California Penal Code 11163.73 – (a) An organization represented on the homeless death review …
(a) An organization represented on the homeless death review committee may share with other members of the committee information in its possession concerning the decedent who is the subject of the review or any person who was in contact with the decedent and any other information deemed by the organization to be pertinent to the review. Information shared by an organization with other members of a team is confidential. The intent of this subdivision is to permit the disclosure to members of the committee of any information deemed confidential, privileged, or prohibited from disclosure by any other law.
(b) (1) Written and oral information may be disclosed to a homeless death review committee established pursuant to this article. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (3) may rely on the request in determining whether information may be disclosed to the team.
Terms Used In California Penal Code 11163.73
- Decedent: A deceased person.
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
(2) An individual or agency that has information governed by this article shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.
(3) The following information may be disclosed pursuant to this article:
(A) Notwithstanding § 56.10 of the Civil Code, medical information.
(B) Notwithstanding § 5328 of the Welfare and Institutions Code, mental health information.
(C) State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300.
(D) Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct.
(E) Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10, as well as the information on which these reports are based.
(F) Notwithstanding § 10850 of the Welfare and Institutions Code, public social services information for which grants-in-aid are received by this state from the United States government.
(G) Notwithstanding § 14100.2 of the Welfare and Institutions Code, Medi-Cal information.
(H) Notwithstanding § 17006 of the Welfare and Institutions Code, general relief information.
(I) Notwithstanding Sections 15633 and 15633.5 of the Welfare and Institutions Code, reports of suspected elder or dependent adult abuse and the information contained therein, and information relevant to the incident of abuse, except the identity of persons who have made reports, which shall not be disclosed.
(c) Written and oral information may be disclosed under this section notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, and the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code.
(Added by Stats. 2023, Ch. 135, Sec. 1. (AB 271) Effective January 1, 2024.)