Bill Text: CA SB1311 | 2015-2016 | Regular Session | Chaptered
Bill Title: Vehicles: confidential home address.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State. Chapter 889, Statutes of 2016. [SB1311 Detail]
Download: California-2015-SB1311-Chaptered.html
BILL NUMBER: SB 1311 CHAPTERED
BILL TEXT
CHAPTER 889
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE MAY 27, 2016
PASSED THE ASSEMBLY AUGUST 11, 2016
AMENDED IN SENATE MAY 17, 2016
AMENDED IN SENATE APRIL 26, 2016
AMENDED IN SENATE APRIL 5, 2016
INTRODUCED BY Senator Glazer
FEBRUARY 19, 2016
An act to amend Section 1808.4 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1311, Glazer. Vehicles: confidential home address.
Existing law makes confidential, upon request, the home addresses
of specified governmental officials, peace officers, state employees,
and certain other persons that appear in the records of the
Department of Motor Vehicles. Existing law also makes confidential,
upon request, the home address of the spouse or child of any of those
persons, or the surviving spouse or child of a peace officer if the
peace officer died in the line of duty, except for a spouse,
surviving spouse, or child who was convicted of a crime and is on
active parole or probation. Existing law prohibits the disclosure of
the confidential home addresses described above, except as specified.
Existing law requires a record of the department containing a
confidential home address to be open to public inspection, as
specified, if the address is completely obliterated or otherwise
removed from the record. Existing law also provides that the home
address of the surviving spouse or child of a peace officer, as
specified, shall be withheld from public inspection for 3 years
following the death of the peace officer.
This bill would require the department to discontinue holding a
home address confidential, pursuant to the above provisions, for a
child or spouse of specified persons if the child or spouse is
convicted of a felony in this state or is convicted of an offense in
another jurisdiction that, if committed in California, would be a
felony.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1808.4 of the Vehicle Code is amended to read:
1808.4. (a) For all of the following persons, his or her home
address that appears in a record of the department is confidential if
the person requests the confidentiality of that information:
(1) Attorney General.
(2) State Public Defender.
(3) A Member of the Legislature.
(4) A judge or court commissioner.
(5) A district attorney.
(6) A public defender.
(7) An attorney employed by the Department of Justice, the office
of the State Public Defender, or a county office of the district
attorney or public defender.
(8) A city attorney and an attorney who submits verification from
his or her public employer that the attorney represents the city in
matters that routinely place the attorney in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts, if that attorney is employed by a city
attorney.
(9) A nonsworn police dispatcher.
(10) A child abuse investigator or social worker, working in child
protective services within a social services department.
(11) An active or retired peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code.
(13) A nonsworn employee of a city police department, a county
sheriff's office, the Department of the California Highway Patrol, a
federal, state, or local detention facility, or a local juvenile
hall, camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.
(14) A county counsel assigned to child abuse cases.
(15) An investigator employed by the Department of Justice, a
county district attorney, or a county public defender.
(16) A member of a city council.
(17) A member of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or National Park
Service Ranger working in this state.
(19) An active or retired city enforcement officer engaged in the
enforcement of the Vehicle Code or municipal parking ordinances.
(20) An employee of a trial court.
(21) A psychiatric social worker employed by a county.
(22) A police or sheriff department employee designated by the
chief of police of the department or the sheriff of the county as
being in a sensitive position. A designation pursuant to this
paragraph shall, for purposes of this section, remain in effect for
three years subject to additional designations that, for purposes of
this section, shall remain in effect for additional three-year
periods.
(23) A state employee in one of the following classifications:
(A) Licensing-Registration Examiner, Department of Motor Vehicles.
(B) Motor Carrier Specialist I, Department of the California
Highway Patrol.
(C) Museum Security Officer and Supervising Museum Security
Officer.
(D) Licensing Program Analyst, State Department of Social
Services.
(24) (A) The spouse or child of a person listed in paragraphs (1)
to (23), inclusive, regardless of the spouse's or child's place of
residence.
(B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, if the peace officer died in the line of duty.
(C) (i) Subparagraphs (A) and (B) shall not apply if the person
listed in those subparagraphs was convicted of a crime and is on
active parole or probation.
(ii) For requests made on or after January 1, 2011, the person
requesting confidentiality for their spouse or child listed in
subparagraph (A) or (B) shall declare, at the time of the request for
confidentiality, whether the spouse or child has been convicted of a
crime and is on active parole or probation.
(iii) Neither the listed person's employer nor the department
shall be required to verify, or be responsible for verifying, that a
person listed in subparagraph (A) or (B) was convicted of a crime and
is on active parole or probation.
(D) (i) The department shall discontinue holding a home address
confidential pursuant to this subdivision for a person specified in
subparagraph (A) or (B) who is the child or spouse of a person
described in paragraph (9), (11), (13), or (22) if the child or
spouse is convicted of a felony in this state or is convicted of an
offense in another jurisdiction that, if committed in California,
would be a felony.
(ii) The department shall comply with this subparagraph upon
receiving notice of a disqualifying conviction from the agency that
employs or formerly employed the parent or spouse of the convicted
person, or as soon as the department otherwise becomes aware of the
disqualifying conviction.
(b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to
a court the need for the home address, if the disclosure is made
pursuant to a subpoena.
(5) A governmental agency to which, under any provision of law,
information is required to be furnished from records maintained by
the department.
(c) (1) A record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record.
(2) Following termination of office or employment, a confidential
home address shall be withheld from public inspection for three
years, unless the termination is the result of conviction of a
criminal offense. If the termination or separation is the result of
the filing of a criminal complaint, a confidential home address shall
be withheld from public inspection during the time in which the
terminated individual may file an appeal from termination, while an
appeal from termination is ongoing, and until the appeal process is
exhausted, after which confidentiality shall be at the discretion of
the employing agency if the termination or separation is upheld. Upon
reinstatement to an office or employment, the protections of this
section are available.
(3) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse or
child listed in subparagraph (B) of paragraph (24) of subdivision (a)
shall be withheld from public inspection for three years following
the death of the peace officer.
(4) The department shall inform a person who requests a
confidential home address what agency the individual whose address
was requested is employed by or the court at which the judge or court
commissioner presides.
(d) A violation of subdivision (a) by the disclosure of the
confidential home address of a peace officer, as specified in
paragraph (11) of subdivision (a), a nonsworn employee of the city
police department or county sheriff's office, or the spouses or
children of these persons, including, but not limited to, the
surviving spouse or child listed in subparagraph (B) of paragraph
(24) of subdivision (a), that results in bodily injury to the peace
officer, employee of the city police department or county sheriff's
office, or the spouses or children of these persons is a felony.
