California Government Code

§ 7923.750

GOV § 7923.750 Effective Jan 1, 2022Div. 10 · Title 1 · Part 5 · Ch. 1 · Art. 4

Statute 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.

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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.