§ Sec. 1041. Privilege for identity of informer

§ 1041. Privilege for identity of informer

 

(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.