petition the superior court in the appropriate county to enforce a subpoena under these provisions.This bill would provide that the Attorney General, in connection with a civil rights investigation, may interview witnesses, take evidence, promulgate interrogatories, and obtain physical access to, and copies of, written records from the subject of an investigation. The bill would provide that the Attorney General, their employees, and any agents or experts contracted with the Department of Justice, may review the information obtained during the course of the investigation. The bill would provide the subject of an investigation a specified process for asserting that a document, or information in a document, may be withheld on the basis of the attorney-client privilege or attorney work-product doctrine.This bill would authorize the Attorney General to apply for an order from the superior court to compel a witness to comply with a subpoena or produce documents or information that are being improperly withheld under the attorney-client privilege or attorney work-product doctrine, and would deem a witness’ failure to comply with the court’s order punishable as contempt. This bill would also require a court to award the Attorney General reasonable attorney’s fees and costs if the court finds that the refusal to obey a properly issued subpoena or the withholding of documents or information by a subject of an investigation was frivolous or was based on a legal theory advanced in bad faith.By expanding the number or persons having access to protected records, and thereby expanding the scope of the crime of unauthorized disclosure, this bill would impose a state-mandated local program.Existing law limits the Attorney General’s right to conduct an investigation of a nonprofit religious corporation.This bill would authorize the Attorney General to conduct an investigation of a nonprofit religious corporation and to obtain judicial relief necessary to address civil rights issues, including, but not limited to, the abuse and neglect of children.Existing law establishes procedures for the reporting and investigation of suspected child abuse or neglect.This bill would provide that, upon request from the Attorney General, any person or agency in possession of specified reports and records r

Status
Returned to Secretary of Senate pursuant to Joint Rule 56.

Bill Documents
CA SB 761 - 05/02/23 - Amended Senate
05/02/23 - CA SB 761 (05/02/23 - Amended Senate)