Laserfiche WebLink
STATE OF CALIFORNIA <br />AUTHENTICATED <br />ELECTRONIC LEGAL MATERIAL <br /> <br />State of California <br />EVIDENCE CODE <br />Section 1040-1047 <br /> <br /> <br />Evidence Code - EVID <br />DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. <br />299. ) <br />CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. <br />1965, Ch. 299. ) <br /> <br />ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article <br />9 enacted by Stats. 1965, Ch. 299. ) <br /> <br />1040. (a) As used in this section, “official information” means information <br />acquired in confidence by a public employee in the course of his or her duty and <br />not open, or officially disclosed, to the public prior to the time the claim of <br />privilege is made. <br />(b) A public entity has a privilege to refuse to disclose official information, and to <br />prevent another from disclosing official information, if the privilege is claimed by a <br />person authorized by the public entity to do so and either of the following apply: <br />(1) Disclosure is forbidden by an act of the Congress of the United States or a <br />statute of this state. <br /> <br />(2) Disclosure of the information is against the public interest because there is a <br />necessity for preserving the confidentiality of the information that outweighs the <br />necessity for disclosure in the interest of justice; but no privilege may be claimed <br />under this paragraph if any person authorized to do so has consented that the <br />information be disclosed in the proceeding. In determining whether disclosure of <br />the information is against the public interest, the interest of the public entity as a <br />party in the outcome of the proceeding may not be considered. <br /> <br />(c) Notwithstanding any other law, the Employment Development Department <br />shall disclose to law enforcement agencies, in accordance with subdivision (i) of <br />Section 1095 of the Unemployment Insurance Code, inf ormation in its possession <br />relating to any person if an arrest warrant has been issued for the person for <br />commission of a felony. <br />(Amended by Stats. 2015, Ch. 20, Sec. 1. (SB 79) Effective June 24, 2015.) <br /> <br />1041. (a) Except as provided in this section, a p ublic entity has a privilege to <br />refuse to disclose the identity of a person who has furnished information as <br />provided in subdivision (b) purporting to disclose a violation of a law of the United <br />States or of this state or of a public entity in this state, and to prevent another from <br />disclosing the person’s identity, if the privilege is claimed by a person authorized <br />by the public entity to do so and either of the following apply: