P.C. 148 Data
| Submitted | Dec. 22, 2022 |
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Communications
From: Anonymous Anon
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
1. The number of criminal complaints filed between January 1, 2021, through January 1, 2023, that included an alleged violation of Penal Code section 148 as the sole Count in the complaint, with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant.
2. Any list or database of criminal complaints filed between January 1, 2021, through January 1, 2023, that included an alleged violation of Penal Code section 148 as the sole Count in the complaint, with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Anonymous Anon
From:
Dear Requester,
I write in response to your December 22, 2022 California Public Records Act (CPRA) request to the County of Santa Clara Office of the District Attorney ("DA's Office"). Your request sought: (1) The number of criminal complaints filed between January 1, 2021, through January 1, 2023, that included an alleged violation of Penal Code section 148 as the sole Count in the complaint, with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant; and (2) Any list or database of criminal complaints filed between January 1, 2021, through January 1, 2023, that included an alleged violation of Penal Code section 148 as the sole Count in the complaint, with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant.
With respect to Request No. 1, the DA's Office can provide the number of complaints with a breakdown of the race of the charged defendant. However, the DA's Office does not track the ethnicity or national origin of defendants and therefore is unable to provide you with that information. Please let me know if you would like the DA's Office to proceed with gathering the number of criminal complaints filed between January 1, 2021 and January 1, 2023 that include an alleged violation of Penal Code section 148 as the sole Count in the complaint with a breakdown of the race of the charged defendant. If so, the DA's Office can provide you with the cost of the task pursuant to Government Code section 6253.9(b)(2) and instructions on how to submit payment.
With respect to Request No. 2, the right to privacy under the California Constitution and the regulatory scheme regarding criminal offender record information prohibits production of a list or database of the criminal complaints you request. See Cal. Const. art. I, § 1; Gov. Code § 6254(k); Penal Code § 13100 et seq. (in particular, Penal Code §§ 13102, 13201, 13300, 13303, 13304, 13305); Craig v. Municipal Court (1979) 100 Cal.App.3d 69; Westbrook v. County of Los Angeles (1994) 27 Cal.App.4th 157.
Finally, you may be interested in information contained in the DA's Office Race and Prosecutions report, which can be found here: Race Prosecutions 2022 Report - Combined with Appendix.pdf (sccgov.org)<https://countyda.sccgov.org/sites/g/files/exjcpb1121/files/documents/Race%20Prosecutions%202022%20Report%20-%20Combined%20with%20Appendix.pdf>. Information regarding Penal Code 148 can be found on page 22.
I look forward to hearing from you regarding Request No. 1. If we do not hear from you by January 13, 2022, the County will consider this request closed.
Regards,
Shana
[cid:image001.png@01D91B64.2891E5B0]
Shana Heller | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5949
Pronouns: she/her/hers
shana.heller@cco.sccgov.org<mailto:shana.heller@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
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image001
From: Anonymous Anon
Please proceed with fulfilling each request to the extent possible.
In response to a similar requests that is publicly available on Muckrock.com, the Santa Clara County Office of the District Attorney provided the attached data with a list of complaints by case number, race, and offense level. No personal data was included.
Since the Santa Clara County Office of the District Attorney has provided this information in the past with regards to PC 594 cases, it is not clear that the citations provided would prevent the same office from providing the same date with regards to PC 148 cases.
Regardless, please proceed with fulfilling each request to the extent possible.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Anonymous Anon
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CPRA_Vandalism_Data.xlsx
From: Santa Clara County Office of the District Attorney
Dear Requester,
For the reasons outlined in my December 29, 2022 email, the County cannot provide you with a list or database of the criminal complaints you request.
The cost of the task to provide you with the number of complaints with a breakdown of the race of the charged defendant, pursuant to Government Code section 6253.9(b)(2), is $161.34. The DA’s Office will generate this information after receiving payment. Please follow the below payment instructions to ensure smooth processing of your request:
1. Make payment in the amount indicated above payable to: County of Santa Clara
2. Send payment and a copy of this email to: 70 West Hedding Street, West Wing, San Jose, CA 95110, Attention: Angela Bernhard
Thank you.
Regards,
Shana
[cid:image001.png@01D924DC.783CB5F0]
Shana Heller | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5949
Pronouns: she/her/hers
shana.heller@cco.sccgov.org<mailto:shana.heller@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
From: Anonymous Anon
To Whom It May Concern:
Please find enclosed a check for $161.34 to satisfy the fee associated with the attached public records request.
Thank you.
Office of the District Attorney
PRA Office
West Wing
70 West Hedding Street
San Jose, CA 95110
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Dec. 22, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Santa Clara County Office of the District Attorney
Dear Requester,
The District Attorney’s Office recently received payment and has confirmed that the check has cleared. They are working on pulling the numbers which may take a few weeks. I will send you the results once those numbers are pulled.
Thank you.
Regards,
Shana
[cid:image001.png@01D93AE6.A0112EB0]
Shana Heller | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5949
Pronouns: she/her/hers
shana.heller@cco.sccgov.org<mailto:shana.heller@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
From: Santa Clara County Office of the District Attorney
Dear Requester,
Below, please find the number of complaints filed between January 1, 2021 and January 1, 2023, with a breakdown of race of the charged defendant, that included an alleged violation of Penal Code section 148 as the sole count in the complaint.
Race
Cases
All Others
1
Asian Indian
1
Black
15
Hispanic
76
Other Asian
4
Vietnamese
1
White
24
Grand Total
122
This completes the District Attorney’s Office response to your request.
Regards,
Shana
[cid:image001.png@01D93D2B.7898FB00]
Shana Heller | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5949
Pronouns: she/her/hers
shana.heller@cco.sccgov.org<mailto:shana.heller@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
