SB 423: California Public Records Act: private detention facilities.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law, the California Public Records Act, requires each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, to make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable, except with respect to public records exempt from disclosure by express provisions of law. Existing law requires, upon request, an exact copy to be provided unless it is impracticable to do so.

This bill would specify that a recording of a call or a written communication that is maintained by a state or local agency that reports or describes an incident, as defined, occurring at a private detention facility, and specified records relating to that call or communication in the possession of a law enforcement agency, are not confidential, and would require an agency to disclose those records upon request to any member of the public. By requiring agencies to disclose certain records to the public, the bill would increase the duties of local officials and create a state-mandated local program.

Existing law specifies that, except as provided, the act does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.

This bill would also except the above-described requirements relating to records relating to private detention facilities from that provision, but would specify that those requirements do not apply to the office of the Attorney General, the Department of Justice, the Department of Consumer Affairs, or any state entity within the Department of Consumer Affairs, as specified.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

Sponsors

Sponsors by party (alphabetical): Democratic 5

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 29, 2026Chaptered by Secretary of State. Chapter 751, Statutes of 2026.
2. September 29, 2026Approved by the Governor.
3. September 9, 2026Enrolled and presented to the Governor at 2 p.m.
4. August 31, 2026Assembly amendments concurred in. (Ayes 30. Noes 10.) Ordered to engrossing and enrolling.
5. August 30, 2026In Senate. Concurrence in Assembly amendments pending.
6. August 30, 2026Read third time. Passed. (Ayes 58. Noes 16. Page 6941.) Ordered to the Senate.
7. August 20, 2026Ordered to third reading.
8. August 20, 2026Read third time and amended.
9. August 17, 2026Read second time. Ordered to third reading.
10. August 13, 2026Read second time and amended. Ordered to second reading.
11. August 13, 2026From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 13).
12. August 13, 2026Assembly Rule 63 suspended.