SB 423 California Senate · 2025-2026 Regular Session

California Public Records Act: private detention facilities.

Summary
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. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Jul 2026
Senate Passage
Jun 2025
Assembly Passage
Aug 2026
Governor
Introduced Feb 18, 2025 Last action Aug 30, 2026
Maddy AI version diff · 10 comparisons

What changed between versions

06/18/26 - Amended Assembly 08/13/26 - Amended Assembly · 8 edits · Aug 13, 2026
MODERATE
The August 13, 2026 amendment significantly narrows the bill's scope by removing two entire sections: the amendment to Government Code Section 7922.535 (which had created special time-limit rules for private detention facility records requests) and the amendment to Health and Safety Code Section 25152.5 (which had addressed public records access for a specific department). The core transparency provision (new Section 7923.606) was refined to add stronger redaction protections for whistleblowers and witnesses, limit agencies' ability to redact beyond what is specifically authorized, narrow the scope of covered 'related writings' to law enforcement agencies, and exempt the Attorney General and Department of Justice from the disclosure requirements.
SCOPE

The amendment to Government Code Section 7922.535 was entirely removed. That section had created a special exemption from the standard 10-day response time limit and 14-day extension rules for requests involving private detention facility records under the new Section 7923.606.

The amendment to Health and Safety Code Section 25152.5 was entirely removed. That section had established public records access procedures for a specific state department, including definitions of 'unusual circumstances' and requirements for prompt availability of records.

The category of 'related writings' subject to disclosure was narrowed to apply only to records in the possession of a law enforcement agency, and the description was expanded to explicitly include communications, notes, reports, investigations, or findings related to the report, investigation, or findings of an incident.

A new exemption was added specifying that Section 7923.606 does not apply to the office of the Attorney General or the Department of Justice, meaning those agencies are not required to disclose private detention facility records under this section.

ELIGIBILITY

The redaction requirement in new Section 7923.606 was expanded from protecting only victims/incident experiencers to also protecting any person (including whistleblowers, complainants, or witnesses) when there is a specific, articulable, and particularized reason to believe disclosure would pose a significant danger to their physical safety.

REQUIREMENT

A new limitation on redaction was added: agencies shall not redact records except as specifically required by the victim/incident protection provision or as authorized during an active investigation that would be substantially interfered with. This prevents agencies from making discretionary redactions beyond those two categories.

TECHNICAL

A savings clause was added stating the section shall not be construed to limit, restrict, or reduce any public right of access to records or information provided by any other law.

Coauthorship changed: Assembly Member McKinnor was removed as principal coauthor, and Senators Durazo and Perez were added as coauthors alongside Senator Menjivar.

Floor votes · Senate Jun 4, 2025 · Assembly Aug 31, 2026

How they voted

390
Passed · 1 other
Total votes 40
Jun 4, 2025
D Democratic30
29 Yea 1
96% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
53
Key actions
21
Committee
10
Amendments
14
Aug 31, 2026
Assembly · Passed
Assembly Vote: pass (58-16-4)
assembly
Aug 30, 2026
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 30, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate.
lower
Aug 20, 2026
Lower · Passed
Read third time and amended.
lower
Aug 13, 2026
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 13, 2026
Lower · Passed
From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 13).
lower
Jul 1, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (June 30). Re-referred to Com. on APPR.
lower
Jun 18, 2026
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 15, 2026
Committee
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
lower
Jun 11, 2026
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
lower
Sep 10, 2025
Committee
Re-referred to Com. on L. GOV. pursuant to Assembly Rule 77.2.
lower
Sep 9, 2025
Lower · Passed
Read third time and amended.
lower
Sep 2, 2025
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 29, 2025
Lower · Passed
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).
lower
Jul 15, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (July 14). Re-referred to Com. on APPR.
lower
Jul 2, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on NAT. RES. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on NAT. RES.
lower
Jun 16, 2025
Committee
Referred to Coms. on PUB. S. and NAT. RES.
lower
Jun 4, 2025
Upper · Passed
Read third time. Passed. (Ayes 39. Noes 0. Page 1503.) Ordered to the Assembly.
upper
May 23, 2025
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 23, 2025
Upper · Passed
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1199.) (May 23).
upper
May 5, 2025
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
May 1, 2025
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 969.) (April 30).
upper
Apr 24, 2025
Upper · Passed
April 28 hearing postponed by committee.
upper
Apr 23, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on N.R. & W. (Ayes 5. Noes 1. Page 841.) (April 22). Re-referred to Com. on N.R. & W.
upper
Apr 2, 2025
Committee
Re-referred to Coms. on PUB. S. and N.R. & W.
upper
Mar 26, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 26, 2025
Committee
Referred to Com. on RLS.
upper
Feb 18, 2025
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 4 co-sponsors

Sponsors