CPRA Primer: Required Law Enforcement Disclosure

CPRA-Public Records ActVI. Disclosure of law enforcement information required under 6254.

A.    Information required to be disclosed upon the arrest of an individual or individuals.

1.     To whom the information must be disclosed: The public.

2.     Information which must be disclosed:

      • Full name, current address and occupation of individual arrested;
      • Physical description of the arrested individual including date of birth, color of eyes and hair, sex, height and weight;
      • The time and date of the 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 upon which the individual is being held, including any outstanding warrants from other jurisdictions and parole or probation holds.

3.     Exceptions to the obligations to disclose the information. A particular item of information otherwise required to be disclosed may be withheld if; Disclosure of that information would endanger the safety of a person involved in an investigation; or Disclosure of that information would endanger the successful completion of the investigation or a related investigation.

B.    Information required to be disclosed regarding complaints or requests for assistance received by the agency

1.     To whom the information must be disclosed: The public

2.     Information that must be disclosed:

      • The time, substance and location of all complaints or requests for assistance;
      • The time and nature of the response thereto;
      • If information regarding crimes alleged or committed, or any other incident investigated, is recorded:
      •  The time, date and location of occurrence of the alleged crime or other incident;
      • The time and date of the report;
      • The name, age and current address of the victim except that: (1) the address of a victim of certain crimes involving sexual assault, unjustifiable punishment of a child, interference with exercise of civil rights, or corporal injury shall not be disclosed; and (2) the name of a victim of those same crimes may be withheld at the request of the victim or the parents or guardian if the victim is minor.

3.     Exceptions to the obligations to disclose the information. A particular item of information otherwise required to be disclosed may be withheld if: Disclosure of that information would endanger the safety of a person involved in an investigation; or Disclosure of that information would endanger the successful completion of the investigation or a related investigation.

C.   Information required to be disclosed regarding incidents caused by arson, burglary, fire, explosion, larceny, robbery, vandalism, vehicle theft, or a crime as defined by Government Code section 13960(c)

1.     To whom the information must be disclosed:

        • The victims of the incident or their authorized representative;
        • An insurance carrier against which a claim has been or might be made as a result of the incident; and
        • Any person suffering bodily injury or property damage or loss as a result of the incident.

2.     Information that must be disclosed:

      • Names and addresses of persons involved in incident;
      • Names and addresses of witnesses (other that confidential informants) to the incident;
      • The description of any property involved;
      • The date, time and location of the incident;
      • All diagrams of the incident;
      • Statements of the parties involved in the incident; and
      • The statements of all witnesses (other than confidential informants).

3. Exceptions to the obligation to disclose the specified information: Any or all of the above information may be withheld if:

      • Disclosure would endanger a witness or other person involved in the investigation; or
      • Disclosure would endanger the successful completion of the investigation or a related investigation.

That portion of investigative files which reflects the analysis or conclusions of the investigating officer need not be disclosed.

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