HomeMy WebLinkAboutMINUTES - 01051993 - 1.45 Nft
>. YS
TO: BOARD OF SUPERVISORS s Contra
FROM: Phil Batchelor, County Administrator .:, Costa
County
:, 40
DATE: December 28, 1992
SUBJECT: AMENDMENT TO THE BOARD'S 1993 LEGISLATIVE PROGRAM
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Amend the Board' s 1993 Legislative Program to eliminate further
consideration of Item #18, having to do with protecting the
identity of victims and witnesses to crimes .
BACKGROUND:
The Board of Supervisors ' 1993 Legislative Program as adopted on
December 8, 1992, included sponsorship of a measure which would
require the District Attorney to mask the name, address and
telephone number of victims and witnesses before filing a criminal
complaint with the court to the same extent law enforcement
agencies were required to do so by Chapter 3, Statutes of 1992 .
Current law requires law enforcement agencies to mask out the name,
address and telephone number of victims and witnesses to certain
crimes before furnishing police reports to a defendant. However,
the copy of the police report which is furnished to the District
Attorney and which is subsequently furnished to the court with the
criminal complaint still has this identifying information. The
court does not believe it is appropriate for it to mask this
information after receiving it since to do so changes the documents
which the courts is required to maintain in the manner in which
they were filed with the court. Law enforcement agencies cannot
mask the copy which goes to -the District Attorney, since to do so
would deprive the District Attorney of information vital to the
prosecution of the case. Therefore, the only way in which it
appears possible to keep this information from a defendant is for
the District Attorney to mask the name, address and telephone
number of victims and witnesses before the criminal complaint is
filed with the court.
CONTINUED ON ATTACHMENT: _X-YES SIGNATURE:Z&�Zt,$,��7
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATUREISI:
ZIP
ACTION OF BOARD ON .5 , 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
Contact: County Administrator PH ATCHELOR.CLE K F THE OARD OF
cc: Municipal Court Administrator SUP VISORS AND COUNTY ADMINISTRATOR
District Attorney
George Roemer, Senior Deputy County Administrator
Les Spahnn, SRJ. Jackson, Barish &YAsseeiates /`G` CL.DEPUTY
t/ C_p
The Municipal Court Administrator has advised the County
Administrator' s Office that the District Attorney has agreed to
mask the names and addresses of victims and witnesses when
necessary to protect their identity. The Municipal Court has,
therefore, dropped their request that the Board of Supervisors
sponsor this particular legislation. It is, therefore, recommended
that the Board of Supervisors terminate further consideration of
this legislation.
9
i
-2-