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California Evidence Code Section 1041

Legal Research Home > California Laws > Evidence Code > California Evidence Code Section 1041

1041.  (a) Except as provided in this section, a public entity has a
privilege to refuse to disclose the identity of a person who has
furnished information as provided in subdivision (b) purporting to
disclose a violation of a law of the United States or of this state
or of a public entity in this state, and to prevent another from
disclosing such identity, if the privilege is claimed by a person
authorized by the public entity to do so and:
   (1) Disclosure is forbidden by an act of the Congress of the
United States or a statute of this state; or
   (2) Disclosure of the identity of the informer is against the
public interest because there is a necessity for preserving the
confidentiality of his identity that outweighs the necessity for
disclosure in the interest of justice; but no privilege may be
claimed under this paragraph if any person authorized to do so has
consented that the identity of the informer be disclosed in the
proceeding. In determining whether disclosure of the identity of the
informer is against the public interest, the interest of the public
entity as a party in the outcome of the proceeding may not be
considered.
   (b) This section applies only if the information is furnished in
confidence by the informer to:
   (1) A law enforcement officer;
   (2) A representative of an administrative agency charged with the
administration or enforcement of the law alleged to be violated; or
   (3) Any person for the purpose of transmittal to a person listed
in paragraph (1) or (2).
   (c) There is no privilege under this section to prevent the
informer from disclosing his identity.

Last modified: February 22, 2013